Policy BEX14: Land south-east of Beeching Road, Bexhill

Response to Question 6 - Objection to Draft Site Allocation Policy BEX15: Land South- East of Beeching Road, Bexhill (Chapter 9)

We write on behalf of our client WM Morrison Supermarkets Plc ('Morrisons') in relation to the draft retail allocation at Bexhill (Draft Policy BEX14). Morrisons wish to highlight that draft proposals for a new foodstore on this site were first promoted in 2012/2013, however these were not progressed due to various factors, including the change in the food retail market. Notwithstanding this Morrisons continue to express an interest in delivering a foodstore on this site and have undertaken lengthy discussions with Rother DC.

The site has been the subject of previous detailed appraisals, by Rother DC, Morrisons, as well as Rother DC's own retail consultants, GL Hearn and more recently GVA.

GL Hearn Rother Shopping Assessment Update Report (2013)

We note that Rother DC appointed GL Hearn to prepare the Rother Shopping Assessment Update Report in 2013. This included an assessment of future retail needs in the district, however it also included a 'Sequential Site Analysis', in particular in relation to potential retail sites in Bexhill.

GL Hearn identified the land which is the subject of the current draft allocation and confirmed that the southern side of Beeching Road (i.e. A(i)) is the preferred location for retail development due to its proximity to the town centre. However, GL Hearn accepted that the site may be difficult to assemble in the short-term due to land ownership issues. GL Hearn did not rule out the possibility of a retail development to the rear (i.e. Sites A(ii) and A(iii)), however they concluded that there are less suitable in terms of their connection with the town centre. For reference please see the plan below (plan attached: http://www.rother.gov.uk/CHttpHandler.ashx?id=31167)
which highlights these areas and which is appended to the GVA 2018 study (Appendix VII).

GL Hearn also acknowledged that Site A(i) comprises a small industrial estate accommodating c. 21 units and associated car parking. There are numerous interests on the estate that comprises Site A(i) and these amounting to c. 27 different leasehold interests which will need to be resolved with either through re-location or financial re-imbursement. GL Hearn state:

"Due to the presence of active businesses on Area A (i), achieving a viable scheme on the site may be challenging, particularly given its relatively limited size. It is likely that Area A(ii) would have to be incorporated in order to assemble a viable development site, with the associated car parking requirements. It is considered that Area A(iii) represents a viable development prospect, subject to the costs of business relocation not precluding development" [our emphasis]


GVA Retail Capacity Study for Bexhill-on-Sea (September 2018)

More recently, GVA were appointed by Rother DC to provide an updated capacity assessment for Bexhill-on-Sea, however it also provides input into the proposed allocation as drafted in the 2016 Draft Site Allocations Local Plan. GVA concludes that Bexhill Town Centre has experienced a 'considerable drop' in convenience market share since the 2007 retail study and they provide a number of forecasts in respect of convenience need. Assuming a 5% uplift in market share this would amount to 1,623 sq m by 2028.

GVA acknowledge the 2016 draft retail allocation at Beeching Road makes provision for 2,000 sq m net sales floorspace. Whilst this is slightly higher than the forecast capacity GVA conclude:

"any new store will need to be of a reasonable size in order to compete with the out-of-centre Tesco store at Ravenside Retail Park and help achieve a small uplift in the town's convenience market share."

GVA consider that a convenience goods sales area of 2,000 sq m appears to be appropriate in this case and we would emphasise that the out-of-centre Tesco at Ravenside Retail Park has a net sales area of 3,112 sq m (net convenience sales of 2,334 sq m).

We note that GVA also comment on the draft retail allocation and conclude that whilst foodstore / supermarkets will have their own layout requirements they suggest that areas A(i) and A(ii) would be large enough to accommodate a store measuring 2,000 sq m net convenience plus parking and servicing. GVA comment on the issue of 'availability' and conclude that the ability to make the Beeching Road (south) site (i.e. A(i)) available for redevelopment has its challenges, in particular the ability to amend long and short-term leases will take time to resolve.

GVA express their opinion that the redevelopment of this area remains a medium-term option and that this is not a significant issue given the scale and urgency of need. GVA highlight Rother DC's involvement as freehold landowner across the site will assist in bringing forward land for redevelopment and reorganising / relocating existing occupiers. GVA make it clear that Rother DC will need to take a prominent and active role in bringing land forward for redevelopment to fulfil the aspirations of the allocation.

Draft Site Allocation BEX14: Land south-east of Beeching Road, Bexhill

The 'Draft Development and Site Allocations Local Plan' (October 2018) sets out the draft allocation for Beeching Road (BEX14). The supporting paragraphs 9.156 to 9.172 set out the context to the allocation and provide further clarification on the policy requirements. Policy BEX14 sets out the key criteria for development of the site and Figure 33 comprises the Policy BEX14 'Detail Map'.

Figure 33: Policy BEX 14 Detail Map included: http://www.rother.gov.uk/CHttpHandler.ashx?id=31168

The draft policy seeks to locate the retail development on the southern (pink highlighted) section of the allocation (as per the extract below - plan provided: http://www.rother.gov.uk/CHttpHandler.ashx?id=31168). Rother DC appear to have applied GVA's advice, in part, however we consider that the current draft allocation raises significant concerns in relation to deliverability and viability.

Whilst we acknowledge that the convenience need may not be urgent, it is clear that for the allocation to deliver a foodstore which is able to compete with the existing out-of-centre stores (i.e. Tesco at Ravenside) that it needs to be of a sufficient scale. In this case, 2,000 sq m net convenience has been confirmed as appropriate by GVA and we agree with this.

GVA suggest that areas A(i) and A(ii) would be large enough to accommodate a store of 2,000 sq m net convenience sales, plus parking and servicing. Whilst that may be correct, the draft allocation has excluded a significant portion of area A(i), as illustrated by the 'proposed retail area' (highlighted in pink in the extract below). We assume this exclusion is due to availability concerns and the existence of long leasehold interests on the business units that front onto Terminus Road.

Morrisons have real concerns that the 'proposed retail area' is constrained / compromised and will not be able to deliver a store (including car parking, servicing and associated infrastructure) which will meet the aspirations of the allocation, i.e. a store of sufficient scale and quality to claw back convenience trade and promote linked trips with Bexhill Town Centre.

The site itself is subject to a number of physical constraints in terms of significant change in levels from west to east, as well as north to south, and the existence of two culverts (we note the draft policy refers to just one culvert). We acknowledge that the area identified for retail development is intended to deliver a store, car parking / pedestrian access as close to Terminus Road as possible, however it's Morrisons firm view that the area identified would be unable to deliver a viable scheme given its size and form.

Furthermore, Morrisons are aware long leasehold interests within the defined retail area. Whilst we acknowledge that Rother DC are the freehold owners, it is unclear whether Rother DC have made progress in securing agreements / amendments to the leases to deliver the allocation.

In light of this we are of the view that the draft allocation / policy cannot be accepted as being 'effective'. Rother DC confirms that the being effective "means that the policies and proposals in the DaSA Local Plan can actually happen and are deliverable." Morrisons are of the opinion that the retail allocation as currently drafted is not deliverable and there is a real risk that the proposed allocation may prevent retail development coming forward.

In light of this we would suggest that the proposed allocation / policy is amended which provides an element of flexibility to take into account the physical constraints of the site as well as the potential ownership / availability constraints. This would not restrict retail development (including car parking) to the 'proposed retail' area (shaded pink) and, if required, it could include the area reserved for employment uses (immediately to the north).

In the context of the above, the suggested changes to Draft Policy BEX14 and the supporting paragraphs are set out below. We consider these are necessary in order to make the policy 'effective' and 'sound'.

Proposed changes to the supporting paragraphs

The suggested changes to the supporting paragraphs are set out below. New text in bold and deleted as strikethrough.

9.156 Given the historic character, mix of ownership and already intensive use within the town centre, there is little opportunity for a large scale redevelopment to accommodate the level of convenience goods floorspace identified within the Core Strategy for Bexhill within the town centre boundary. Therefore, the Council must apply the sequential test in the consideration of sites to accommodate the floorspace, by firstly looking at edge-of-centre sites (i.e. within 300 metres of the town centre boundary) and, if necessary, out-of-centre sites with good links to the town centre. [No comments]

9.157 Work undertaken for the Council by GL Hearn in 2013 and GVA in 2018 considered a number of sites in terms of suitability to accommodate convenience goods retail floorspace and their location in proximity to the town centre. The only edge of centre site which can be considered available and suitable for retail redevelopment is 'Land South-East of Beeching Road'. The centre of site is within the 300m threshold to be considered edge of centre. The route from the edge of the town centre is relatively flat and there are no obstacles which would hinder the scope for linked trips with the town centre. Even so, to achieve linked trips to the town centre, direct, attractive and safe pedestrian links from the site and
along Terminus Road towards the town centre are vital. [No comments]
9.168 There is an existing public car park located on the site and it is expected that an agreement is made for the store's car park to be made available for use by the public. Consideration will need to be given to relocating the existing coach and lorry park within the site as part of proposals and provide for an equivalent quantum of spaces, in liaison with the District Council. [No comments]

9.169 Any future planning application must be accompanied with a retail impact assessment, in line with Policy EC7. Planning permission will only be granted where the proposed retail floorspace does not harm the viability of Bexhill town centre and makes a clear, positive contribution to the town centre via linked trips [No comments]

9.170 The need for additional comparison goods floorspace is expected to be provided within the town centre as set out above. Therefore, non-food sales should be restricted, meaning that they should account for a small and ancillary part of the store and not provided in a separate unit(s). The Council consider that a 20% limit on comparison goods floorspace within the new foodstore is appropriate.

9.171 The site has a medium potential to contain prehistoric, Roman and medieval remains.
An archaeological assessment would be a planning application requirement. [No comments]

9.172 A connection from the site to the nearest point of the foul sewerage network with adequate capacity will need to be made in consultation with the service provider and the detailed layout of development should take account of the nearby wastewater pumping station to minimise land use conflict [No comments]

Proposed changes to the Draft Policy BEX14

The suggested changes to draft Policy BEX14 are set out below. New text on bold and deleted as strikethrough.

text showing bold and strikethrough wording: http://www.rother.gov.uk/CHttpHandler.ashx?id=31187

Land south-east of Beeching Road, as shown on the Policies Map, is allocated for convenience retail development. Proposals will be permitted where the scheme:

i. provides a minimum of 2,000sqm of convenience floorspace (net) and provides only non-food ancillary retail sales and excludes a pharmacy and any other form of service outlet which might undermine the vitality and viability of the town centre;

ii. includes provision for the development of office units, if practicable;
iii. is accompanied by a Retail Impact Assessment in line with the requirements of Policy EC7;

iv. provides at least the minimum a direct pedestrian access frontage onto Terminus Road, as indicated on the Detail Map, to make a positive contribution to linked trips and create a visual connection with the Town Centre;

v. brings forward direct and attractive pedestrian links between the store, its car park and the town centre, including the environmental improvement of pedestrian links across Terminus Road and the northern end of Sackville Road;

vi. provides consequential offsite highway works to improve the junction of Beeching Road and London Road, alongside financial contributions towards the improvement of public transport to serve the development;

vii. ensures that the store's car park is locates the store's car park on the southern part of the site and agreement is made for the car park to be made available for use by the public;

viii. an assessment of the options to re-provide the existing coach and lorry park is undertaken, in liaison with the District Council, and suitable alternative provision made;

ix. existing occupiers of premises located within the site are re-provided, if practical within the site north of the retail allocation in the area set aside for employment redevelopment, shown in the Detail Map. If required, an alternative scout hut premises should also be provided for elsewhere in the locality in line with Policy CO1;

x. a connection is provided to the local sewerage system at the nearest point of adequate capacity, in collaboration with the service provider;

xi. an 8 metre built development exclusion zone from either side the main river culverts which passes through the site, is achieved to allow access to the existing outfall;

xii. in accordance with Policy DEN5 'Sustainable Drainage', appropriate

xiii. SuDS are incorporated within the development; and

xiv. demonstrates that the access arrangements and the service yard are located in a position that protects the residential amenity of adjacent properties.

xv. The masterplanning of the site should take account of nearby wastewater pumping stations to minimise land use conflict.

Rother District Council - Proposed Submission
Development and Site Allocations (DaSA) Local Plan consultation

Highways England ref: #6113

Thank you for your email of 26 October 2018 inviting Highways England to comment on Rother District Council's Proposed Submission Development and Site Allocations (DaSA) Local Plan and its accompanying Sustainability Appraisal.

Highways England has been appointed by the Secretary of State for Transport as strategic highway company under the provisions of the Infrastructure Act 2015 and is the highway authority, traffic authority and street authority for the strategic road network (SRN). The SRN is a critical national asset and as such Highways England works to ensure that it operates and is managed in the public interest, both in respect of current activities and needs as well as in providing effective stewardship of its long-term operation and integrity. We will therefore be concerned with proposals that have the potential to impact the safe and efficient operation of the SRN.

Department for Transport Circular 02/2013 "The Strategic Road Network and the Delivery of Sustainable Development" and the September 2015 document 'The strategic road network Planning for the future - A guide to working with Highways England' explains how we engage on planning matters and the Local Plan process in order to deliver sustainable development whilst safeguarding the primary function and purpose of the SRN.

The SRN in Rother consists of the A21 and the A259 between Bexhill and Rye. As you are aware the SRN currently experiences congestion particularly in the peak hours. We therefore look to the Rother Local Plan to promote policies to help manage the impact of development traffic on the SRN.

The Rother District Local Plan Core Strategy 2011-2018 was adopted in September 2014. The DaSA has been produced to address the need, identified in the Core Strategy, for more detailed development policies and specific site allocations. The DaSA forms part 2 of the Local Plan and together with the Core Strategy will form the basis for determining planning applications.

In February 2017 Highways England commented on the DaSA Local Plan Options and Preferred Options consultation. Key among our comments was
* We recommended the transport evidence base be updated as the study which had informed the Core Strategy was from 2011.
* The transport evidence base should include proposals for employment sites
* The transport evidence should examine the maximum that individual / cumulative sites can be developed to without unacceptable impacts on the combined road networks (strategic and local) or the points at which there is a requirement for mitigation
* Funding for improvements on the SRN should not rely on CIL contributions but require section 278 agreements
* We suggested mini Infrastructure Development Plans be considered for each allocation

As part of the current consultation, we have reviewed the following documents and set out our comments below.

* Development and Site Allocations Local Plan - Proposed Submission, October 2018
* Highways Capacity Assessment (HCA) Report (2028 Development and Site Allocations) Version 4.2, November 2018
* Infrastructure Delivery Plan, February 2015

The headings and numbering below refer to those used in the consultation and supporting documents.

Development and Site Allocations Local Plan

For Highways England to consider the Local Plan to be sound, the development proposed must be supported by a transport evidence base which assesses the cumulative traffic impact of all the development in the Plan upon the SRN. If required, the Local Plan must propose mitigation which delivers 'nil detriment' and which we can be confident is deliverable within highway land or land under the control of either yourselves as Local Planning Authority or the applicant and is compliant with all of the requirements of the Design Manual for Roads and Bridges (DMRB). Further, we must be confident that funding for any required highway mitigation is or will be in place and available at the appropriate point in the buildout period of the Local Plan. Mitigation schemes therefore need to be developed to a sufficient stage at outline design to enable robust cost estimates to be derived, which should be confirmed with Highways England.

5. Economy

Shopfronts, Signage and Advertising
Paragraph 5.2

In terms of the A259 and A21, Highways England does not allow advertisements within the highway boundary in accordance with Circular 02/2013 paragraph A2.

6. Environment

Sustainable Drainage
Paragraph 6.48

Highways England does not allow water run off due to any change of use into the highway drainage systems, nor new connections into these systems from third party development and drainage systems. On land where there is an existing drainage connection into the SRN drainage system then only the extant land use and existing outfall from that land will be accepted. Any continuation of the connection following change of use will not be permitted (Circular 02/2013 paragraph 50 applies.).

8. Overview

We note that the Core Strategy housing requirement target is at least 5,700 net additional homes up to 2028. Paragraph 8.6 states that the DaSA Local Plan and Neighbourhood Plans need to identify further sites for at least 1,574 dwellings in addition to those identified in the Core Strategy. In paragraph 8.17 there is an intention to have a margin of over provision, particularly in Bexhill, because the annualised housing requirement has not been achieved to date.

As noted above, the transport evidence should examine the maximum that sites can be developed to without unacceptable impacts on the strategic and local road networks or the points at which there is a requirement for mitigation to bring about a 'nil detriment'.

9. Bexhill
Policy BEX3: Land at North Bexhill - Infrastructure

We note that the development of the sites in policies BEX3a, BEX3b and BEX3c shall be required to contribute to shared infrastructure.

The cumulative impact of sites upon the SRN will need to be assessed and mitigated as necessary to result in a 'nil detriment' situation where the network is shown to be overcapacity. Any physical works will need to be agreed by Highways England, comply with design standards, be deliverable and fully funded by the development or an alternative realistic funding source identified. It is suggested that the policy context is re-worded to ensure that it is clear that 'nil detriment' (no worse than otherwise) is provided where the cumulative impact is 'severe' i.e the network is taken or is already over capacity.

This policy refers to direct provision and legal agreements in order to implement the shared infrastructure requirements. It should be noted that works to the SRN will be via a Section 278 of the Highways Act 1980 agreement and not a Section 106 of The 1990 Town & Country Planning Act agreement.

Policies BEX6, BEX9, BEX10 and BEX11 include requirements to provide off site highway works to make the development acceptable in highway terms. BEX14 requires works to improve junction of Beeching Road and London Road. It should be noted that combined, these sites may have a cumulative impact on the SRN and may therefore be reasonably required to contribute towards improvements on the wider road network. In the case of BEX9 Spindlewood Drive, this site will also be required to upgrade the existing access onto the A259 Barnhorn Road as well as provide an access to Spindlewood Drive on the local road Network. This was shown to be necessary to avoid 'severe' impact at the A259 Little Common Roundabout.


Highways Capacity Assessment (HCA) Report (2028 Development and Site Allocations)

We note that the transport study covering the Local Plan transport assessment work has been undertaken using a revalidated Bexhill Hastings Link Road assignment model. The Local Plan evidence base does not appear to include any documentation covering the revalidation of the model. Without an assessment of how good the model is we are unable to concur that the outputs are reliable.

In terms of any impacts upon the SRN, our concerns relate to the non-consented development element of the Local Plan. The two future year scenarios examined in the above report are the "2028 with DaSA" and "2028 without DaSA". In terms of the modelling approach our essential requirement is to compare the 2028 with consented development scenario against the 2028 with additional non-consented scenario. In this respect, the "with" and "without" scenarios in the report (based upon the allocations in Table 2-3) do not quite seem to equate to the housing and employment numbers or allocations in Table 18 and Paragraph 8.19 of the main "Development and Site Allocations Local Plan Proposed Submission" document. Clarification is required as to whether Highways England's requirement has been met in this regard particularly as the sites at Barnhorn Green, Grand Hotel and Worsham Farm appear to be committed development. Any non-consented windfall assumed should also be included in a non-consented scenario.

Page 6 of the Highways Capacity Assessment Report states that the "2028 without DaSA scenario "excludes traffic growth due to increases in households or employment in the locations of development in the DaSA scenario". Information should be supplied to explain how this was done.

The Highways Capacity Assessment Report shows in Table 2-3 the numbers of trips to and from the modelled site allocations. We would like to see TRICS outputs showing trip rates for the different allocations to establish whether they are robust.

The Highways Capacity Assessment Report states that for both future scenarios that a furness procedure has been used to determine the future trip distributions. We request that the trip row and column totals within the matrices be provided prior to furnessing to ascertain whether the differences are significant (unless the process was singly constrained).

The Highways Capacity Assessment Report has focussed on development solely within the Bexhill Bexhill/Hastings part of Rother District. The model does not extend out towards Rye in the east and Wadhurst in the north. Further information and potentially assessment is required of non-consented development impacts upon the SRN elsewhere in the District, or text on why further assessment is not required. At this stage we consider that although the model includes the A259 trunk road it should at least be extended to include the A21 north of Hastings.

The Highways Capacity Assessment Report assumes a number of highway improvements will have been implemented by 2028. These are:

* The North Bexhill Access Road (NBAR)
* Queensway Gateway Road (QGR)
* Complementary measures associated with BHLR - junction improvements on The Ridge at Queensway and Harrow Lane and bus priority measures on the A259
* Junction improvements due to North East Bexhill development
* Signalised junctions of B2182 Holliers Hill / A2036 Wrestwood Road and B2182.

Whilst we are aware of the programme for the more significant schemes (NBAR & QGR) there is no detail on these schemes, no junction or link analysis, nor a programme to show that all of these improvements will be in place at the appropriate point in the Local Plan.

Notwithstanding these comments and queries the highways report includes V/C outputs for the 2028 "with" and "without" scenarios. The plots appear to show increasing numbers of vehicles and capacity issues on certain sections of the A259 classed as SRN. For our purposes it would be more useful to look at queues and delays rather than V/C ratios to ascertain whether the differences between the scenarios require further more detailed examination and mitigation. Assuming that the above queries and comments can be resolved we would need to see outputs in these formats moving forward.

The assessment shows increases on the A259 during the AM and PM peak periods, in the range of 50-200 vehicles per peak period. With our earlier comments above in mind with regard to the use of V/C in the assessment, the V/C ratio analysis highlights specific sections of the A259 that are shown to be operating at over 80% capacity. These being:

* A259 West of Little Common
* A259 East of A269 signal junction
* A259 East of A2036 roundabout (near Bexhill Leisure Pool)

However, the report contains no mitigation proposals for any junction or link that is shown to exceed capacity in 2028. Whilst here is a "Potential Mitigation Measures" chapter this does not deal with specific measures and is rather vague and includes items such as MOVA or SCOOT, along with other undefined junction modifications / improvements. It is not possible for Highways England to give views on the suitability of the proposed developments without there being clear identification of where mitigation is required, and what form it will take.

Your attention is drawn to Paragraph 18 of Circular 02/2013 which states that "Capacity enhancements and infrastructure required to deliver strategic growth should be identified at the Local Plan stage, which provides the best opportunity to consider development aspirations alongside the strategic infrastructure needs."

In the absence of any proposed mitigation measures which have been demonstrated to provide a 'nil detriment' situation, nor costings and funding sources, Highways England has no confidence that the development in the Plan is deliverable without severe harm to the SRN.

In addition, within the councils Core Strategy adopted in September 2014, policy TR3 is clear that "development will be permitted where mitigation against transport impacts ... is provided." It would appear therefore, that the requirements of Policy TR3 are not met within the Highways Capacity Assessment Report, and therefore the developments proposed in DaSA are not shown to accord with the councils adopted Core Strategy.


Infrastructure Delivery Plan (IDP)

The IDP needs to be brought up to date once SRN mitigation required to deliver the development in the Local Plan has been agreed with Highways England. As part of this, any works will need to be costed and realistic funding sources identified. Funding via CIL contributions is not appropriate for SRN improvements as this does not provide sufficient certainty. All improvements/mitigations to the SRN will require section 278 of the Highways Act 1980 agreements.

There are also several references to the Highways Agency within the document which should be updated to Highways England.

Highways England can advise that the A259 Little Common roundabout improvement has been implemented.


Highways England's Current position

Highways England therefore considers that the DaSA Local Plan is not sound on transport grounds as it does not meet the tests of Justified nor Effective.

Whilst our current position may not be what the council had hoped for, we are keen to work with you, East Sussex County Council and any consultants employed by the councils to resolve our concerns and comments as advised above. We hope that we can reach a position prior to EIP which will enable us to enter into a Statement of Common Ground with the Council and County Council which shows that all parties consider the Local Plan is sound in terms of Transport matters. We look forward to your response in due course and hope that you find these comments, queries and advice useful.