Rother Local Plan 2020-2040 (Regulation 18)

Southern Water is the statutory wastewater undertaker for the Rother district and the water supplier to parts of the district. Southern Water would support additional climate change objectives that take account of flood risk, enhancing the general policy direction in the draft Plan along the lines of:
• taking account of flood risk and coastal change through development design (as well as location);
• stronger integration of sustainable drainage solutions, to help minimise and control surface water run-off, provide flood storage capacity and improve habitats
• incorporating green infrastructure to help reduce climate change impacts such as flood risk and the overheating of urban environments

As paragraph 2.2 of the draft Plan states:
RDC has declared a climate emergency and this is the defining issues of our times. Local planning authorities have a legal duty to ensure that planning policy contributes to the mitigation of, and adaptation to, climate change.

Paragraph 3.2 goes on to describe this to mean that ‘local plans must set out the district’s baseline carbon dioxide emissions and the actions needed to reduce emissions over time’. However the impacts of climate change also include more extreme weather patterns with associated increases in flood risk from severe storms. Also, paragraph 167(c) of the National Planning Policy Framework (NPPF) (2023) requires:
167(c) using opportunities provided by new development and improvements in green and other infrastructure to reduce the causes and impacts of flooding, (making as much use as possible of natural flood management techniques as part of an integrated approach to flood risk management)

During heavy rain, local sewer networks’ drainage capability can be exceeded by the amount of rainwater entering pipes and storage tanks connected via roads, roofs and paved areas. When these fill up, storm overflows release excess water through outfalls into rivers and the sea to prevent flooding of homes and businesses. Storm overflows are part of the network’s original design and are regulated by the Environment Agency. Over time, the expansion of urban settlements as well as ‘urban creep’ (home extensions, conservatories and paving over front gardens for parking) have incrementally added to the amount of rainwater entering sewers, resulting in increased releases from storm overflows. As stated in Water UK’s 21st Century Drainage Programme;
“The country’s built environment is constantly changing and “urban creep” – home extensions, conservatories and paving over front gardens for parking – can all add to the amount of water going into our sewers and drains. Green spaces that would absorb rainwater are covered over by concrete and tarmac that will not. In fact, studies show that “urban creep” results in a larger increase in predicted flooding than new housing, because it adds more rainwater to these systems’.

As paragraph 5.1 of the Local Plan references, the National Planning Policy Framework requires all local plans to promote a sustainable pattern of development that seeks to; improve the environment, mitigate against climate change and adapt to its effects. Please see our policy statement on Sustainable Development here:
https://www.southernwater.co.uk/media/ny0nb3qu/our-policy-statement-on-sustainable-development-a4.pdf

As acknowledged in the plan, more resilient and efficient homes are essential – conserving both energy and water. However, with the impacts of climate change we are already seeing, we need better design to help control the rate and volume of surface water run-off, and as noted in the local plan, SuDS can improve existing flood risk as well as water quality.

Southern Water is working across our region to remove surface water from our networks in key areas. Even as we deliver this work, development continues to increase surface water run-off. For more information on our work, and the root causes of releases from storm overflows, please see –
https://www.southernwater.co.uk/our-region/clean-rivers-and-seas-task-force/pathfinders/
https://www.southernwater.co.uk/our-performance/storm-overflows/storm-overflow-task-force

Southern Water is the water supplier to parts of the Rother district and the wastewater service provider across the district. We strongly support water efficiency in the design of new homes, but request changes to this policy to enable implementation of the expected tightening of Building Regulations standards applying to water stressed areas. Please see our response to Question 14 for more on our requested changes.

Southern Water is the water supplier to parts of the Rother district and the wastewater service provider across the district. We strongly support water efficiency in the design of new homes, but request changes to this policy to enable implementation of the expected tightening of Building Regulations standards applying to water stressed areas. We explain our reasons further below, also providing evidence to support our request.

Requested changes:
All new dwellings must be designed to achieve the Optional Technical Housing Standard for water efficiency described in Building Regulation G2. Design must also consider potential for future tightening of this standard by targeting use at no more than 100 litres per person per day.

The extent to which a proposal can demonstrate design that will remain water efficient into the future…

Further explanation and justification:
We support the inclusion of the Building Regulations optional standard for water efficiency in this policy. However, although this is currently appropriate to the ‘serious water stress’1 status of the South East, the Government plans to tighten2 this Building Regulations standard. High standards of water efficiency in new developments also equate to greater long-term sustainability, future-proofing our communities to the impacts of climate change. We would therefore ideally like to see tighter water efficiency targets in the design of new homes. This is in line with Southern Water’s ‘Save a Little Water’ programme to consume no more than 100 litres per person per day across our region.
1 Water_stressed_areas___final_classification_2021.odt (live.com)
2 https://database.waterwise.org.uk/knowledge-base/building-regulations-water-efficiency-review/
https://www.gov.uk/government/news/ambitious-roadmap-for-a-cleaner-greener-country

The South East region incorporates many environmentally sensitive areas and is classified as an area of ‘serious water stress’. Significant challenges and environmental improvements need to be addressed, while at the same time enabling some of the highest rates of growth in the country. This together with the increasing impacts of climate change expected over time mean we need to significantly reduce our water use. Tackling water scarcity requires a multi-faceted approach and there is an opportunity for the planning system to play a part by ensuring policy requires new development meet the highest standards of water efficiency possible at the time.

Southern Water supports all policy requirements which seek to ensure that surface water is appropriately managed, as close to source as possible. As acknowledged in the plan, community resilience to the impacts of climate change is essential. We therefore request wording is added to strengthen the effectiveness of this LWL2 planning policy, as explained further below:

Requested changes:
A(ii) …This should form part of a wider connected accessible and innovative multi-functional green infrastructure network which includes, sustainable drainage, urban cooling, food growing opportunities
A(iii) Provide, or contribute to, multi-functional play, sports, food growing and sustainable drainage opportunities and other…

Further explanation and justification:
Southern Water supports all policy requirements which seek to ensure that surface water is appropriately managed, as close to source as possible. We need planning policy to consider carefully the measures called for in response to the climate crisis, and ensure sustainable development is central to the local planning framework for planning applications coming forward. This is also in line with the requirements of paragraph 167(c) of the NPPF (2023). Measures should support the attenuation of flows of surface water run-off from rainfall, as well as surface water infiltration into the ground wherever possible in the local environment.

Southern Water is working across our region to remove surface water from our networks in key areas. Even as we deliver this work, development continues to increase surface water run-off. To be resilient to the evolving impacts of climate change we must plan to ensure that rainwater is separated from wastewater in the design and construction of our communities. For more information on our work, and the root causes of releases from storm overflows, please see –
https://www.southernwater.co.uk/our-region/clean-rivers-and-seas-task-force/pathfinders/
https://www.southernwater.co.uk/our-performance/storm-overflows/storm-overflow-task-force

During heavy rain, local sewer networks’ drainage capability can be exceeded by the amount of rainwater entering pipes and storage tanks connected via roads, roofs and paved areas. When these fill up, storm overflows release excess water through outfalls into rivers and the sea to prevent flooding of homes and businesses. Storm overflows are part of the network’s original design and are regulated by the Environment Agency. Over time, the expansion of urban settlements as well as ‘urban creep’ (home extensions, conservatories and paving over front gardens for parking) have incrementally added to the amount of rainwater entering sewers, resulting in increased releases from storm overflows. As stated in Water UK’s 21st Century Drainage Programme;
“The country’s built environment is constantly changing and “urban creep” – home extensions, conservatories and paving over front gardens for parking – can all add to the amount of water going into our sewers and drains. Green spaces that would absorb rainwater are covered over by concrete and tarmac that will not. In fact, studies show that “urban creep” results in a larger increase in predicted flooding than new housing, because it adds more rainwater to these systems’.
Stronger integration of sustainable drainage solutions within policy should ensure SuDS are incorporated into new development and public places, whilst also securing truly sustainable development. Please see our policy statement on Sustainable Development here:
https://www.southernwater.co.uk/media/ny0nb3qu/our-policy-statement-on-sustainable-development-a4.pdf

As acknowledged in the plan, community resilience to the impacts of climate change is essential. We also note that the ENV2 policy on sustainable drainage is proposed as a non-strategic policy, but that this LWL5 strategic policy includes the ‘stewardship’ arrangements that can often apply to sustainable drainage systems. Southern Water strongly supports the inclusion of sustainable design principles within planning policy. For the reasons explained further below, we would therefore like to see this policy go further and include sustainable urban drainage features in the design requirements for all development. We therefore request wording is added to strengthen the effectiveness of this LWL5 planning policy, as explained further below:

Requested changes:
(iv) Existing Assets. Use existing assets as anchor features, such as natural drainage routes and mature trees, and …
(vi) Futureproofing and Safeguarding. Ensure that land is reused/used efficiently, effectively and ensuring resilience to future impacts of climate change, and… For planning permission to be granted, applicants must demonstrate that sustainable drainage is an integral part of the proposed development and its design.

Further explanation and justification:
Southern Water supports all policy requirements which seek to ensure that surface water is appropriately managed, as close to source as possible. We need planning policy to consider carefully the measures called for in response to the climate crisis, and ensure sustainable development is central to the local planning framework for planning applications coming forward. This is also in line with the requirements of paragraph 167(c) of the NPPF (2023). Measures should support the attenuation of flows of surface water run-off from rainfall, as well as surface water infiltration into the ground wherever possible in the local environment. Please see our policy statement on Sustainable Development here:
https://www.southernwater.co.uk/media/ny0nb3qu/our-policy-statement-on-sustainable-development-a4.pdf

Southern Water is working across our region to remove surface water from our networks in key areas. Even as we deliver this work, development continues to increase surface water run-off. To be resilient to the evolving impacts of climate change we must plan to ensure that rainwater is separated from wastewater in the design and construction of our communities. For more information on our work, and the root causes of releases from storm overflows, please see –
https://www.southernwater.co.uk/our-region/clean-rivers-and-seas-task-force/pathfinders/
https://www.southernwater.co.uk/our-performance/storm-overflows/storm-overflow-task-force

Over time, the expansion of urban settlements as well as ‘urban creep’ (home extensions, conservatories and paving over front gardens for parking) have incrementally added to the amount of rainwater entering pipes and storage tanks connected via roads, roofs and paved areas. As stated in Water UK’s 21st Century Drainage Programme;
“The country’s built environment is constantly changing and “urban creep” – home extensions, conservatories and paving over front gardens for parking – can all add to the amount of water going into our sewers and drains. Green spaces that would absorb rainwater are covered over by concrete and tarmac that will not. In fact, studies show that “urban creep” results in a larger increase in predicted flooding than new housing, because it adds more rainwater to these systems’.
Stronger integration of sustainable drainage solutions within policy should ensure SuDS are incorporated into new development and public places, whilst also securing truly sustainable development.

Southern Water strongly supports the inclusion of sustainable design principles within planning policy. For the reasons explained further below, we ask for additional planning policy wording to protect natural flow routes and site drainage features.

Requested changes:
• A(i) Landscape Strategy. … All layout or landscape units..and information about surface water flows. Existing flow routes and drainage features within the site should be identified and preserved wherever these contribute to sustainable drainage eg ditches, seasonally dry watercourses, historic ponds…

Further explanation and justification:
Southern Water supports all policy requirements which seek to ensure that surface water is appropriately managed, as close to source as possible. We need planning policy to consider carefully the measures called for in response to the climate crisis, and ensure sustainable development is central to the local planning framework for planning applications coming forward. This is also in line with the requirements of paragraph 167(c) of the NPPF (2023). Measures should support the attenuation of flows of surface water run-off from rainfall, as well as surface water infiltration into the ground wherever possible in the local environment. Please see our policy statement on Sustainable Development here:
https://www.southernwater.co.uk/media/ny0nb3qu/our-policy-statement-on-sustainable-development-a4.pdf

Southern Water is working across our region to remove surface water from our networks in key areas. Even as we deliver this work, development continues to increase surface water run-off. To be resilient to the evolving impacts of climate change we must plan to ensure that rainwater is separated from wastewater in the design and construction of our communities. For more information on our work, and the root causes of releases from storm overflows, please see –
https://www.southernwater.co.uk/our-region/clean-rivers-and-seas-task-force/pathfinders/
https://www.southernwater.co.uk/our-performance/storm-overflows/storm-overflow-task-force

During heavy rain, local sewer networks’ drainage capability can be exceeded by the amount of rainwater entering pipes and storage tanks connected via roads, roofs and paved areas. When these fill up, storm overflows release excess water through outfalls into rivers and the sea to prevent flooding of homes and businesses. Storm overflows are part of the network’s original design and are regulated by the Environment Agency. Over time, the expansion of urban settlements as well as ‘urban creep’ (home extensions, conservatories and paving over front gardens for parking) have incrementally added to the amount of rainwater entering sewers, resulting in increased releases from storm overflows. As stated in Water UK’s 21st Century Drainage Programme;
“The country’s built environment is constantly changing and “urban creep” – home extensions, conservatories and paving over front gardens for parking – can all add to the amount of water going into our sewers and drains. Green spaces that would absorb rainwater are covered over by concrete and tarmac that will not. In fact, studies show that “urban creep” results in a larger increase in predicted flooding than new housing, because it adds more rainwater to these systems’.
In terms of future flood risk, better rainwater management through SuDS is the preferred approach to avoid placing added pressure on drainage networks during heavy rainfall. Retrofitting sustainable drainage solutions can be challenging. By showing the way with new development we can reduce the implementation costs of these measures whilst securing truly sustainable development.

Southern Water is the statutory wastewater undertaker for the Rother district and supplies water to parts of the district. Southern Water supports the following wording of this DEV2 policy:

In applying this policy, regard will be had to all relevant policies in this Local Plan to ensure appropriate provision, across the entire development site, of land uses, affordable housing, sustainable transport and access, green infrastructure (including biodiversity net gain and sustainable drainage) and other infrastructure (secured directly or through funding contributions).

By ensuring sustainable drainage needs are met should a site be sub-divided at approval stage, this policy aligns with Southern Water’s work to address problems caused by excess surface water in our sewerage network in order to protect water quality in rivers and sea. Southern Water is working across our region to remove surface water from our networks in key areas, but even as we deliver this work, development continues to increase surface water run-off in those areas. For more information on our work, and the root causes of releases from storm overflows, please see –
https://www.southernwater.co.uk/our-region/clean-rivers-and-seas-task-force/pathfinders/
https://www.southernwater.co.uk/our-performance/storm-overflows/storm-overflow-task-force

In order to be resilient to the evolving impacts of climate change into the future, we need planning policy to help ensure that rainwater is separated from wastewater in the design and layout of our communities. Effective master planning can help to ensure sites deliver all required infrastructure, including the sustainable drainage solutions and green infrastructure our communities will need into the future. Please see our policy statement on Sustainable Development here:
https://www.southernwater.co.uk/media/ny0nb3qu/our-policy-statement-on-sustainable-development-a4.pdf

Southern Water fully understands the desire to protect the countryside and prevent settlement coalescence. However, we are concerned that the current wording of this policy DEV6 could create a barrier to statutory utility providers, such as Southern Water, from delivering essential infrastructure required to serve existing and future development allocated in the Local Plan. We therefore propose additional wording for this DEV6 policy, and explain our reasoning further below:

Requested changes:
Within Green Gaps development will be carefully controlled. Except where very special circumstances exist, such as for essential utilities infrastructure, where there are no reasonable alternative sites available, developments will only be permitted where...

Further explanation and justification:
The National Planning Policy Framework (NPPF) (2023) sets out the intention to protect the countryside and prevent settlement coalescence through its Green Belt policies, for which it establishes:
• The intention in paragraph 152 of ruling out inappropriate development ‘except in very special circumstances’.
• In paragraph 153 that special circumstances exist if the potential harm of a development proposal is clearly outweighed by other considerations.
• In paragraph 155 that 'certain other forms of development are also not inappropriate' including 'engineering operations'.
• Also in paragraph 107 of the NPPF (2023) that Local Green Space policies should be consistent with those for Green Belts.

Southern Water considers that should the need arise, special circumstances exist in relation to the provision of essential water or wastewater infrastructure (e.g a new pumping station) required to serve new and existing customers. This is because there can be limited options available with regard to location, as the infrastructure would need to connect into existing networks.

As acknowledged in the plan, community resilience to the impacts of climate change is essential. We note that this HWB5 policy does not mention the innovative green infrastructure design solutions that offer sustainable drainage and urban cooling benefits. For the reasons explained further below, we therefore request wording is added to this HWB5 policy to incorporate best practice thinking on the multi-functional benefits green and blue infrastructure can offer.

Requested changes:
ii) Permitting proposals for the improvement of existing, or provision of new, green and blue infrastructure, where measures are incorporated to adapt to and mitigate against the effects of climate change that will complement the provision of sustainable drainage, the management of flood risk and urban cooling

Further explanation and justification:
Southern Water supports all policy requirements which seek to ensure that surface water is appropriately managed, as close to source as possible. We need planning policy to consider carefully the measures called for in response to the climate crisis, and ensure sustainable development is central to the local planning framework for planning applications coming forward. This is also in line with the requirements of paragraph 167(c) of the NPPF (2023). Measures should support the attenuation of flows of surface water run-off from rainfall, as well as surface water infiltration into the ground wherever possible in the local environment. However, we note that the ENV2 policy on sustainable drainage is proposed as a non-strategic policy, whereas we would strongly support the inclusion of strategic policy on sustainable drainage solutions.

Southern Water is working across our region to remove surface water from our networks in key areas. Even as we deliver this work, development continues to increase surface water run-off. We must therefore plan to ensure that rainwater is separated from wastewater in the design and construction of our communities, to ensure community resilience to the evolving impacts of climate change. For more information on our work, and the root causes of releases from storm overflows, please see –
https://www.southernwater.co.uk/our-region/clean-rivers-and-seas-task-force/pathfinders/
https://www.southernwater.co.uk/our-performance/storm-overflows/storm-overflow-task-force

During heavy rain, local sewer networks’ drainage capability can be exceeded by the amount of rainwater entering pipes and storage tanks connected via roads, roofs and paved areas. When these fill up, storm overflows release excess water through outfalls into rivers and the sea to prevent flooding of homes and businesses. Storm overflows are part of the network’s original design and are regulated by the Environment Agency. Over time, the expansion of urban settlements as well as ‘urban creep’ (home extensions, conservatories and paving over front gardens for parking) have incrementally added to the amount of rainwater entering sewers, resulting in increased releases from storm overflows. As stated in Water UK’s 21st Century Drainage Programme;
“The country’s built environment is constantly changing and “urban creep” – home extensions, conservatories and paving over front gardens for parking – can all add to the amount of water going into our sewers and drains. Green spaces that would absorb rainwater are covered over by concrete and tarmac that will not. In fact, studies show that “urban creep” results in a larger increase in predicted flooding than new housing, because it adds more rainwater to these systems’.

In terms of future flood risk, better rainwater management through SuDS is the preferred approach to avoid placing added pressure on drainage networks during heavy rainfall. Please see our policy statement on Sustainable Development here:
https://www.southernwater.co.uk/media/ny0nb3qu/our-policy-statement-on-sustainable-development-a4.pdf

Southern Water understands the desire to protect habitats and sites of local importance. However, we are concerned that the current wording of this policy may create a barrier to statutory utility providers, such as Southern Water, from delivering essential infrastructure required to serve existing and planned development. We therefore request the following wording change to HWB7, explaining our reasoning further below.

Requested changes:
(i) Are small in scale and supported by the CVCP Community Interest Company and its strategy for the Park, other than in exceptional circumstances, for example where a proposal relates to necessary utilities infrastructure and where no reasonable alternative location is available.”

Further explanation and justification:
The National Planning Policy Framework (NPPF) (2023) sets out the intention to protect the countryside, for which it establishes:

• The intention in paragraph 152 of ruling out inappropriate development ‘except in very special circumstances’.
• In paragraph 153 that special circumstances exist if the potential harm of a development proposal is clearly outweighed by other considerations.
• In paragraph 155 that 'certain other forms of development are also not inappropriate' including 'engineering operations'.

Southern Water considers that should the need arise, special circumstances exist in relation to the provision of essential wastewater infrastructure required to serve new and existing customers. This is because there can be limited options available with regard to location, as the infrastructure would need to connect into existing networks. The National Planning Practice Guidance (ref: 34-002-20140306) recognises this scenario and states that ‘it will be important to recognise that water and wastewater infrastructure sometimes has particular locational needs (and often consists of engineering works rather than new buildings) which mean otherwise protected areas may exceptionally have to be considered'.

Planning policies should therefore support proposals that come forward to deliver necessary water supply and wastewater infrastructure.