Rother Local Plan 2020-2040 (Regulation 18)

Comment

Representation ID: 28262

Received: 23/07/2024

Respondent: Environment Agency

“Before a proposal to use non-mains foul drainage is considered in detail an applicant must demonstrate to Council’s satisfaction that it is not practicable to connect to the public sewer.”

We strongly recommend adding to the end of this sentence: “in accordance with Environment Agency guidance on discharge of surface water and groundwater.”

Comment

Representation ID: 28263

Received: 23/07/2024

Respondent: Environment Agency

We welcome this policy to promote water quality and water efficiency of any proposed developments.

We would recommend that comment be included to identify that any proposed SuDs features should not drain into land affected by contamination or Made Ground to further prevent the ingress of pollutants into the underlying soils and groundwater. In locations where Made Ground or land affected by contamination may be present (i.e. historic landfills), the Environment Agency should be consulted to ensure that no proposed drainage will cause pollution to controlled waters. This would also be advisable in proposed policy ENV7: Environmental Pollution to prevent the potential washing of contaminants into the underlying groundwater from Land affected by contamination.

We welcome the recommendation for three stages of treatment of surface water be required prior to discharge to the Pevensey Levels to mitigate the impact on water quality and quantity.

Comment

Representation ID: 28264

Received: 23/07/2024

Respondent: Environment Agency

Please see attached submission documents for full text on Proposed Policy ENV7: Environmental Pollution. Main points:

- This policy should be underpinned by the Water Framework Directive (WFD) and River Basin Management Plans (RBMP) for potential risks to controlled waters from proposed developments and policies should aim to identify how the plan is to help deliver WFD objectives.

- Recommend that further comment be provided towards the requirement to remediate existing contamination and mitigate pollution from proposed developments, including, where development is proposed at sites known or suspected to be affected by contamination, a Preliminary Risk Assessment (PRA) must be submitted at the earliest opportunity, and consideration must be given to receptors including controlled waters during any demolition, enabling and construction phases of development, including piling.

- Include source protection zones (SPZs) within this policy.

- Welcome the redevelopment of brownfield sites, subject to submission of preliminary risk assessments (PRAs)

Comment

Representation ID: 28265

Received: 23/07/2024

Respondent: Environment Agency

We have no comments to make on this section.

Comment

Representation ID: 28267

Received: 23/07/2024

Respondent: Environment Agency

We note that the Old Mears (ICK0005) and The Atlas Business Park (ICK0045) development sites are outlined within the Local Plan and HELAA, which are situated within Rye Harbour Road Industrial Estate. This is a location which is known to have historic contamination from numerous contaminants including acid tars and PAHs. Historic contamination is considered likely to remain beneath the Rye Harbour Road Industrial Estate and we would welcome further remediation in this area, however we would recommend that prior to any development on site, including demolition, further consultation be undertaken with the Environment Agency. We would consider this a relevant environmental constraint that should be included within the proposed HELAA.

Please see attached submission document.

Comment

Representation ID: 28268

Received: 23/07/2024

Respondent: Environment Agency

It is noted that Land adjacent to Rye Wastewater Treatment Works (ICK0021) has been rejected given risks to the adjacent wharf and whether the site is available or not. We would recommend that should the Atlas Business Park and Old Mears be approved for development that the Land adjacent to Rye Wastewater Treatment Works be included within this development (if available) to promote the remediation of any historic contamination at the site. As the contaminant risks are associated with Rye Harbour Road as a whole, it may be difficult to remediate site located in this area in isolation given the expected extent of existing contamination. We can include a list of sites that would be considered a priority in further discussions should this be requested.

Please see attached submission document.

Comment

Representation ID: 28269

Received: 23/07/2024

Respondent: Environment Agency

We would welcome the development of historic landfills where remediation is appropriate and feasible.

Comment

Representation ID: 28270

Received: 23/07/2024

Respondent: Environment Agency

Source Protection Zones should be considered when assessing for potential development sites to promote the remediation of sites that may have the potential to be contaminated or pose a risk to the environment from previous development. High risk developments should be promoted in areas where the risk posed to the environment is considered lower (i.e. outside of Source Protection Zones) or that suitable mitigation measures can be implemented to prevent pollution of the environment.

Comment

Representation ID: 28271

Received: 23/07/2024

Respondent: Environment Agency

Glossary - Page 445

We note the draft document still uses the old definition of FZ3b (1 in 20 / 5% AEP). Please can this be updated.