Rother Local Plan 2020-2040 (Regulation 18)

The National Trust supports proposed Policy GTC8: Biodiversity Net Gain, including the requirement for all qualifying development proposals to deliver at least a 20% measurable biodiversity net gain attributable to development. This higher level is greater than the statutory requirement set out in the Environment Act 2021 of 10% gain and clearly links to the local ambition to be ‘Green to the Core’ in considering the biodiversity crisis, and the UK’s nature recovery in all planning decisions.
The Trust also supports policy wording ‘Proposals for biodiversity net gain will also need to be in accordance with Policies GTC7: Local Nature Recovery Strategies; ENV5: Habitats and Species and HWB5: Green and Blue Infrastructure’ as this sets out what strategies the council requires developers to take into account in delivering the BNG requirement, particularly if there is a need to deliver BNG offsite, and how ‘strategic significance’ is determined locally.

The draft Housing and Economic Land Availability Assessment (HELAA) Part 2: Site Assessment, identifies ‘Land east of Waites Lane, Fairlight Cove’ (FA10001) as having potential for up to 35 homes. The National Trust owns significant agricultural land holdings at Fairlight and Old Marsham Farm, between Fairlight village and Cliff End. This includes Marsham reed bed (3.34ha) located approximately 1.35km north-east of potential residential site FA10001. Marsham reed bed forms part of the Dungeness, Romney Marsh and Rye Bay SSSI and is identified as unit 149 Old Marsham Farm by Natural England, with a lowland, fen, marsh and swamp habitat.

The National Trust has been sampling watercourse quality over the last five years (2019-2023) and has evidence that shows a deterioration in water quality flowing into Marsham reed bed from upstream over this time, having an adverse effect and deterioration of habitat within the Ramsar site.

Fairlight’s current sewer network acts as a combined sewer, taking both surface water and foul water. The village has current and historic flooding events, particularly in times of heavy rainfall, with significant excess water entering the system causing flooding. The frequency of storm overflow discharges into the ordinary watercourse is potentially increasing with more storm events due to climate change. The significance of the problem has been identified by Southern Water who have made Fairlight one of their Pathfinder projects with the aim of trying to understand and manage the flows within the Fairlight catchment, but this will take time.

The Trust are concerned that new development on land east of Waites Lane, Fairlight Cove will add additional burdens to the existing foul and drainage infrastructure servicing Fairlight village which is currently inadequate. The key watercourse for the potential development site is a drainage ditch which flows along the southern boundary from west to east, into National Trust land at Old Marsham Farm, crossing in a northerly direction to the Fairlight Wastewater Treatment Works (FWTWs). The FWTWs sits within and is surrounded by National Trust land. The stream then flows north and drains into the Royal Military Canal, then via the River Brede to the sea at Rye. National Trust sampling using biotic index analysis shows that from the source of the Fairlight stream to the entry of the Ramsar, which is approximately 3.5km you would normally see stream water being re-oxygenated, but this does not happen, with a much lower score at the end of the stream than at the source.

The Trust therefore supports Policy ENV1, criterion iv) which will require all development within the catchment area for the Dungeness, Romney Marsh and Rye Bay SPA/Ramsar to demonstrate:
(a) ‘agreement by the wastewater provider that modelling demonstrates that there is sufficient capacity within the relevant waste water treatment works for the development to be accommodated without a negative effect on the receiving environment; or
(b) that the development can be delivered without a negative water quality effect on the Habitat Sites, and the means by which any necessary protection measures will be secured for the lifetime of the development’.

Although we support this policy, policy wording could be strengthened further by requiring development to demonstrate both criterion, rather than (a) or (b) to ensure habitat sites are protected. Policy wording for criterion (a) could also be strengthened by consideration of water volumes during storm events, for example ‘that there is sufficient capacity within the relevant waste water treatment works, including during storm events for the development to be accommodated without negative effect on the receiving environment’.

As stated at paragraph 5.7 of the draft Local Plan, development will only be acceptable where it does not have an adverse impact on the natural environment. It is therefore imperative that the development strategy takes a sequential approach to identify suitable land for development that is at lower risk of flooding from all sources. If all site location options have been exhausted and potential site FA10001 Land east of Waites Lane, Fairlight Cove does come forward, development should be used to reduce flooding within the Fairlight catchment. The Trust therefore strongly supports proposed Policy ENV2 which will require sustainable drainage to be an integral part of the proposed development and its design. For this location, we particularly endorse criterion (ii) which will require peak run-off rates to be lower than the greenfield rate in terms of volume and flow, and also criterion (vii) which will require new development to utilise opportunities to reduce the causes and impacts of all sources of flooding, ensuring flood risks are not increased elsewhere.

The Trust consider it critical that adequate wastewater treatment infrastructure is in place to serve any potential development prior to any development commencing. For site FA10001 which has the potential to impact a highly sensitive environmental site the Council should consider requiring development to pass through an additional treatment stage, as proposed for other sensitive locations, such as Pevensey Levels.

It will also be importance that appropriate pollution control measures are in place both during construction and in operation, to ensure there are no adverse impacts on the quality of receiving waters and that appropriate operation and maintenance arrangements are in place for the SuDS components for the lifetime of the development. We therefore welcome and support proposed Policy ENV2 criterion (i) which will ensure the ongoing maintenance of SuDS.

The National Trust owns significant agricultural land holdings at Fairlight and Old Marsham Farm, between Fairlight village and Cliff End. This includes land within the proposed Fairlight Cove Coastal Change Management Area at Fairlight Cliffs, also part of the 163-mile Saxon Shore Way footpath. This area has a fascinating geology, and mix of diverse habitats including stunted oak woodland, grassland and thorny scrub, the clifftop offering a sanctuary for several important species. The cliffs are eroding and occasionally the Trust has to move the fence lines inland to allow walkers to continue to enjoy walks along the clifftop with views out over the English Channel and surrounding landscape. The area is looked after by a team of rangers and volunteers.

The Trust supports proposed Policy ENV4: Fairlight Cove Coastal Change Management Area which will restrict new residential development including change of use and soakaway drains within the management area, as well as the requirement for a coastal change vulnerability assessment for all other forms of development. It is important to plan for the long-term, to work with nature and not against nature, and the proper consideration of coastal change and sea level rise as well as environmental, cultural and landscape considerations. We therefore particularly support criterion (v) which requires development to not hinder the creation and maintenance of the King Charles III English Coast Path, or any other public rights of way adjacent to or that benefit from views or access to the coast.

The National Trust are the owners and custodian of two significant heritage tourism destinations within the Rother District, the Bateman’s and Bodiam Castle Portfolio have a combined visitor projection of 277k for the 24/25 seasons significantly contributing to the local economy. We are working hard to protect and enhance these special places, at Bateman’s working on climate action through flood mitigation to safeguard buildings, while at Bodiam Castle transforming the visitor experiences to make it more accessible and engaging. The Trust therefore supports the introduction of proposed Policy ECO5: Tourism Activities, Facilities and Accommodation, particularly criterion i) which encourages the enhancement of existing attractions. We feel this policy could be strengthened by the addition of wording that supports increased accessibility to the District’s tourist facilities, particularly through sustainable modes of travel.

With regard to visitor accommodation, it is important that proposals reinforce local distinctiveness and relate well to the surrounding landscape character as many maybe located in rural areas and to avoid harm to the wider environment, this policy could therefore be strengthened with additional wordings as used for proposed Policy ECO6 criterion (i) which states: ‘Safeguard intrinsic and distinctive landscape character and amenities, paying particular regard to the conservation of the High Weald National Landscape and undeveloped coastline, and be supported by landscaping proposals appropriate to the local landscape character’.

Whilst the National Trust supports the general principles outlined within proposed Policy HER1: Heritage Management, this policy should be strengthened to ensure the appropriate consideration to the setting of heritage assets. In line with paragraph 200 of the NPPF, planning decisions need to be based on a proportionate assessment of the significance of an affected heritage asset, including how the relevant settings contribute to that significance, or allow the significance to be appreciated. Suggest policy word change to ‘Development affecting the historic built environment, including designated and non-designated assets including their setting, must…’

Recommend Proposed Policy ENV5: Habitats and Species policy status is changed to a ‘Strategic’ policy due to strategic and national importance of these issues.