MM14 - Policy BEX6: Part (v) of the policy

a) Considering the requirements of the Habitats Regulations, we suggest a policy requirement for a 'project-level habitats regulations assessment (HRA), with Appropriate Assessment (AA) where necessary' as opposed to an outright requirement for an AA. The suggested wording ensures the requirement of the habitats regulations can be met whilst avoiding potential conflict with the policy should it be the case that an AA it is not needed. For clarity, this advice does not aim to pre-determine the requirement for an AA; this should be informed by the details of the proposal at application stage.

b) Removal of 'on site' from the policy would allow more flexibility in the drainage approach, allowing for consideration of delivering an alternative SuDS design such as connection to a strategic SuDS scheme, should this come forward in the future (part of which may be off-site).

MM15 - Policy BEX7: Part (vii) of the policy

c) The interest features of Pevensey Levels SAC, Ramsar and SSSI are sensitive to changes in water quality and water quantity. In the Pevensey catchment, SuDS are therefore required to address possible impacts to water quality and water quantity. As such, the following (in brackets) addition is recommended:
'a minimum of two types/ stages of Sustainable Drainage (SuDS) treatment will be required to address the possible negative effects from surface run-off and hydrological pathways on the water quality [and water quantity] in the Levels'

d) The recommendations provided above in parts a) and b) also apply to this modification.

MM22 & MM23 - Policy CAM1 and CAM2

e) Regarding the impacts to the SPA/Ramsar site, it may be beneficial to make clear in the policy that development likely to have a significant effect on the SPA/Ramsar should be subject to a Habitats Regulations Assessment (HRA).

f) Where the supporting text refers to financial contributions to SARMS, Natural England advises the Council to be clear that the SARMS is to address impacts from future growth in tourism, and any development contributions sought from local development, e.g. through CIL, should be clearly linked to managing the future effects of tourism, and not as specific mitigation under the Habitats Regulations. We refer to our advice in our letter dated 10 May 2019, attached for ease of reference. Please see following link: http://www.rother.gov.uk/CHttpHandler.ashx?id=32372

We are aware that a Sustainability Appraisal Addendum and Habitats Regulations Addendum have been released for consultation alongside the Main Modifications, together with a Schedule of Additional (Minor) Modifications. For clarity, Natural England has no comments to make on these aforementioned documents.