Rother Local Plan 2020-2040 (Regulation 18)

Comment

Representation ID: 26827

Received: 31/07/2024

Respondent: Northern Parishes Group

70) This provision has been much misused in the past. Developers, who have no intention of offering affordable housing, obtain planning permission for homes with the promise of affordable housing and then produce a viability report saying that affordable homes are no longer possible. The policy should contain a statement that where affordable housing is offered the applicant must provide a viability statement with his or her application. If there is no such viability statement the application will rejected as an application without the required information.
71) The first full paragraph of the policy box is hard to understand. The group wonders whether the X is to be filled in later or is one that is left open because it varies from site to site. Either way the group considers that 40% is the appropriate figure which can be reduced when viability is challenged.
72) Looking at all the pages on affordable homes the group think this is a good example where what needs to be said should be said and everything else excluded. This would make this section (pages 229-248) 1/3 or ¼ of the size that it is now.

Comment

Representation ID: 26828

Received: 31/07/2024

Respondent: Northern Parishes Group

73) The group considers exception sites to be very important and much under used.

Comment

Representation ID: 26829

Received: 31/07/2024

Respondent: Northern Parishes Group

74) The group invites two changes to this important policy, which has been misused recently. The phrase, ‘playing particular regard to the High Weald National Landscape’ fails to give sufficient protection to it. The group suggests there should be a requirement as follows. ‘New development will only be granted where there is no significant harm to the High Weald National Landscape.’ Further it should be made clear that gypsy sites must be for those with travelling vehicles and not just for housing.
75) The group also suggests there should be a new sub paragraph, stating:
‘vii) Light pollution is kept to the minimum.’

Comment

Representation ID: 26830

Received: 31/07/2024

Respondent: Northern Parishes Group

76) With respect, this policy needs some verbal tidying up. It needs to be a prohibitive policy and not a permissive policy. This policy is in significant conflict with the NPPF 2023 para 84 policy. May the group suggest the following?
1 ‘Applications for new dwellings in the countryside will be refused unless one of the following applies.
a) One of the exceptions listed in the NPPF 2023 para 84 policy applies (the essential need of rural workers, appropriate use of heritage assets, redundant farm buildings, the subdivision of an existing residential unit and designs of exceptional quality).
b) The dwelling is a rural exception site as determined by Policy HOU5.
c) The housing is for old people in line with Policy HOU9.
d) The housing is for a single or a pair of dwellings within a settlement outside the development boundary. Sustainability, landscape character, impact on the neighbouring properties and the scenic beauty of the area will be critical in determining its suitability.
2 A settlement in this policy is a distinct group of houses within the landscape.
3 Normally, where permission is granted there will be a condition that the unit must be for primary residency.’
77) The authors will note the following changes in the policy.
a) The word ‘including’ has been removed. This is because there have been attempts for applicants to write in exceptions because it is claimed the list is not closed. This is not good policy. There is however need for some flexibility in the policy and Tesco Stores Ltd. v Dundee City Council [2012] UKSC 13 paras 19-22 provides the necessary flexibility.
b) The provision about holiday lets has been removed. This is because the policy causes real injustice in the countryside. With the cost of housing in rural areas higher than in urban areas, the need for affordable accommodation is acute. There have been many instances where young people would like to be able to rent a holiday let but are prohibited from doing so because the accommodation is hoped to be long term. Rother District Council should not have policies which prevent the homeless being housed.

Comment

Representation ID: 26831

Received: 31/07/2024

Respondent: Northern Parishes Group

78) This policy lacks flexibility. If this policy had been in force in the past, not one of our important and historic gardens and parks could have been created. That is not a good policy. To overcome this problem, the authors should insert the word ‘normally’ after ‘will not’ or add the following.
‘iii) is exceptional in horticultural, landscape or other ways.’

Comment

Representation ID: 26832

Received: 31/07/2024

Respondent: Northern Parishes Group

79) In para (viii) the group suggests ‘and ancient hedgerows’ should be inserted.

Comment

Representation ID: 26833

Received: 31/07/2024

Respondent: Northern Parishes Group

80) Many in urban communities consider equestrian activities in the same way as they consider agriculture. Those people see the activities as using the land properly and causing little or no damage to the environment. A large number of people who live in rural areas have a completely contrary view. Many people have a horse in a field near their house which causes no problem. Many others see equestrian facilities as the way to achieve backdoor development. It is known in the High Weald area as ‘equestrian creep.’ Hobby farmers buy prime agricultural land and then claim they need more and more buildings. These buildings are either erected on the claim they are needed for the horses, or claiming permitted development rights, or without permission. Buildings are erected so that later on other buildings can be erected between them. The claim that the buildings are needed for equestrian activities is often not examined. Claims that houses are needed for grooms and agricultural workers are common, but looking at the plans and the size of the houses it is clear that soon they will be used for their market value. All this activity causes serious damage to the High Weald National Landscape.
81) Many of the facilities that are claimed to be needed for an equestrian centre, like sand schools significantly harm the High Weald National Landscape.
82) Policy ECO 10 is mostly aspirational and does not use directive language. Phrases like ‘Should be appropriate’, ‘Should not be sited’ will provide little protection for the countryside. At paragraph 9.91 the word, ‘ideally’ will again not prevent unsuitable development. The group looked at the individual policies for light pollution, the High Weald National Landscape and development outside where development boundary and considered if the equestrian development section was not clarified, developers would use the equestrian policy to say that the other policy need not be complied with in full. To ensure that no one can say that there is a conflict between various policies and the equestrian policy, it is better to make that clear in the equestrian policy. The group has done that. To ensure that the authors’ aims are achieved in a policy, the group suggests the following wording.
‘All applications for equestrian development will be examined with the greatest care to determine whether they are a genuine application or an attempt to avoid normal planning restrictions for development in the countryside.
Applications for equestrian developments will be considered using the following criteria.
a) Whether the appellant has shown that the equestrian development is a bona fide application needed for equestrian activities.
b) Whether the applicant has shown that there will be no significant harm to the High Weald National Landscape.
c) Whether the applicant for a countryside development has shown that the equestrian facilities, like sand schools, will not be significantly visible to neighbours or the general public.
d) Where the applicant seeks to install a feeding centre for horses, the application will only be granted where it is shown that a mobile feeding centre is not suitable.
e) Whether the applicant has shown that light pollution will be kept to a minimum.
f) Equestrian development must be near development and must not be an isolated development.
Where the applicant has failed to show any of the above requirements the application must be refused.
All application for development through lawful development certificates will be referred to the councillors in the same way as planning applications are referred to councillors.’

Comment

Representation ID: 26834

Received: 31/07/2024

Respondent: Northern Parishes Group

83) The authors should be congratulated on this new and important policy. It is a very valuable addition. The group would however suggest that after the first sentence the following should be added. ‘At all times consideration must be given to the wildlife, the trees, woodlands and hedgerows support.’

Comment

Representation ID: 26835

Received: 31/07/2024

Respondent: Northern Parishes Group

84) Again the authors of the document should be congratulated for the addition of this important and valuable new policy. The group would make the following suggestions.
a) Light pollution and dark skies should be in the same policy. A cross reference for Policy LAN3 can be added to Policy ENV7.
b) Urban light pollution is important.
c) The reason why light pollution and dark skies are important should be set out.
d) The use of the words ‘seek’ and ‘follow’ place the emphasis on aspirations rather than on command.
e) Policy LAN3 should become Policy ENV7 with the consequent renumbering of the policies.
85) The group suggests that the policy should be reworded to help presentation and clarity. The group suggests the following.


Policy ENV8 Light Pollution and Dark Skies
Policy Status Non-strategic
Overall Priorities Green to the Core and Live Well Locally

1 Light pollution must be considered at all stages of the planning process.
2 Light pollution is a problem in urban areas as well as in rural areas and urban light pollution must be addressed.
3 The maintaining and improving dark skies is primarily about light pollution.
4 Every effort must be made to reduce lighting and therefore reduce light pollution.
5 The reason why light pollution is important is as follows.
a) The national and local commitment to reducing energy consumption, both for combatting global warming and reducing authorities costs.
b) The impact light pollution has on wildlife and plants. This impact is particularly acute for migrating birds.
c) The impact light pollution has on neighbourhoods.
d) The detrimental effect of lighting and glare.
e) The intrinsic beauty of night skies.
6 Light pollution is about unnecessary lighting and unnecessary lit signs for advertising purposes and information purposes, see also Policy HER3.
7 The institute of lighting professionals guidance and similar guidance should be applied.
8 Indoor lighting should be designed so that light pollution is minimised. Large windows and glazing that creates light pollution must be avoided. Careful consideration should be given to roof windows.
9 Consent for outside lighting will only be given where the type of lighting is wildlife appropriate. The lighting normally needs to be downlit and consideration must be given to timing devices, light meters, which turn the lighting on and off, and motion sensor switches.
10 Safety is a consideration, but street lighting should be avoided wherever possible. Where it is proposed, an assessment must be provided about the degree of light pollution it would create and how it has been minimised.
11 Recreation facilities and sporting grounds must only be lit where it is necessary and arrangements must be made for the lighting to be turned off when it is not required.
12 Car park lighting is normally not required.
13 Those considering light pollution must take into account the local damage that lighting will cause. However, this does not mean light pollution is less important in certain areas. Light pollution is important in all areas.
14 Parts of Rother District Council enjoy dark skies. These must be monitored, protected and enhanced.
15 Although highway lighting is a matter for East Sussex County Council, Rother District Council will work with them to reduce Highway Light pollution .

Comment

Representation ID: 26836

Received: 31/07/2024

Respondent: Northern Parishes Group

86) The group suggests there should be a new sub paragraph, stating,
‘vi) Ensure light pollution is kept to the minimum.’