Local Plan Supporting Evidence Base Documents

Comment

Representation ID: 27372

Received: 22/07/2024

Respondent: High Weald AONB Unit

HELAA
We will respond separately to the draft Housing and Economic Land Availability Assessment (HELAA)
in the near future, in particular those sites within, or affecting the setting of the High Waeld AONB, to
help inform the consideration of potential sites in advance of the Local Plan Reg 19 version.
In general in this regard, we would highlight that we firmly consider that site specific allocation
policies (including site specific requirements, including maps/plans assessing the sites and setting
guiding principles, and references for the need for the layout and design approach to be based on the
HW Housing Design Guide) should be provided within the Local Plan Reg 19 version for any sites
within or affecting the setting of the High Weald National Landscape. This should help to ensure that
such development is managed and coordinated within each location, and to ensure that clear and
realistic expectations for each site are set, with regard to the local plan general polices, the High
Weald AONB Management Plan, and the Council’s duty under section 85 of the CRoW Act.
We would highlight at this stage that any site allocations proposed for grassland sites should also be
subject to grassland surveys, and if found to be unimproved grassland/species rich grassland, these
should not continue to be allocated for development in the Reg 19 version, since this is an important
habitat type within the High Weald AONB, and an important part of its landscape character and
natural beauty.
The High Weald Joint Advisory Committee is a partnership between: East Sussex, West Sussex, Kent and Surrey County Councils; Horsham, Mid Sussex,
Tandridge, Sevenoaks, Wealden and Rother District Councils; Tunbridge Wells, Hastings, Ashford, Crawley and Tonbridge & Malling Borough Councils;
Defra; and organisations representing farming, forestry, community, business and recreation interests.
In addition to the above comments, we would also draw to your attention that Section 245 of the
Levelling-Up and Regeneration Act 2023, which came into effect on 26th December 2023, has
introduced important changes to legislation around protected landscapes. In particular, with regard
to Areas of Outstanding Natural Beauty, Section 245 (5) to (10) of the Act amends the Countryside
and Rights of Way CRoW) Act in a number of ways.
Most significantly, 245 (6)(a) amends section 85 of the CRoW Act regarding the general duties of
public bodies etc by inserting the following text:
“In exercising or performing any functions in relation to, or so as to affect, land in an area of
outstanding natural beauty in England, a relevant authority other than a devolved Welsh
authority must seek to further the purpose of conserving and enhancing the natural beauty of
the area of outstanding natural beauty.” [my underlining]
This is considered to represent a strengthening of the previous section 85 duty, which set out that “a
relevant authority shall have regard to the purpose….” [my underlining]
It is therefore important that this new duty is reflected in the content of the Local Plan, including in
the evaluation of proposed site allocations.