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

Dear Sir / Madam,
Rother Local Plan Development Strategy and Site Allocations Draft (Regulation 18) (January 2026)
Welbeck Strategic Land III Limited (“Welbeck Land”) control the land east of Waites Lane, Fairlight Cove
(the “Site”), which is identified under draft Policy FA1 for approximately 35 dwellings.
These representations are submitted in response to Rother Local Plan Development Strategy and Site
Allocations Draft (Regulation 18) (January 2026) (“Draft Local Plan”). They relate specifically to the allocation
of the Site, which represents a sustainable development opportunity capable of supporting the growth and
vitality of Fairlight Cove.
Welbeck Land respond in particular to the following consultation question::
a) Q27. Do you have any comments on the proposed site allocation in Fairlight Cove, detailed in Policy FA1?

Introduction
The Site represents a sustainable and suitable location for residential development, having previously been
identified and allocated under Policy FAC2 of the adopted Development and Site Allocations Local Plan
(December 2019).
Welbeck Land support the retention of the Site within the Draft Local Plan for the delivery of approximately
35 dwellings. The proposed allocation appropriately recognises the Site’s suitability, availability and capacity
to contribute towards Fairlight’s housing requirement over the plan period.
The Site’s deliverability is clearly evidenced by the submission of a live outline planning application (Ref:
RR/2025/1462/P) in August 2025 for up to 35 dwellings. The application is supported by a comprehensive
suite of technical assessments and demonstrates that the Site is capable of delivering the proposed quantum
of development. The Site is therefore available, suitable and deliverable, and is capable of contributing to the housing trajectory in the early years of the plan period. However, Welbeck Land raise concerns in respect of specific requirements set out within draft Policy FA1, as outlined below.
Elderly Occupancy Restriction:
Draft Policy FA1 includes the following requirement: “ii. Provide at least 50% of the dwellings as appropriately designed, age-restricted housing for older people;”
Welbeck Land object to the proposed requirement for an age-restricted housing provision of at least 50%.
This requirement is not justified and would have a significant adverse impact on the viability and deliverability of the Site. A marketing report prepared by Searls Land confirms that the imposition of an age restriction would materially reduce market demand and consequently undermine scheme viability. Feedback from both SME and PLC housebuilders active in the local market suggest that such a restriction would materially reduce developer interest and appetite.
The requirement therefore introduces a clear risk to delivery, contrary to the need for the plan to be effective.
Furthermore, the requirement is not necessary to achieve the Council’s objectives in respect of housing choice. The live outline planning application already proposes a proportion of bungalows, a housing typology which is typically attractive to older persons and downsizers. This approach provides flexibility and responds to market demand without imposing an artificial and restrictive occupancy condition.
In this context, the proposed requirement is not justified, as it is not supported by proportionate evidence, nor is it the most appropriate mechanism to meet identified needs. Accordingly, the fixed age-restriction should be removed.
Financial Contribution Towards Doctors’ Surgeries
Draft Policy FA1 includes the following requirement: “x. Include a financial contribution towards the improvement of doctors’ surgeries in the locality in lieu of a serviced plot;”
Welbeck Land object to this requirement on the basis that it is not consistent with national policy or statutory tests.
As established through the previous appeal on the Site (Ref: APP/U1430/W/21/3283287), the Inspector concluded:
“The appeal scheme would not include the doctor’s surgery as the Clinical Commissioning Group (CCG) have confirmed that it is not necessary. As a result, there would be no conflict with Policy FAC2 on this account. This is because the provision of the doctor’s surgery was only a requirement if confirmed by the CCG through a business case.”
No updated evidence has been provided to demonstrate that a supplementary healthcare contribution is now required to mitigate a site-specific impact arising from the proposed development. Planning obligations must satisfy the statutory tests set out in Regulation 122 of the Community Infrastructure Levy Regulations 2010 (as amended). Specifically, obligations must be:
a) Necessary to make the development acceptable in planning terms; b) Directly related to the development; and
c) Fairly and reasonably related in scale and kind.
In addition, Rother District Council have an adopted Community Infrastructure Levy (CIL) Charging Schedule (December 2015). Healthcare infrastructure is intended to be funded through CIL, unless a clear and evidenced site-specific mitigation requirement is identified.
In the absence of robust evidence demonstrating a direct and specific impact on local healthcare provision arising from this development, the proposed requirement fails to satisfy Regulation 122 and would result in unjustified double counting.
The policy is therefore not justified and is inconsistent with national policy. Accordingly, this financial contribution requirement should be removed.
Recommendation:
In light of the concerns set out above, Welbeck Land hereby request the following amendments to draft Policy FA1: Removal of criteria ii and x.
These amendments are necessary to ensure that the policy is justified, effective, and consistent with national policy, while also improving the deliverability of the site, thereby contributing to the overall soundness of the Draft Local Plan.

Supporting Documents:
We have included the following documents within our call for sites submission:
1. Site Application Boundary;
2. Indicative Masterplan (RR/2025/1462/P);
3. Marketing Report by Searls Land.
We trust that these comments are useful at this stage. By way of this letter, Welbeck Land reserve the right to comment on further rounds of consultation and attend the Examination in Public.
If you require any further information or clarification, please do not hesitate to contact us.
Yours sincerely
Welbeck Strategic Land III Limited