MM14

We have reviewed the information submitted and have the following comments to make:

MM8 - Amendment to paragraph 6.43 to accord more closely with the PPG as to where ecological surveys and reports are required.
We agree with this modification.

MM13 - Additional reinforcement of the sewerage network will be required to serve the development and therefore, the developer will need to work with Southern Water to ensure necessary infrastructure is provided prior to occupation.
We are pleased to note that the new paragraph after 9.60 (and subsequent consequential paragraph number amendments) will be inserted as stated in the MM13 and the additional policy criteria in policy BEX4 (and subsequent consequential criteria number amendments). We are also pleased with the amendments in MM19 - Additional text in policy HAS2 and its supporting text that requires proposals do not impact water quality in the adjacent Park Wood gills and MM21 - Amend Policy BRO2, its supporting text and the Detail Map regarding sewerage capacity arrangements and amendment to the site boundary to reflect a recent planning application delegated to approve,
regarding sewage capacity.

MM14 - To include the requirement for an Appropriate Assessment at planning application stage & MM15 - To include the policy requirement for two stages of SuDS and an Appropriate Assessment at planning application stage.
We are pleased with the amendments made in both of these. Regarding the two stages of SuDS and an Appropriate Assessment at planning application stage.

MM17 - Amendment to the wording of the policy and supporting text to reflect that there are two culverts running through the site.
We are pleased with the 8 metre from the culverts. Although when possible we would suggest de-culverting, to bring rivers to its natural shape and benefit biodiversity in the area.

MM27 - Additional criterion added to Policy RHA1 and its supporting text regarding on the adjacent Natura 2000 Sites.
We are satisfied with the Additional criterion added to Policy RHA1 and its supporting text regarding on the adjacent Natura 2000 Sites. In particular the amendments to paragraphs 11.197 and 11.200.

MM28 - Additional criterion added to Policy RHA2 regarding on the adjacent Natura 2000 Sites, with additional supporting text & MM29 - An additional criterion is added to require an appropriate drainage scheme with any submitted planning application.
We are pleased that our comments were taken into consideration.

Environment, Environmental pollution
Section 6.78 (Page 95) and Section 6.96 Contaminated Land (Page 98) and Policy DEN7: Environment Pollution (Page 99)
We are pleased that our advice "reference to contaminated land should be changed to say "Land Contamination". Contaminated Land has a specific definition under the Environment Act 1990 Part IIA Regulations." Was taken into account and included in the local plan.

Part A: Development Policies
2. Resource management, Water Efficiency
Policy DRM1: Water Efficiency (Page 20)
We couldn't find any reference to our previous comments regarding this policy:
We are disappointed not to see requirements for water efficiency measures for commercial developments. We would expect to commercial developments required to meet BREEAM "excellent" or "very good" as a minimum. Other councils including Rother's neighbour Folkestone and Hythe have policies requiring such suggested standards. We would query why the LPA has seen fit not to mention BREEAM standards.

These comments were first made when responding to your consultation Examiners main Matters, Issues and Questions document, Matter 4 - Development Policies and the question regarding Resource Management.

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.