Please see our full representations and response to Q54

Please see attached comments from Burwash Parish Council.

See attached document

Please see attached submission.

Draft Rother Local Plan 2020-2040 – Public Consultation

Hastings Borough Council welcomes the opportunity to formally comment on the Rother District Council Regulation 18 draft Local Plan. Hastings Council is broadly supportive of the Rother Local Plan and its vision, aims and objectives. Specific comments are made here on those areas of the Draft Plan where there are strategic cross-boundary issues. We wish to continue to work with the Rother District Council on these and other matters in the Plan, as work on the Plan progresses as part of meeting Duty to Cooperate requirements.

- Joint Statement:

The Council is supportive of the joint statement and is committed to continuing to work closely together on strategic matters affecting both of our councils’ Plans.

- Housing requirement and Development Strategy:

The joint Housing and Economic Development Needs Assessment (HEDNA) identifies a need for 14,740 net new homes over Rother’s Plan period. The draft Plan outlines the potential to meet this need through the delivery of between 5,158 and 7,287 new homes. This equates to meeting approximately 50% of the district’s identified housing need, and places a potential pressure on Hastings Council, as a neighbouring authority within the same housing market area, to assist Rother in meeting their full housing need. Rother Council, has, after the start of their Regulation 18 consultation, now formally requested this council’s assistance in meeting their unmet housing need. As established through joint working with Rother planning officers, we will regrettably be unable to assist in meeting any of Rother’s potential unmet need owing to the challenges we face in meeting our own housing targets.

We note that at this draft Regulation 18 stage of the plan making process, (with an additional final public consultation to follow) this draft Plan does not provide any specific allocations but presents sites that have been assessed as part of the Housing Economic Land Availability Assessment (HELAA) process. The draft Plan’s preferred development strategy policy includes development around the Hastings Fringe (as referenced in option SD05 set out in the Development Strategy Background Paper) and identifies small-scale sensitive development around the fringe.

From the HELAA document it can be identified that there are only three sites identified in the Hastings Fringe that would be considered as potentially suitable sites that have not been rejected as part of the HELAA process. Hastings will be keen to discuss these potential sites on the Hastings Fringe and surrounding area as the Rother Plan progresses and further details of specific site allocations come forward. However, in principle, the Council is broadly supportive of the residential development within the Hastings Fringe, subject to the details of specific sites and their constraints.

Furthermore, the council is supportive of the assessment within the HELAA of land at the Breadsell (HAF0007), which indicates that the site is not currently suitable for allocation.

- Strategic Gap:

The Council is broadly supportive of the strategic gaps between Bexhill, Crowhurst and Battle in relation to Hastings, given the importance of the Combe Valley Countryside Park, environmental constraints and the lack of suitability in sustainability terms of these locations to accommodate significant levels of development. The supporting land supply evidence documents should clearly set out how these broad locations have been assessed and discounted for significant development.

- Employment Land:

The draft Plan indicates that it will be possible to meet overall employment needs in terms of having a sufficient supply of land suitable for employment-related development. However, there is an identified undersupply of land suitable for meeting storage and distribution needs. Given the undersupply of land suitable for storage & distribution within Hastings Borough, this could result in a significant under-delivery across the district and borough functional market area combined. The Council would therefore welcome more discussion on meeting employment needs across the two authorities’ areas.

- Flood Risk:

We recognise that flood risks may cross our respective district and borough boundaries. Some watercourses have interactions with, or originate from, watercourses beyond the Hastings borough. In some cases, surface water can enter these watercourses over quite a wide area (the Combe Haven is an example of this). The Council would welcome at this stage in the development of Rother’s Plan, the opportunity to explore whether the Rother Strategic Flood Risk Assessment (SFRA) is able to consider how surface water discharge may impact on flood risk in Hastings, either through runoff or interaction with watercourses.

- Whole Plan Viability:

As already stated, the Council is generally supportive of the policies that have been proposed in the Draft Local plan and their alignment with Draft Plan objectives. However, the Council notes that there is no whole plan viability assessment underpinning the policy proposals at this time. The Council is therefore keen to understand the viability of Regulation 18 policy proposals set out, as the plan progresses.

We also look forward to the continuing dialogue between the two councils as part of the duty to cooperate process.

The original reponse has been saved as an attachment, titled: 'Regulation 18 Representation - Hastings Borough Council'

See attachments for full submission comprising:
- Homes England - Draft Reps R18 plan and Hodson's Mill Robertsbridge (which also contains Appendices A and B);
- Appendix C - Landscape Statement; and
- Appendix D - Site Boundary

The submission contains general comments on the Local Plan and HELAA sites SAL0003 and SAL0024, as well as answers to specific questions as set out in the Local Plan.

See attached documents which comprise the submission:
- Reps- Oak Tree Homes Trust final 2207 (which includes appendices 1-3); and
- 4019_Technical Note_Pond Cottage Main Street Peasmarsh_May24 (Appendix 4).

On behalf of my client, I write to make submissions to the Rother District Regulation 18 Local Plan consultation. My client has control over land west of Netherfield Court, Netherfield Road, Netherfield, TN33 9PX
These representations relate in particular to the following parts of the Regulation 18 document, titled Rother Local Plan 2020-2040:
•
Housing Need
• Preferred Spatial Development Options
• Relevant Draft Local Policies
A site plan outlining the land promoted for development is included at Appendix 1 and has been considered under the HELAA under reference BAT0065.
Housing Need
The key objective to significantly boost the supply of housing remains a focus of planning policy at all levels. Paragraph 60 of the NPPF states that to support this aim it is important to ensure a sufficient amount and variety of land can come forward where it is needed.
In addition, paragraph 11b of the NPPF states:
‘Strategic policies should, as a minimum, provide for objectively assessed needs for housing and other uses, as well as any needs that cannot be met within neighbouring areas, unless:
i.
the application of policies in this Framework that protect areas or assets of particular importance provides a strong reason for restricting the overall scale, type or distribution of development in the plan area;
or
ii.
any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole.’
The Regulation 18 consultation identifies the housing need in the district as 14,660 homes for over the twenty-year plan period 2020 to 2040. This figure was identified in the Housing and Economic Development Needs Assessment (HEDNA, 2024), and was derived using the Standard Method, as required by the NPPF and accompanying Planning Practice Guidance (PPG). This amounts to 733 dwellings per annum. It is not clear from the Regulation 18 consultation whether this figure includes a 20% buffer to be applied as a result of under delivery as set out at paragraph 77 of the NPPF. If the 20% buffer has yet to be applied, housing requirement would increase to 879 dwellings per annum -17,580 dwellings over the plan period.
In any event, the Council have confirmed they do not in fact intend to meet their full housing need (as calculated by the standard method) for a number of reasons most notably the significant landscape and flooding constraints which exist across the district. We accept that footnote 7 of paragraph 11 of the 2023 NPPF allows for a reduction in housing delivery in areas restricted by certain designations, including National Landscape, of which a significant part of the Rother District falls within. However, we do not consider the lower housing figures offered in the Regulation 18 Consultation have been justified or that sufficient reason has been given for not meeting the higher housing need figure identified within the ‘range’ put forward by the LPA, as discussed below. It is acknowledged that the Council have stated that the final figures to be put forward for adoption will be ‘minimum’ figures. However, the history of under delivery of housing since the adoption of the Core Strategy is well documented (as set out paragraph 5.3 of the Regulation 18 Plan) which makes all the more pressing case for the Council to be taking a more radical approach to positively plan for a higher level of housing.
The Council have made a passing reference in the Regulation 18 plan to a number of reasons as to why the housing need figure calculated using the standard methodology cannot be met including:
•
Landscape constraints
•
Constraints resulting from areas lying within flood zones
Beyond a passing reference to environmental constraint, the Council has not set out in detail why they cannot meet their full identified housing need, yet seem to acknowledge the need to plan for higher levels of growth by running an additional call for sites alongside the Regulation 18 consultation. The land west of Netherfield Court would not be constrained by any of the landscape or flooding constraints cited by the Council as reason to not meet full identified housing need.
Whilst it is located within in the High Weald National Landscape (formerly AONB), the land to the west of Netherfield Court is considered to be capable of accommodating some development without adverse effect on the natural beauty of the High Weald which underpins the designation of this area. The land is located entirely within Flood Zone 1 meaning it is not in an area of the district which is at risk of adverse flooding.
Netherfield has a range of day-to-day facilities that can be accessed from the site, including a primary school and post office. There are also bus stops within Netherfield which provide a number of services to Battle and Heathfield where a wider range of day-to-day facilities can be found.
Paragraph 70 of the NPPF recognises that small scale developments can deliver housing at a faster rate. The land is owned outright by Mr Longbottom and so there are no third-party ownership issues which might prevent or delay development. It is anticipated that a small-scale development here could be delivered at a relatively quick rate.
In accordance with the Government’s objective of significantly boosting housing supply we contend the Council should pursue a higher growth strategy to fully meet the full identified housing need for the plan period. Adopting this approach will allow the Council to develop a long-term sustainable growth strategy which provides flexibility to adapt to changes in demand and allow for the inevitable cases where development does not come forward for some reason or under delivers. This is particularly the case given the history of under delivery in the district. It would also allow for a more consistent delivery rate, allowing for a wider range of smaller sites to be delivered while the infrastructure is put in place to serve larger developments.
Proposed Strategy: Overall Spatial Development Strategy
The Regulation 18 draft local plan identifies a number of spatial strategies across the district to respond to different circumstances, including small-scale development in villages surrounding Battle, at densities consistent with the surrounding area, where it is sustainable and does not negatively impact the setting of the High Weald National Landscape.
We support the principle of employing a number of spatial strategies to provide the flexibility to respond to differing circumstances. As a village on the outskirts of Battle, Netherfield is well-placed to take some additional growth. Figure 21 of the Regulation 18 plan identifies housing growth of 33 dwellings based on existing allocations in the Battle Neighbourhood Plan. The Regulation 18 plan does not seek to add any additional development to Netherfield beyond the Neighbourhood Plan allocations. The existence of allocations for housing growth in the Battle Neighbourhood Plan is an indication of the fact that Netherfield is considered to be a suitable location for housing growth and we would contend that moving forward additional allocations for small-scale development should be made in Netherfield.
This is particularly the case as the Neighbourhood Plan allocations for Netherfield have existed since 2021 yet no development has been brought forward on any and there is no guarantee that these allocations will be delivered. One allocation site (White House Farm) has been the subject of a planning application which was submitted in January 2023 and remains undecided due to a number of unresolved objections from statutory consultees. The other allocation site (Swallow Barn) has been the subject of two planning applications which have been refused on a number of grounds including concerns over the proposed access arrangements. It is worth noting that the applications at Swallow Barn have been for 5no dwellings and 4no dwellings respectively as opposed to the 10no dwellings identified in the adopted allocation policy. This factor alone provides justification for making additional allocations within the Netherfield area to ensure that at the minimum the quantum of growth identified under the Neighbourhood Plan is still delivered.
Vision for Battle and Surrounding Settlements
The vision for Battle indicates allowance for ‘small-scale development in villages surrounding Battle, at densities consistent with the surrounding area, where it is sustainable and does not negatively impact the setting of the High Weald National Landscape’. The submitted land is situated in a settlement in the area surrounding Battle so in principle is in line with this aspect of the proposed policy. The land has the potential to deliver small-scale development which is respectful of the character of the High Weald National Landscape it lies within.
Proposed Policy DEV3: Development Boundaries
Proposed Policy DEV3 states that ‘Development boundaries define the area within sustainable settlements where development will be permitted, provided it is consistent with this Local Plan’.
The explanatory text for this policy explains that settlements identified within Figure 38 (which includes Netherfield) will have their development boundary reviewed as part of the next stage of the Local Plan process.
The development boundary of Netherfield is currently set out in the Battle Neighbourhood Plan, as included in Appendix 2. The boundary on the eastern side of Netherfield is on the eastern boundary of Netherfield Primary School and the properties immediately to the south of the primary school. The development boundary as identified excludes significant amounts of existing built form within Netherfield including facilities such as the village hall and Netherfield Arms. We would contend the development boundary for Netherfield requires a comprehensive review so that it is extended to take account of existing built form and facilities. As part of such a review the development boundary should also be extended to take into account any proposed allocations which could include our clients land.
Proposed Policy DEV5: Development on Small Sites and Windfall Development
This policy recognises that historically, small sites and windfall development have played a role in the delivery of housing growth in the District and seeks to continue this reliance. We support the inclusion of this policy.
Site Specific Considerations
The submitted land identified at Appendix 1, lies on the outskirts of Netherfield.
It is noted that Netherfield has been identified within the supporting ‘Settlement Study’ as a settlement of low sustainability despite having three ‘Essential Services’. The reason for this is cited as being low scoring in terms of public transport options. We would contend that given the presence of a relatively high level of essential services (for a settlement of its scale) and the fact that it has been allocated for growth under the Battle Neighbourhood Plan the categorisation of the settlement as a settlement of ‘low sustainability’ should be reconsidered.
Notwithstanding the categorisations of Netherfield as a ‘low sustainability’ settlement it is noted that paragraph 7.25 of the Settlement Study states: ‘Some exceptions are Catsfield, Dallington, Netherfield and Woods Corner, which have each scored 3 out of 5 for access to essential services and could benefit from the provision of additional essential services and/or better public transport accessibility. They could potentially be considered sustainable locations for limited amounts of development, depending on the recommendations of the Development Strategy.’
Coupled with the identified strategy for small-scale development in villages surrounding Battle it is considered that additional growth beyond the Neighbourhood Plan allocations should be considered for Netherfield.
Our client has control over land to the west of Netherfield Court amounting to 2.42 hectares. The land benefits from an existing field access in the south-eastern corner directly onto Netherfield Road although alternative options for a new access along the site frontage could also be explored. It is understood that previous discussions with the Highway Authority secured in-principle agreement to a new access point further west along the site frontage. If this was pursued as an alternative arrangement it would enable existing trees in the south-eastern corner of the site which are subject of a Tree Preservation Order to be preserved and an appropriate buffer from any forthcoming development maintained.
The land is largely vacant agricultural grassland which is not covered by any ecological designations. The boundaries are secured by trees and hedgerows. The retention of the existing tree cover would enable development on the site to be well-screened from adjoining residential properties.
There are no public rights of way within the vicinity of the site and the sites lies within Flood Zone 1.
On the basis of a capacity of 25-45 dph dwellings per hectare (in accordance with proposed policy LWL1) the site would be capable of accommodating up to 60 dwellings as a minimum. However, taking account of the plot sizes surrounding the site and the need to set aside areas for biodiversity net gain it is considered that a lower level of dwellings would be more appropriate likely to be in the region of 6 dwellings focused on the front (southern) portion of the site. It is noted that the HELAA assessment of the site raised concerns about the landscape impacts of development on this site. We would contend that by pursuing a lower level of development focused on the front portion of the site landscape impacts could be minimised. Any forthcoming application would be supported by detailed examination of baseline and future landscape features. Through a Landscape and Visual Impact Assessment, the impact of development on the character of the High Weald NL would be assessed and the layout of any forthcoming scheme guided by this.
There are no listed buildings within the vicinity of the site which might be impacted by development of the submitted land.
Netherfield benefits from a number of day-to-day facilities including a primary school, village shop, post office & café and 2no Public Houses. These are all within walking distance of the site although it is acknowledged that a proportion of this distance there is no dedicated footpath. Netherfield lies within relatively close proximity to Battle which has a full range of day-to-day facilities. I trust that the enclosed information is clear and I look forward to receiving confirmation of receipt of this submission.
In the meantime, should you require any further information, please do not hesitate to contact me.

Please refer to full submission in attachment