Proposed Submission Development and Site Allocations (DaSA) Local Plan

Introduction

1.1 These representations are on behalf of a consortium of landowners who have formed BHH & Associates. The representations relate to some 3.77 hectares of land situated to the south of Mill Lane and east of Cottage Lane within the northern part of Westfield, East Sussex. The representations follow previous submissions made in relation to the 'Development and Site Allocations Local Plan (DaSA); Options and Preferred Options' document published by Rother District Council in October 2016. The respondent reference no. was 7193 and the representations were given the numbers 23267 and 23268.

1.2 The previous representations remain relevant and have therefore, been reproduced in Appendix 1 attached. In addition, since that time, transport planning and infrastructure design consultants (RGP) have been commissioned to produce a 'Transport Appraisal' and this is produced in Appendix 2 and also landscape consultants (Landscapevisual) have been commissioned to produce a Landscape and Visual Appraisal report, which is reproduced in Appendix 3.

1.3 As previously, the representations relate to future housing provision at Westfield, which is one of the District's larger villages and straddles the A28 approximately 3 miles north of the higher order settlement of Hastings. Although Westfield has been identified as a suitable location for accommodating some of the District's future housing requirements, the draft submission version of the Development and Site Allocations Local Plan (DaSA) published in October 2018, is unjustified in taking account of all reasonable alternatives to ensure that sufficient new housing will be delivered over the Plan period (i.e. up to 2028). The draft proposals for housing development at Westfield are not 'sound' and fail to meet the
requirements of paragraph 35 of the revised version of the National Planning Policy Framework (July 2018).

1.4 In order for the housing policies to be found sound at Westfield, the land promoted by BHH & Associates within the northern part of Westfield (hereafter referred to as the 'omission site') should be allocated for circa 80 dwellings that includes 40% affordable housing provision.

2. Justification

2.1 It is BHH & Associates' case that the omission site (shown on drawing no. LP01 - TN354SU Rev B contained in Appendix 1) is suitable, available and able to deliver some 80 dwellings on the land by the end of the 2028 Plan period and would form a natural rounding of this northern part of the village having regard to the Council's proposed housing allocations at Westfield Down (draft Policy WES 1) and at the adjacent former Moorhurst Care Home (draft Policy WES 2). In addition to the land to the south of Mill Lane and to the east of Cottage Lane being included in the DaSA as an additional housing site, the representations on behalf of BHH & Associates also seek to have the draft Development Boundary (shown on draft Inset Map 14) redrawn to include the omission site as shown in Appendix 4.

2.2 In June 2013, the Strategic Housing Market Assessment (commissioned jointly with Hastings Borough Council) identified a need for 6,180 net additional dwellings to be provided in Rother District by 2028. As a consequence of environmental and other constraints however, following the subsequent Rother Local Plan Core Strategy Examination in 2013, the Planning Inspector accepted that the housing requirement could be reduced to 'at least' 5,700 dwellings between 2011 and 2028, as now provided for in Policy SS1 (Overall Spatial Development Strategy) of the Plan adopted in September 2014. This policy seeks to provide at least 1,670 dwellings in villages.

2.3 In order to meet the housing requirement and help ensure the continued viability of villages, Policy RA1 (v) (Villages) of the Core Strategy proposes that at least 1,670 additional dwellings should be distributed among a number of rural settlements as set out in Figure 12 of the Plan. This provides for at least 115 additional dwellings in Westfield up to 2028.


2.4 Figure 17 of the DaSA provides an overview of the residual requirement for individual villages as at 1st April 2016. Having regard to completions and sites with planning permissions, there remains a need for 50 additional dwellings at Westfield. In addition, the distribution among the villages includes provision for some 242 dwellings on 'windfall sites' i.e. sites that are 'unidentified' but able to accommodate infill, redevelopment and other development.

2.5 In November 2008, as background evidence, the Council produced a Rural Settlement Strategy (RSS) to assess the role, function and needs of some 50 rural settlements across the District, of which 9 key 'service centres' were subsequently identified, comprising 2 'Rural Service Centres' and 7 'Local Service Villages', one of which includes Westfield (Figure 9 of the Core Strategy). Within the RSS, Westfield was regarded as having a reasonable range of local facilities and services including a shop providing staple goods, a Doctor's surgery, primary school, church, community hall and recreation facilities as well as being "high accessible to Hastings via the A28" and having reasonable bus services. This assessment is now reflected in paragraph 11.207 of the DaSA.

2.6 At present, as shown on Inset Map 36 of the current adopted Rother District Local Plan (2006), the development boundary has been drawn tightly around the village save for two housing allocations; one to the south east the subject of Policy BL9 (for 15 dwellings at Moor Lane) and one to the north east the subject of Policy VL11 (for 22 dwellings at Westfield Down). While the land at Moor Lane has since been developed, the land at Westfield Down has remained undeveloped and although the land has had outline planning permission (RR/2009/622/P) since June 2014 for 39 dwellings, it has only very recently been granted a reserved matters consent (no. RR/2017/1293/P) on 23rd October 2018. While this land remains as a proposed housing allocation in the submission draft version of the DaSA (draft Policy WES1), this land was previously taken into account in aiming to meet the Council's housing requirement up to 2011 in the currently adopted version of the Local Plan, and is not therefore, a fresh allocation. Moreover, the approved 39 dwellings have already been taken into account in relation to the housing commitments at Westfield as identified in Figure 17 of the DaSA.

2.7 The other main housing site proposed at Westfield is land at the former Moorhurst Care Home for 40 dwellings suitable for retirement living or sheltered housing. Although this proposed allocation (draft Policy WES2) is not unallocated and is shown outside the Development Boundary of the currently adopted Local Plan, the proposal merely replaces a care home that existed on the site previously. Furthermore, although this site was the subject of an East Sussex County Council consent (application no. RR/2862) on 11th December 2009 for reserved matters for a 48-bed residential care unit and other associated development, this has not been implemented and subsequently the consent expired in 2011.

2.8 Thus, although this land has been allocated for development, this will merely replace the previous housing accommodation on the site that has since been 'lost' and demolished. In addition, as the most recent consent has expired, there can be no reasonable certainty that 40 dwellings will be delivered on the site within the Plan period. This suggests that for the housing strategy at Westfield to be found 'sound', additional housing land is needed as a contingency measure.

2.9 In order to meet future housing needs, the DaSA recognises that the existing development boundary drawn around settlements will need to be altered and extended to provide for additional housing land. Core Strategy Policy OSS2 (Use of Development Boundaries) acknowledges this and includes 8 criteria that need to be taken into account. It is BHH & Associates' case that the proposed omission site meets all of these criteria in that the land;

i) would be well related to existing built development on three sides to the west, south and east;

ii) it can be developed as a planned extension to the village to create new character in keeping with its rural fringe location;

iii) it can provide a logical and 'defensible' extension to the village at this location;

iv) the quantum of development would help fulfil the village and District housing needs and requirements;

v) as a Local Service Village, Westfield is a suitable location able to accommodate the additional housing development proposed;

vi) the site is accessible to local infrastructure and services and can be developed in a form that would avoid scattered and ribbon development;

vii) development can take place on the land without giving rise to any harmful impact upon any national or local landscape, archaeological, geological, ecological or historic designations and

viii) a new development boundary drawn around the site can be achieved by following natural and physical features on the ground.

2.10 To assess these considerations and the land's general suitability for housing development, a Transport Appraisal and Landscape Appraisal reports have been produced as contained in Appendices 2 and 3.

3. The Site's Suitability for Housing

i) The Site Area

3.1 The 3.77 hectare 'omission' site contains a mix of land uses. Within the central part is a Christmas tree plantation that extends between Mill Lane to the north east and Cottage Lane to the south west. There is also vehicular access to this part of the land from both Mill Lane and Cottage Lane.

3.2 Adjoining this part of the site to the west is a detached residential property known as 'Ellenvale', which also abuts and has access onto Cottage Lane. The north western part of the site comprises a broadly triangular shaped field used to graze sheep and at the northern corner are two modern style agricultural buildings with vehicular access from Mill Lane, close to its junction with Cottage Lane.

3.3 On the south eastern part of the site next to the Christmas tree plantation, is a rectangular shaped area of unmanaged grassland with access from an unmade track that connects to the A28 to the east via a public right of way (footpath no. 27). The topography of the site is predominantly flat but it also slopes gently to the south and falls more steeply at the south western corner.

ii) The Site Location and Surrounding Area

3.4 The site is located within the northern part of the village (approximately 0.35 km from the centre) and is physically contained by Mill Lane to the north and Cottage Lane to the west and has existing built development on three sides. To the west, housing development extends along the western side of Cottage Lane up to its junction with Mill Lane. In addition to frontage development, there are also two road junctions onto Cottage Lane at Mill Close and New Cut that serve housing developments located within the north western part of the village.

3.5 To the south of the site is housing development that fronts onto Cottage Lane and is grouped around a cul-de-sac at Fernlea Close. To the east is the site of the former Moorhurst Care Home (the subject of proposed allocation no. WES2) that fronts onto the A28 and to the north east, there are two detached residential properties known as 'Marden Ash' and 'Cornerways' that front onto Mill Lane.

3.6 Elsewhere, there is a detached dwelling (known as Highlands) that fronts onto Mill Lane abutting the north western corner of the site and to the south east, beyond the public right of way that runs alongside the southern western boundary of the former care home, are residential properties at 'Tudor Close Cottages' and 'Further Down'.

3.7 Housing development on the omission site would round off this existing built development within this northern part of Westfield and, at a density of 25 dwellings per hectare, it has the capacity to accommodate approximately 80 dwellings. The physical features on the ground provide logical parameters for the village Development Boundary to be extended as illustrated in Appendix 4.

iii) Rother District Council's Assessment of the Land

3.8 The omission site was initially assessed as part of the Council's Strategic Housing Land Availability Assessment (SHLAA) published in March 2010. The site (no. WF10: Land at Ellenvale) was excluded due to its constraints relating to "access, gradient and potential adverse effect on neighbouring amenities". The site was not considered suitable for development because "negative issues include loss of rural business, unacceptable impact on AONB. South west corner of the site is on raised ground relative to dwellings west of the site boundary and development would have an adverse impact on their amenity".

3.9 Subsequently, the land was also considered in the Council's SHLAA review published in June 2013 and this was again given the site reference no. WF10 (Land at Ellenvale, Westfield). The review also considered the land to be unsuitable for housing as follows;

"Currently in agricultural use (grade 3) the Core Strategy Policy would look to maintain the farming capacity of the district and support rural employment (Policy RA2). Access into the site would be obtained from the south or south west of WF10 as access from Mill Lane is narrow country lane and would require a significant improvement of capacity (policy TR3) to provide a safe and viable access into WF10. There are a number of public rights of way in close vicinity of WF10. Located on the northern fringe of the village; within the AONB (Policy EN1 applicable) and adjacent to former Moorhurst residential care home site to the east, WF10 is located outside the settlement boundary and poorly related to the main core of the village and given there are better sites which relate better to the village and its services WF10 is not considered as a potential housing allocation. (contrary to Policy RA1 and Policy OSS3)"

3.10 The suitability of the site was further reassessed at the time the DaSA 'Options and Preferred Options' was published in October 2016 and again, referred to as site WF10 in Figure 115 (Westfield Options Map). Paragraph 15.108 states "A number of sites have been considered (as seen on Figure 115 below) but there are topographical landscape constraints on outward expansion... The elevated far northern and north western parts of the village enjoy distant views across the High Weald AONB" but nevertheless, the Council has considered it appropriate to allocate 40 dwellings at Westfield on land at the former Moorhurst Care Home immediately adjacent to the omission site.

3.11 Appendix 3 of the 'Options and Preferred Options' document contains a further assessment as to why the Council has rejected the omission site as a preferred housing allocation. This states;

"Located on the elevated northern fringe of the village, the site is located outside the settlement boundary and poorly related to the main core of the village (contrary to Policies RA1, OSS3). Adjacent highways are narrow country lanes and of rural character. The area is within the Area of Outstanding Natural Beauty (Policy EN1 applicable) comprising formal enclosures currently in agricultural use (grade 3)".
3.12 In light of the Council's assessment, these representations submitted to have the land considered as an omission housing site include the Transport Appraisal contained in Appendix 2 and the Landscape and Visual Assessment (which includes an illustrative master plan) contained in Appendix 3.

iv) The Transport Appraisal

3.13 The Transport Appraisal considers the omission sites accessibility to local facilities (including bus stops), potential access arrangements and the likely impact upon the local highway network. There are a number of local amenities that are within reasonable walking and cycling distances and bus services are also available within reasonable walking distance from the site. As such, the site is not "poorly related to the main core of the village" and the travelling distances involved are much the same as for the Council's preferred land at the former Moorhurst Care Home site.

3.14 Suitable vehicle and pedestrian access can be obtained from Cottage Lane as shown on drawing no. 2017/3734/004 contained in the Transport Appraisal. This would be in the form of a simple priority junction at the south western end of the site and would include a new roadside footpath between the site entrance and the existing public right of way at the south western corner of the site. These access arrangements in the form shown, can be achieved within the site boundary and within public highway land. Drawing no. 2017/3734/004 also shows potential pedestrian linkages that could be formed to provide access onto the public footpath (PRO27) that connects with the A28 to the east.

3.15 Cottage Lane has a typical width of between 4.5m and 5m and is subject to a speed restriction of 30 mph. Cottage Lane already serves a number of established residential properties within this part of Westfield; and traffic surveys confirm that during a typical weekday, there are over 1,800 vehicle movements. The additional traffic generated by circa 80 houses on the site would generate some 506 two-way movements on a typical weekday and can be accommodated without giving rise to any unacceptable highway issues.

3.16 In addition, alternative options have also been considered to achieve a potential access from the A28 via a new roundabout junction as shown on drawing nos. 2017/3734/001 - 003. As well as serving the omission site, these alternatives could provide improved access for both the Westfield Down land (the subject of draft Policy WES1) and the land at the former Moorhurst Care Home (draft Policy WES2). All of these options would however, need to include 'third party' land and would therefore, need to be the subject of further investigation in this respect. If achievable, this would potentially improve highway safety by slowing traffic speeds along this part of the A28 and provide for remodelled and consolidated access
arrangements with adjoining sites to replace existing individual access points onto the A28.

v) Landscape Impact and the Illustrative Masterplan

3.17 The whole of the Westfield area is washed over by the High Weald Area of Outstanding Natural Beauty (HWAONB) designation. Indeed, this covers some 82% of Rother District, so the fact that the omission site is within the HWAONB was not in itself a reason to resist housing development, as the Council cannot meet the housing requirement set out within the Core Strategy without allocating housing land within the HWAONB.

3.18 The 'Landscape and Visual Appraisal Report' contained in Appendix 3 assesses the character and appearance of the site and considers how housing development (in the region of 80 dwellings) could be accommodated without giving rise to any unacceptable landscape impact (also having regard to the Council's previous assessments). Direct effects would include the removal of the out of character Christmas tree plantation and the adjacent unmanaged and semi-improved pasture as well as the modern farm buildings at the north western corner of the site and the bungalow at Ellenvale on Cottage Lane, but none of these landscape elements or land uses can be considered sensitive in landscape terms, or especially worthy of retention.

3.19 The option of achieving vehicular access from Cottage Lane and pedestrian linkages would result in limited and localised loss of vegetation and hedgerows along a small length of the site's western and southern boundaries, but other existing boundary planting can be retained and reinforced with new planting. The effect upon the site's topography would also be limited and localised and the overall effect of new housing upon the landscape and townscape character of this part of the village has been assessed as being likely to be negligible and, if carefully designed and laid out, the overall impact of housing on this part of the HWAONB would not be significant.

3.20 The Landscape Appraisal has informed the 'Preliminary Landscape Strategy' shown on drawing no. 1229/08b and this in turn has informed an 'Illustrative Masterplan' as shown on drawing no. J0020233 003. This demonstrates that a well-conceived, high quality development could deliver a mix of houses (including affordable units) incorporating useable areas of public open space and pedestrian linkages to achieve high levels of permeability. In addition to showing how the site might be developed so as to be in keeping with the character and pattern of existing housing development within this part of Westfield, the retention of boundary hedgerows and new planting, together with adequate building separation distances, would ensure that there would be no adverse impact upon the residential amenities of existing neighbouring properties.

4. Summary and Conclusions

4.1 These representations on behalf of BHH & Associates object to Rother District Council's proposed submission draft version of the Development and Site Allocations Local Plan (DaSA) in relation to the proposed housing provision at Westfield. The Rother area is primarily rural in character with few large settlements. Westfield is however, one of the larger villages and has a close relationship with the higher order settlement of Hastings, situated just three miles away and connected via good access from the A28.

4.2 The Core Strategy adopted in 2014, recognises that Westfield is a suitable and sustainable location for helping to accommodate some of the additional housing required in the District up to 2028. The adopted plan makes provision for some 115 additional dwellings to be located at Westfield and, having regard to completions and commitments, there remains a need to find suitable land for at least a further 50 dwellings according to the update now contained in the DaSA.

4.3 Of the land that the Council proposes to allocate, the land at Westfield Down (draft Policy WES1) is not new, as it was previously allocated to meet housing needs up to 2011 in the Rother District Local Plan adopted in 2006, and has only very recently been granted reserve matters consent for 39 dwellings towards the end of October 2018.

4.4 Although not previously allocated as a housing site and currently outside the adopted Development Boundary, the other main site is at the former Moorhurst Care Home (draft Policy WES2) but the proposed 40 retirement living / sheltered housing allocation will only replace the accommodation lost as a result of demolition of the former care home on the site. Moreover, although a reserved matters consent was granted for a 48 bedroom residential care unit in 2009, this was not implemented and has since expired. There can therefore, be no reasonable certainty that 40 units of sheltered housing can be delivered on this site by the end of the Plan period.

4.5 By contrast, the land promoted by BHH & Associates is suitable, available and able to deliver in the region of 80 dwellings during the Plan period, including the original 40% affordable housing. The Council is not unaware of this land but, based on a number of assessments, the Planning Authority does not consider the land to be suitable for housing use compared to its preferred alternatives.

4.6 It is BHH & Associate's case however, that the Council's assessment is flawed and superficial. Yes, the land is within the HWAONB but so is over 82% of the rest of the District and, in order to help meet the Council's future housing requirement up to 2028, there is no option other than to provide new housing in a way that will help maintain the vitality and viability of rural HWAONB settlements, especially at Westfield, which has a good range of local facilities and is only a relatively short distance away from Hastings with its wide range of shops, services and employment opportunities.

4.7 The land uses on the site are not of such significance as to override the benefit of providing additional housing and in particular, affordable housing, for which there remains a significant un-met need across the District. The land is not remote in relation to its proximity to more central parts of the village and in this respect, is comparable to the adjoining former Moorhurst Care Home site that is allocated for housing.

4.8 A suitable means of vehicular access can be achieved from Cottage Lane and there are potential options for obtaining alternative access from the A28 via a new roundabout subject to securing third party land. The detailed visual impact assessment has confirmed that well-conceived and carefully planned housing development can take place without giving rise to any unacceptable visual impact within this part of Westfield. Informed by the landscape assessment and a 'Preliminary Landscape Strategy', the Illustrative Masterplan demonstrates how around 80 dwellings can be satisfactorily accommodated on the site whilst creating attractive and useful areas of public open space and securing good levels of permeability.

4.9 With existing built development on three sides, the inclusion of this omission site for housing would result in the natural rounding of this part of Westfield with the Development Boundary suitability extended to follow logical physical features on the ground framed by Cottage Lane to the west and Mill Lane to the north.

4.10 Thus, for the housing policies in Westfield to be found positively prepared in meeting future housing needs and justified in terms of a proper assessment of reasonable alternatives as well as being effective in delivering additional housing needed during the Plan period and therefore being consistent with national policy, the omission site should be allocated for approximately 80 dwellings with the Development Boundary extended accordingly.

Document "Proposed Housing Allocation at land adjoining Mill Lane and Cottage Lane, Westfield, East Sussex" included:
www.rother.gov.uk/CHttpHandler.ashx?id=31005