Rother Local Plan 2020-2040 (Regulation 18)

Southern Water supports the intention to ensure and protect land stability. However, we are concerned that the current wording of policy ENV3 may create a barrier to developers from delivering essential sustainable drainage infrastructure required to serve planned development without increasing flood risk. We therefore request the following wording changes to ENV3 to ensure its effective application and implementation, explaining our reasoning further below.

Requested changes:
The use of infiltration to manage surface water will not be allowed in these areas (of unstable/potentially unstable land) unless a qualified geotechnical engineer has assessed the risk.”

Further explanation and justification:
Preventing surface water from entering the foul and combined systems during heavy rainfall is the most sustainable and cost-effective way to reduce storm overflows. Whilst we understand the intention of this policy, we raise concerns that with the current wording, this planning policy might be interpreted to apply to all infiltration SuDS in all locations. Also that viability will be particularly important to ensuring SuDS delivery, particularly for affordable homes and single-dwelling development.

Given the amount of work water companies are undertaking to reduce CSO spills and the level of investment necessary to remove surface water from the network, we need to ensure the fullest range of SuDS options remain viable to developments, in appropriate locations, to:
• Secure the resilience of our communities into the future by enhancing surface water management in the most sustainable way whilst protecting the natural water cycle.
• Minimise future connections of surface water to foul/combined sewers.
• Ensure policy is enforceable and mitigate the risk of rogue behaviours – by requiring appropriate levels geotechnical assessment only where the conditions warrant it.

Building Regulations H3 provides a drainage hierarchy whereby surface water should first discharge to a soakaway or other infiltration system where practicable, with discharge to the combined sewerage system a last resort. Development will not be allowed to drain surface water to the foul sewer, and Southern Water will resist new connections of surface water to the combined sewer, this is in line with our surface water management policy here:
https://www.southernwater.co.uk/media/l23dbon0/surface-water-management-policy-120724.pdf

Southern Water understands the desire to protect habitats and species. However, we are concerned that the current wording of the above policy may also create a barrier to statutory utility providers, such as Southern Water, from delivering essential infrastructure required to serve existing and planned development. At times, these factors might also make this policy difficult for decision makers to implement.

We request the following points of (vi) and (vii) be clarified, explaining our reasoning further below.
• Could ‘exceptional circumstances’ wording be appropriately incorporated within this policy? When laying cross country pipelines it can be necessary for utility providers to skirt areas of ancient woodland. Many existing utility sites can also be surrounded by ancient woodland.
• An impact assessment would typically show what the likely impact is, and what mitigations might exist for the identified impacts. These findings could then be used as one factor to judge the application (rather than as a check that the pre-determined buffer zone is sufficient).
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.

As the wastewater undertaker for Rother, Southern Water owns and operates wastewater treatment works established within the district. We request additional planning policy wording to cover possible odour impacts of existing businesses and facilities as accounted for in the NPPF. We explain our reasoning further below.
Requested changes:
Regarding specific forms of pollution:
(i) in relation to both noise and odour, consideration will also be given to the character of the location and established land uses. Also, in the case of new noise or odour sensitive development, the agent of change principle applies to the new development and appropriate design and mitigation must be provided in the new development to ensure the ongoing viability of existing surrounding uses is not compromised. Development which is sensitive to noise or odour must ensure an acceptable standard of environmental quality is maintained for future residents.
Developments in close proximity to existing uses which produce odour will provide an odour assessment in consultation with Southern Water to determine if any mitigating measures are required. If any measures are identified, the applicant must demonstrate how these have been included within the scheme.

Further explanation and justification:
Southern Water agrees with the policy from the perspective of noise. Our concern is that by restricting its scope to noise, policy ENV7 precludes any other existing environmental conditions that may have an impact on any ‘sensitive’ future development built adjacent or near to a WTW, such as housing, which could have an unacceptable impact on the amenity of the site’s future occupants arising from the WTW’s essential operational activities. Such impacts may include odour as well as noise and vibration.

Paragraph 193 of the NPPF (2023) seeks to ensure that ‘existing businesses and facilities should not have unreasonable restrictions placed on them as a result of development permitted after they were established,’ while paragraph 191 states that development should be appropriate for its location, and that living conditions of future occupants needs to be taken into account.

As the wastewater undertaker for Rother, Southern Water owns and operates wastewater treatment works established within the district. We request additional planning policy wording to cover possible odour impacts of existing businesses and facilities as accounted for in the NPPF. We explain our reasoning further below.
Requested changes:
Regarding specific forms of pollution:
(i) in relation to both noise and odour, consideration will also be given to the character of the location and established land uses. Also, in the case of new noise or odour sensitive development, the agent of change principle applies to the new development and appropriate design and mitigation must be provided in the new development to ensure the ongoing viability of existing surrounding uses is not compromised. Development which is sensitive to noise or odour must ensure an acceptable standard of environmental quality is maintained for future residents.
Developments in close proximity to existing uses which produce odour will provide an odour assessment in consultation with Southern Water to determine if any mitigating measures are required. If any measures are identified, the applicant must demonstrate how these have been included within the scheme.

Further explanation and justification:
Southern Water agrees with the policy from the perspective of noise. Our concern is that by restricting its scope to noise, policy ENV7 precludes any other existing environmental conditions that may have an impact on any ‘sensitive’ future development built adjacent or near to a WTW, such as housing, which could have an unacceptable impact on the amenity of the site’s future occupants arising from the WTW’s essential operational activities. Such impacts may include odour as well as noise and vibration.

Paragraph 193 of the NPPF (2023) seeks to ensure that ‘existing businesses and facilities should not have unreasonable restrictions placed on them as a result of development permitted after they were established,’ while paragraph 191 states that development should be appropriate for its location, and that living conditions of future occupants needs to be taken into account.