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

National Trust Representation on Rother Local Plan 2025-2042,
Draft (Regulation 18) Development Strategy and Site Allocations March 2026

With our staff, members, volunteers and supporters, the National Trust is the biggest conservation charity in Europe. We protect and care for places so people and nature can thrive. Many millions share the belief that nature, beauty and history are for everyone. So we look after the nation’s coastline, historic sites, countryside and green spaces, ensuring everyone benefits. For everyone, for ever.

The National Trust welcomes the opportunity to respond to the Rother Local Plan 2025-2042, Development Strategy and Site Allocation consultation at Regulation 18.

Q27. Do you have any comments on the proposed site allocation in Fairlight Cove detailed in Policy FA1?

The National Trust is the owner and custodian of land at Fairlight and Old Marsham Farm which extends over 93ha, being two adjoining sites which lie to the north east of the application site. At its closest the distance between the application site and National Trust land is 450m. National Trust Fairlight lies to the east of the Pett Level Road and Old Marsham Farm lies to the west. The Trust’s land features a rolling landscape, mainly in agricultural use (pasture) with significant blocks of ancient woodland (Market Wood and Stumblet Wood), marshland and a stretch of coastline (chalk cliffs). There are two SSSIs on National Trust land: the Hastings Cliffs to Pett Beach SSSI and the Dungeness, Romney Marsh and Rye Bay SSSI.

The National Trust’s primary concern with potential site allocation FA1 Land east of Waites Lane, Fairlight Cove is the potential for foul and surface water discharge from the proposed development to have a detrimental impact on the water quality of the ordinary watercourse which adjoins the application site along its southern boundary. This drainage ditch flows in a north easterly direction for approximately 600m before discharging into the Fairlight Wastewater Treatment Works (FWwTW). The FWwTW sits within and is surrounded by National Trust land. The stream then flows north and drains into the Royal Military Canal, then via the River Brede to the sea at Rye. The Trust’s concern relates to the risk of pollution to watercourses which cross National Trust land arising from spills at combined sewer overflows (CSOs) within the locality of Fairlight. The National Trust has significant concerns about the existing poor water quality of the watercourse (see National Trust comment to planning application RR/2025/1462/P for Biotic Index Survey results) and it is evident that measures need to be taken by Southern Water, as Statutory Undertaker, to bring about improvements in drainage infrastructure, irrespective of whether this proposed housing development is approved or not.

The Water Framework Directive sets legally binding environmental objectives through river basin planning to prevent further deterioration of water quality in the UK and to ensure that all water bodies achieve good ecological and chemical status by at least 2027. Public bodies are required to ‘have regard’ to the WFD environmental objectives when making decisions that could affect the quality of the water environment and therefore new development must be in accordance with the Directive. Water quality must therefore be a key consideration for the LPA, as competent authority in allocating potential development sites, particularly in Fairlight.

The sewer network serving Fairlight acts as a combined sewer. During flood events the capacity of local sewers is exceeded, as evidenced on the Environment Agencies Storm Overflow Spill Frequency Monitoring Portal, and foul water flows into the Ordinary watercourse causing pollution. Avoiding such events can only be achieved by upgrading the local foul and surface water drainage system to provide sufficient capacity to cater for existing demand, irrespective of the additional load that would arise if this site is allocated and subsequently developed.

As wastewater undertakers Southern Water have a duty under the Water Industry Act to provide additional drainage capacity as and when it is required to accommodate planned development. In terms of asset management, it would not be in the best interests for Southern Water to provide new wastewater infrastructure until there is certainty that the development will come forward. It will therefore be critical, that if future development is permitted there should be assurances given that the proposed foul drainage will ensure that the increased volume of sewage arising from the housing development does not result in polluting incidents and cause the quality of the watercourse to deteriorate further.

Whilst the Trust supports criterion 9, which will require development to ‘make an acceptable connection to the local sewerage system in liaison with the service provider’, it is recommended that policy wording is strengthened to ensure that without any doubt there is adequate capacity at FWwTW to accommodate future development on this site. Suggested change to policy wording as follows, ‘Make an acceptable connection to the local sewerage system in liaison with the service provider, and ensure sufficient capacity within the relevant waste water treatment works, including during storm events for the development to be accommodated without negative effect on the receiving environment’.

It is recommended that any foul sewer design the developer puts forward should be worked up with Southern Water and show both on-site and off-site capacity as well as Fairlight WwTW capacity considerations, and how peak foul flows generated from the proposed development are to be processed and managed along the entire 3.5km route to the protected Dungeness, Romney Marsh and Rye Bay SSSI and RAMSAR sites. This is to ensure design outcomes will contribute to meeting the WFD environmental objectives and provide the competent authority (LPA) with enough evidence to carefully assess whether development is likely to have a significant effect on the Habitat Sites, using the HRA process.