Rother Local Plan 2025-2042 – Development Strategy and Site Allocations

Rother Local Plan 2025 - 2042 (Regulation 18) – Representation on behalf of Jarvis Homes
(South-East) Limited
Site FW2A, Flimwell (formerly HELAA Site TIC0029 and TIC0095)

I write on behalf of Jarvis Homes (South-East) Limited in support of the allocation of Site FW2A within
the emerging Local Plan.

This representation is made in the context of a materially increased housing requirement, significant
environmental constraints across the district, and the clear need for the Council to identify robust and
deliverable sites. Against that background, the inclusion of Site FW2A is not only appropriate, but
necessary to ensure that the Plan is positively prepared, justified and capable of being found sound.

- Plan Context

In preparing this draft plan, the Council’s evidence clearly establishes a significant housing
requirement of c. 912 dwellings per annum, driven in part by the revised standard method.

In addition, the evidence base identifies a clear need to provide sufficient employment land and
floorspace to support economic growth over the plan period. National policy requires that this is
planned alongside housing delivery, ensuring that land of the right type is available in the right
locations to support a strong and responsive local economy.

At the same time, Rother faces exceptional constraints, with c. 83 per cent of the District falling within
the High Weald National Landscape, alongside extensive environmental and heritage constraints.

As acknowledged within the evidence base, this creates a clear structural tension between housing
and employment need and land availability. Contextually, it is necessary for settlements such as
Flimwell, despite their location within the National Landscape, to accommodate an appropriate
proportion of development where this can be achieved without unacceptable landscape,
environmental or heritage harm.

The Council’s evidence confirms a substantial uplift in housing and employment need, materially
exceeding historic delivery rates. At the same time, the Plan recognises that a very large proportion of
the district is subject to policy and environmental constraints, most notably the High Weald National
Landscape.

This combination of high need and constrained supply is fundamental. It requires a realistic and
balanced approach, identifying sites that are capable of delivering development without unacceptable
harm, rather than seeking idealised or unconstrained opportunities which do not exist in sufficient
quantity.

The strategy of directing growth to sustainable settlements, including Flimwell, is both logical and
necessary. Site FW2A is a key component of that strategy for both housing and employment
opportunities.

- HELAA Progression

The progression of the site from HELAA references TIC0029 (residential) and TIC0095 (employment)
to the proposed allocation FW2a is a material consideration which should be afforded full weight.

The separation of these uses at HELAA stage has been positively resolved through the draft
allocation, which brings forward a coordinated mixed-use scheme. This directly reflects the HELAA’s
conclusions that development in this location is most appropriately delivered on a comprehensive
basis, combining residential and employment uses to address sustainability and accessibility
considerations.

The HELAA methodology applies a staged filtering process, including:

• initial site identification and availability
• assessment against constraints (including landscape, heritage, access and flood risk)
• consideration of suitability and achievability
• identification of sites capable of contributing to suppl

The site has successfully progressed through each of these stages, which demonstrates that, when
assessed against the Council’s own criteria, the site is:

• not subject to overriding constraints
• capable of development in principle
• deliverable within the plan period

The subsequent site selection process has appropriately combined the residential and employment
components into a single allocation (FW2a), forming part of a wider coordinated development strategy
for Flimwell. This reflects a more effective and policy-aligned approach than considering the sites in
isolation.
This is directly relevant to the test of soundness. The Plan must demonstrate that it has selected the
most appropriate strategy and sites when considered against reasonable alternatives. In this case,
the evidence supports not only the suitability of the site, but also the appropriateness of its
comprehensive mixed-use allocation.
It is also relevant that a number of sites assessed through the HELAA process in and around Flimwell
were discounted due to greater landscape sensitivity, weaker settlement relationship, or technical
constraints. Against that context, the identification of FW2a, as part of a coordinated allocation, reflects a clear comparative advantage and reinforces that it is one of the most appropriate and
deliverable opportunities available within this part of the district.

- Site Characteristics and Settlement Integration

In spatial terms, the site forms part of a wider, coordinated extension to Flimwell, as identified through
allocation FW2. It is not a standalone parcel, but part of a comprehensive mixed-use allocation which
integrates residential, and employment uses alongside existing development. The site lies adjacent to
established built form and commercial activity, including the existing business area to the west of the
A21, and therefore represents a logical and planned expansion of the settlement rather than isolated
or sporadic encroachment into the countryside.

The presence of the A21 is an important defining feature. Whilst it currently acts as a physical barrier
within the settlement, the allocation responds positively to this through the requirement for improved
pedestrian and cycle connectivity. In this respect, the site does not rely solely on its immediate
relationship to the existing built form, but forms part of a wider strategy to better integrate the eastern
and western parts of Flimwell.

Equally important is the relative position of the site within the wider landscape context. The site does
not occupy the most sensitive or exposed parts of the surrounding countryside and is capable of
being contained within a defined edge through structural landscaping and appropriate layout. This
reflects the HELAA findings that, when considered comprehensively, the site is capable of
development without giving rise to unacceptable landscape harm.

The land itself is not subject to significant abnormal constraints and benefits from a form and
topography that lends itself to development. Access to utilities and the ability to deliver appropriate
infrastructure are implicit within the allocation framework. These are key factors identified through the
HELAA process in supporting the site’s suitability and achievability.

The draft allocation proposes a residential density of approximately 35 dwellings per hectare. In the
context of a mixed-use allocation and the need to optimise the use of land, this is considered
appropriate. It strikes a balance between efficient delivery of housing, responding to the Council’s
increased housing requirement, and maintaining a form of development that can be sensitively
integrated into the National Landscape through design, layout and landscaping.

In addition, the inclusion of employment provision within the wider FW2 allocation is a significant
benefit. The provision of employment floorspace alongside housing supports local economic growth,
reduces the need to travel, and contributes to a more sustainable pattern of development in
accordance with the strategic objectives of the emerging Local Plan.

- Landscape Considerations and National Landscape Context

The site lies within the High Weald National Landscape, and this is appropriately recognised as a key
consideration. National policy requires that great weight is given to conserving and enhancing
landscape character. However, this does not preclude development, particularly where it can be
accommodated without unacceptable harm and where it forms part of a planned and coordinated
strategy.

Paragraph 189 of the NPPF confirms that great weight should be given to conserving and enhancing
National Landscapes, and that development should be limited in scale. In this instance, the proposed
development forms part of a wider mixed-use allocation (FW2), incorporating both residential
development at approximately 35 dwellings per hectare and employment provision. When considered4
in this context, the scale and form of development are proportionate and reflect an efficient use of
land, whilst still enabling a landscape-led approach to design and layout.

Paragraph 190 of the NPPF addresses major development within National Landscapes. Whether
development constitutes “major development” is a matter of planning judgment, having regard to its
nature, scale and setting, and the extent of its impact on the purposes of the designation.

In this case, the allocation represents a coordinated extension to Flimwell rather than a standalone or
expansive incursion into the countryside. The development is contained within a defined parcel and
sits within a landscape context influenced by the A21 corridor and existing built form. On that basis, it
is not of a scale or character that would necessarily justify being treated as major development.

Without prejudice to that position, if the allocation were to be considered “major development”, the
requirements of paragraph 190(a) are met. There is a clear and significant need for both housing and
employment land, and a demonstrable constraint on land supply across the district, with a substantial
proportion of land falling within the National Landscape or subject to other environmental and heritage
designations. In these circumstances, the allocation of suitable and deliverable sites such as FW2a
forms part of a necessary and balanced response in the public interest.

The HELAA and site selection process has concluded that development in this location is achievable,
particularly when brought forward as part of a comprehensive scheme. That conclusion is supported
by the site’s characteristics and its ability to accommodate mitigation through design.

The site benefits from established boundary vegetation and the opportunity to introduce structural
landscaping as part of a coordinated scheme. The draft allocation also requires appropriate buffers,
including to areas of ancient woodland, together with a landscape-led approach to layout and design.
These measures are both necessary and capable of being delivered.

Whilst there are localised views, including from the A21 and surrounding areas, the site does not form
part of a wider open or highly sensitive landscape in longer-distance views. The influence of existing
infrastructure and development reduces its prominence and provides a context within which
development can be assimilated.

A sensitively designed mixed-use scheme, incorporating native planting, structural landscaping and
green infrastructure, will mitigate potential effects and enable the development to integrate
appropriately with both the settlement and the wider landscape.

In practical terms, this is a site where landscape effects can be appropriately managed and mitigated
through policy requirements and design, and where development can be accommodated without
undermining the character or scenic quality of the National Landscape.

- Sustainability and Connectivity

The site forms part of a wider mixed-use allocation (FW2) and its sustainability must be considered in
that comprehensive context, rather than as a standalone proposal.

It is recognised that the site lies to the east of the A21, which currently acts as a physical barrier
within Flimwell and limits direct pedestrian connectivity to existing services and facilities located to the
west. This is an identified constraint. However, the draft allocation responds positively to this through
the requirement for enhanced pedestrian and cycle connections across the A21 and into the
established part of the settlement.

In this respect, the allocation does not simply rely on existing infrastructure but provides a clear
mechanism to improve connectivity and integrate the site with the wider settlement over time. This is
consistent with the HELAA conclusions that development in this location is most appropriate when
delivered comprehensively, including measures to address accessibility.

Importantly, the mixed-use nature of the allocation materially strengthens its sustainability credentials.
The inclusion of employment provision alongside residential development reduces the need to travel,
supports local job creation, and contributes to a more balanced and self-contained pattern of
development. This is a key distinction from a purely residential extension and aligns with the strategic
objectives of the emerging Local Plan.

Flimwell is identified within the draft Local Plan as a settlement where limited and carefully planned
growth can be accommodated. The allocation of FW2 reflects a deliberate strategy to direct
development to a location where it can be planned comprehensively, rather than allowing piecemeal
or less sustainable alternatives to come forward elsewhere.

The site’s relationship to the A21 corridor also provides a degree of accessibility to the wider area,
including connections to nearby settlements. Whilst this does not substitute for local accessibility, it
forms part of the overall connectivity profile of the site.

Overall, whilst there are existing constraints in terms of connectivity, these are recognised and
appropriately addressed through the allocation. The combination of improved pedestrian and cycle
links, alongside the provision of employment uses within the site, ensures that the development can
function as a sustainable and integrated extension to Flimwell over the plan period.

- Deliverability

Jarvis Homes confirms that the site is available, free from ownership constraints and capable of
delivery within the plan period. There are no known fundamental technical or viability barriers that
would prevent the site coming forward.

The allocation forms part of a wider coordinated development (FW2), and its delivery is appropriately
framed within that comprehensive approach. Whilst infrastructure requirements, including highways
improvements and connectivity enhancements, will need to be addressed, these are clearly identified
within the draft allocation policy and are typical of developments of this scale.

The site is capable of contributing to both housing and employment delivery within the plan period.
The mixed-use nature of the allocation provides flexibility in delivery and supports a phased approach,
allowing different elements of the scheme to come forward in a coordinated but viable manner.

In this context, the allocation represents a realistic and deliverable proposal of the overall
development strategy. It is not reliant on speculative or uncertain infrastructure provision but instead
is supported by clear policy requirements that can be addressed through the planning and design
process.

Given the scale of housing and economic need, and the limited number of suitable and deliverable
sites, allocations such as FW2a are not optional components of the supply. They are integral to the
delivery of both housing and employment objectives within the Plan.

The removal or downgrading of such allocations would materially undermine the Plan’s ability to
demonstrate a deliverable and balanced supply of development
land and would create a clear risk of the Plan failing the tests of effectiveness and soundness at
examination.

- Soundness

The allocation of Site FW2A is necessary to ensure that the Plan meets the tests of soundness:

• Positively prepared: The Plan must respond to a significantly increased housing requirement,
alongside identified economic needs. Given the extensive environmental constraints across
the district, these needs cannot be met without the inclusion of coordinated mixed-use
allocations such as FW2.

• Justified: The HELAA and site selection process demonstrates that development in this
location is appropriate when delivered comprehensively. The consolidation of HELAA sites
TIC0029 and TIC0095 into a single mixed-use allocation reflects a more effective and policyaligned solution when considered against reasonable alternatives, many of which have been
discounted due to greater landscape sensitivity, weaker settlement relationship, or technical
constraints.

• Effective: The site is available and capable of delivery within the plan period as part of a
coordinated scheme. The allocation benefits from a clear policy framework, including
infrastructure and connectivity requirements, which supports a phased and deliverable
approach to both housing and employment provision.

• Consistent with national policy: The allocation supports sustainable development by
combining housing and employment uses, promoting a more balanced pattern of growth, and
making efficient use of land, in accordance with the NPPF.

In the absence of allocations such as FW2a, there is a clear risk that the Plan would fail to
demonstrate a deliverable and balanced supply of development land, undermining both its
effectiveness and overall soundness at examination.

Conclusion

Site FW2a has been identified through a robust evidence base, has progressed through the HELAA
and site selection process, and forms part of a coordinated mixed-use allocation at Flimwell.

It is capable of being delivered as part of a comprehensive scheme, accommodating development
without unacceptable landscape harm, and supported by a clear and credible delivery framework. It
will make an important contribution towards meeting both housing and employment needs within the
district.

The allocation is integral to a sound and deliverable strategy. Its removal or downgrading would
materially weaken the Plan and create a clear risk of it being found unsound at examination.

In these circumstances, Site FW2a should be retained and progressed to the Regulation 19 stage
without amendment.

Rother Local Plan 2025 - 2042 (Regulation 18) – Representation on behalf of Jarvis Homes
(South-East) Limited
Site NR2, Northiam (formerly HELAA Site NOR0026)

I write on behalf of Jarvis Homes (South-East) Limited in support of the allocation of Site NR2 within
the emerging Local Plan.

This representation is made in the context of a materially increased housing requirement, significant
environmental constraints across the district, and the clear need for the Council to identify robust and
deliverable sites. Against that background, the inclusion of Site NR2 is not only appropriate, but
necessary to ensure that the Plan is positively prepared, justified and capable of being found sound.

- Plan Context

In preparing this draft plan, the Council’s evidence clearly establishes a significant housing
requirement of c. 912 dwellings per annum, driven in part by the revised standard method.

At the same time, Rother faces exceptional constraints, including c. 83 per cent of the District falling
within the High Weald National Landscape, alongside extensive environmental and heritage
constraints.

As acknowledged within the evidence base, this creates a clear structural tension between housing
need and land availability. In this context, it is necessary for settlements such as Northiam, despite
their location within the National Landscape, to accommodate an appropriate proportion of
development where this can be achieved without unacceptable landscape, environmental or heritage
harm.

The Council’s evidence confirms a substantial uplift in housing need, materially exceeding historic
delivery rates. At the same time, the Plan recognises that a very large proportion of the district is
subject to policy and environmental constraints, most notably the High Weald National Landscape.

This combination of high need and constrained supply is fundamental. It requires a realistic and
balanced approach, identifying sites that are capable of delivering development without unacceptable
harm, rather than seeking idealised or unconstrained opportunities which do not exist in sufficient
quantity.

Within this context, the strategy of directing growth to sustainable settlements, including Northiam, is
both logical and necessary. Site NR2 is a key component of that strategy.

- HELAA Progression

The progression of the site from HELAA reference NOR0026 to proposed allocation NR2 is important
which should be given full weight.

The HELAA methodology applies a staged filtering process, including:

• initial site identification and availability
• assessment against constraints (including landscape, heritage, access and flood risk)
• consideration of suitability and achievability
• identification of sites capable of contributing to supply

The site has successfully progressed through each of these stages, which demonstrates that, when
assessed against the Council’s own criteria, the site is:

• not subject to overriding constraints
• capable of development in principle
• deliverable within the plan period

The subsequent site selection process has progressed NOR0026 to a proposed allocation. Given that
only two sites are identified within Northiam, and that NR2 is the only new strategic allocation, it is
clear that the site performs strongly in comparative terms and represents one of the most suitable and
deliverable opportunities available to the Council within this settlement.

This is directly relevant to the test of soundness. The Plan must demonstrate that it has selected the
most appropriate sites when considered against reasonable alternatives. The evidence indicates that
NR2 meets that test, as explored later in this representation.

It is also relevant that a significant number of sites assessed through the HELAA process in and
around Northiam were discounted due to greater landscape sensitivity, weaker relationship to the
settlement, or technical constraints. Against that context, the identification of NR2 reflects a clear
comparative advantage over those alternatives and reinforces that it is one of the most appropriate
sites available for allocation.

- Site Characteristics and Settlement Integration

In spatial terms, the site represents a coherent extension to the settlement. It is physically well related
to existing development and sits alongside an established commercial yard and surrounding housing,
forming a logical rounding off of the built form rather than isolated or sporadic encroachment into the
countryside. The site is capable of being contained within a clearly defined edge, assisted by
highways, reinforcing the existing settlement pattern.

Equally important is what the site is not. It is not located within the more exposed northern edge of
Northiam, nor within the more open and sensitive landscape to the west and south-west. Those areas
are materially more vulnerable to harm and would present greater challenges in plan-making terms.

The land itself is flat, with no evident abnormal constraints, and benefits from access to utilities either
on or adjacent to the site. These are all factors that the HELAA process is designed to identify, and
which support a conclusion that the site is both suitable and achievable.

The draft allocation policy suggests a density of 25 dwellings per hectare. This is considered
appropriate for an edge of settlement location, providing an effective balance between meeting
housing needs and responding sensitively to the National Landscape context.

- Previously Developed Land

The site’s current use as equestrian land, including paddocks, built development and associated
infrastructure, strongly aligns with the definition of previously developed land set out in Annex 2 of the
NPPF.

The site forms part of an established equestrian use, with associated structures and operational
infrastructure, and the paddocks are functionally and physically related to that use. In these
circumstances, and having regard to Annex 2 of the NPPF, the land should reasonably be treated as
previously developed land rather than undeveloped greenfield land.

The appeal decision APP/Y0435/W/17/3178790A (29 November 2017) provides a detailed and
reasoned interpretation of this issue in the context of an equestrian holding. It confirms that paddocks
and land reasonably associated with an equestrian use can fall within the scope of previously
developed land where they form part of the established use and are not separate or unrelated open
countryside.

Whilst each case must be considered on its own facts, the principle established is directly applicable
and weighs in favour of the site. This is particularly relevant when considered against national policy
objectives promoting the effective use of land, including paragraphs 124 and 125(c) of the NPPF.
This is an important factor which differentiates the site from more sensitive and clearly undeveloped
greenfield locations.

It is therefore requested that the Council reviews and updates the site’s classification within the policy
assessment from greenfield to brownfield to reflect its status as previously developed land. Further
supporting information can be provided if required.

- Landscape Considerations and National Landscape Context

The site lies within the High Weald National Landscape and this is appropriately recognised as a key
consideration. National policy requires that great weight is given to conserving and enhancing
landscape character. However, this does not preclude development in such locations, provided that it
can be accommodated without unacceptable harm.

Paragraph 189 of the NPPF confirms that great weight should be given to conserving and enhancing
National Landscapes, and that development should be limited in scale. In this instance, the proposed
density of approximately 25 dwellings per hectare, together with the site’s containment and
relationship to the existing settlement, represents an appropriate and proportionate form of
development. It strikes a balanced response to both the sensitivity of the designation and the need to
deliver housing.

Paragraph 190 of the NPPF addresses major development within National Landscapes. Whether
development constitutes “major development” is a matter of planning judgment, having regard to its
nature, scale and setting, and the extent of its impact on the purposes of the designation.
In this case, the proposal represents a modest extension to the settlement, contained within an
existing landscape framework and closely related to the built form. It is not of a scale or character that
would justify being treated as major development in this context.

Without prejudice to that position, if the development were to be considered “major development”, the
requirements of paragraph 190(a) are met. There is a clear and significant need for housing, and a
demonstrable constraint on land supply across the district, with a substantial proportion of land falling
within the National Landscape or subject to other environmental and heritage designations. In these
circumstances, the allocation of suitable and deliverable sites such as NR2 is necessary in the public
interest.

The HELAA and site selection process has already concluded that development of this site can be
accommodated without unacceptable harm. That conclusion is supported by the site’s characteristics.
The site benefits from established boundary hedgerows and sporadic mature trees, which provide a
strong existing landscape framework. There is clear opportunity to retain and reinforce these features
as part of a comprehensive scheme. Whilst there are localised views from adjacent highways, the site
is not prominent in medium or long-distance views and does not form part of a wider open or sensitive
landscape.

The draft allocation policy requires the retention of boundary hedgerows and enhancement of the
pond feature within the site. These measures are both feasible and appropriate and would contribute
positively to landscape character and biodiversity.

A sensitively designed residential scheme, incorporating native planting and landscape-led design
principles, would mitigate potential effects and enable the development to be successfully assimilated
into the settlement.

In practical terms, this is a site where landscape effects can be appropriately mitigated and where
development can be accommodated without undermining the character or scenic quality of the
National Landscape.

- Sustainability and Connectivity

The site is well related to the services and facilities within Northiam, consistent with the Plan’s
objective of directing growth to sustainable locations.

Footways and bus stops are located in close proximity on Station Road, providing convenient access
to the village centre and connections to nearby settlements. The draft allocation policy also supports
the provision of a pedestrian and cycle link between the site and Station Road. This is a short and
achievable connection which would further enhance accessibility, subject to agreement with the
Highway Authority.

Northiam is identified within the draft Local Plan as a settlement capable of accommodating an
appropriate level of growth. The site’s location immediately adjacent to the existing built form ensures
that it integrates with, and supports, this established role rather than extending development into less
sustainable or more isolated locations.

Paragraph 6.74 of the draft Local Plan confirms that Northiam supports a reasonable range of
services and facilities and has been identified as suitable for limited growth, with only a small number5
of sites considered appropriate due to landscape sensitivity. This reinforces the importance of
allocating those sites which are capable of delivering development without unacceptable harm.
In addition, paragraph 6.68 recognises Northiam’s role in supporting the sustainability of nearby
settlements, including Beckley. This wider functional role further supports the appropriateness of
directing development to this location.

It is also relevant that the proposed reinstatement of the heritage Rother Valley Railway between
Robertsbridge and Tenterden via Northiam has the potential to enhance accessibility and strengthen
connections to the wider area. Whilst not relied upon as a prerequisite for development, nor as a
commuter option, this represents a positive future change in the settlement’s connectivity profile over
the plan period.

- Deliverability

Jarvis Homes confirms that the site is available, free from ownership constraints and capable of
delivery within the plan period. There are no known technical, infrastructure or viability barriers that
would prevent early progression.

The site is capable of contributing to housing delivery within the early part of the plan period, without
reliance on significant infrastructure provision or long lead-in times. This distinguishes it from more
complex or longer-term allocations and strengthens its role within the overall housing trajectory.

Given the scale of housing need and the limited number of suitable and deliverable sites, allocations
such as NR2 are not optional components of the supply. They are integral.

The removal or downgrading of such sites would materially undermine the Plan’s ability to
demonstrate a deliverable supply of housing land and would create a clear risk of the Plan failing the
tests of effectiveness and soundness at examination.

- Soundness

The allocation of Site NR2 is necessary to ensure that the Plan meets the tests of soundness:

• Positively prepared: The Plan must meet a housing requirement of c. 912 dwellings per
annum. Given the extensive environmental constraints across the district, this cannot be
achieved without the inclusion of sites such as NR2.

• Justified: The HELAA and site selection process demonstrates that NR2 performs favourably
when considered against reasonable alternatives, many of which have been discounted due
to greater landscape, heritage or access constraints.

• Effective: The site is available, deliverable, and capable of contributing within the early part of
the plan period. It therefore represents a reliable component of the housing trajectory.

• Consistent with national policy: The allocation supports sustainable development, efficient
use of land, and appropriate growth of rural settlements in accordance with the NPPF.

In the absence of allocations such as NR2, there is a clear risk that the Plan would fail to demonstrate
a deliverable supply of housing land and therefore fail the test of effectiveness.

- Conclusion

Site NR2 has been identified through a robust evidence base, has progressed through the HELAA
and site selection process, and represents one of the limited deliverable opportunities within
Northiam.

It is well related to the settlement, capable of being accommodated without unacceptable landscape
harm, and supported by a clear and early deliverability position. It therefore makes an important and
necessary contribution to meeting the district’s housing requirement.

The allocation is integral to a sound and deliverable strategy. Its removal or downgrading would
materially weaken the Plan and create a clear risk of it being found unsound at examination.

In these circumstances, Site NR2 should be retained and progressed to the Regulation 19 stage
without amendment.