Councillors Briefing Note

COUNCILLORS BRIEFING NOTE FOR FULL COUNCIL – 5 MARCH 2007

LDF Annual Monitoring Report: Land at Udimore Road, Rye

Purpose

1. This Briefing Note refers to Cabinet’s recommendation to Council regarding the application of Policy DS6 of the adopted Local Plan to ‘Land north of Udimore Road, Rye’, the effect of which would be to remove a prematurity objection to any future development proposal on the site for housing. Minute CB124/12/06 refers.

2. It is intended to clarify the issues involved for what is a difficult and contentious matter.

3. The site itself amounts to some 3.8 hectares of land with access from Udimore Road opposite Cadborough Farm. It is allocated for housing development under Policy RY5. This identifies the site as suitable for a minimum of 114 dwellings to be developed at a density of at least 30 dwellings per hectare, of which 40% are to be affordable.

4. The relevant Local Plan policies and related text are attached as Appendix 1.

Main Issue

5. The central issue is whether Council considers that the release of the site is necessary to meet the Structure Plan housing requirement for the District or whether it should continue to be held in reserve for the time being.

6. The report to Cabinet, attached as Appendix 2, identifies the range of considerations relevant to ensuring an adequate supply of housing land to meet the District’s housing requirement and the reasons for the recommendation.

7. It can be seen that the level of housebuilding is some 470 dwellings less than the annual amount required to meet the Structure Plan target. Moreover, even with all identified sites being developed as anticipated, there is a forecast shortfall over the next 5 years.

8. As an update to the Cabinet report, it is noted that 259 dwellings were completed in the 9 month period April – December 2006 which, if extrapolated to the end of the monitoring year, would be equivalent to 345 dwellings. This compares to 379 dwellings assumed in the Annual Monitoring Report, and would have the effect of further increasing the likely shortfall against Structure Plan requirements to some 100 dwellings by 2011.

Representations

9. The prospect of the Council releasing this land for development has prompted considerable local reaction.

10. Attention is drawn to a letter received from Rye Town Council (see Appendix 3) which opposes development in this location.

11. In addition, letters have been received from many local residents expressing a range of objections to development on the site. Increasing flood risk, notably for the Tilling Green area, is a prominent reason given.

12. Other points include the poor drainage of the land itself, loss of greenfield land, traffic impact, lack of local job opportunities and inadequate capacity of local services, such as education and health. Some letters express a concern that 500 houses would be built. Some letters identify alternative brownfield sites or suggest that Bexhill offers more potential. The local MP has written highlighting local objections, especially flooding.

13. Copies of all correspondence will be placed in the Members Room.

Further comments

14. While objections generally oppose any development here, it must be emphasised that the principle of development on the site has already been deliberated upon, and accepted, through the Local Plan process, including by the Inspector at a Public Inquiry.

15. The site is now allocated for housing by Policy RY5 of the Local Plan. Hence, resisting its release as a ”matter of principle” could not be sustained.

16. Site-specific concerns, such as flood risk and traffic congestion, must, of course, be fully assessed and dealt with. However, these are more appropriately addressed as part of the consideration of specific proposals in the determination of a planning application. A decision to enable release would not pre-empt the full and proper treatment of such matters.

17. It is noted that both the Environment Agency and the Internal Drainage Board were consulted on the appropriateness of allocating the site for housing and raised no objection on flood risk grounds.

18. I am obliged to point out that the Government’s new PPS3: Housing places a strong emphasis on increasing the supply of homes. It reinforces earlier guidance by requiring Local Planning Authorities (LPAs) to maintain a “five year supply of deliverable sites” and to review through the Annual Monitoring Report (AMR) process.

19. It reinforces the approach of Policy DS6 to draw on allocated sites as necessary to up-date supply (paragraph 60 of PPS3). It adds that, where an LPA cannot do this, it should favourably consider planning applications for housing, having regard to overall planning policies (paragraph 71 of PPS3).

20. In other words, where land supply is short, it gives a presumption in favour of housing irrespective of whether the land is within a development boundary.

21. Without the release of the “reserve site” at Udimore Road, Rye, the Council would be under substantial pressure for ad-hoc permissions because, as the Cabinet report shows, there is already a shortfall against the Structure Plan requirement even assuming all with allocated sites and those with planning permission come forward as expected.

Conclusions

22. As the Cabinet report states, my recommendation to release the land for development is made reluctantly, especially being quite soon after Local Plan adoption. However, if the Council is to meet its housing requirement, and to do so in a properly planned manner, it is now very likely that the “reserve” site off Udimore Road, Rye will be needed to contribute to overall supply.

23. I have considered the representations received and understand the concerns. Particular issues, such as flood risk, will undoubtedly require careful examination. While they do not appear to be insurmountable, I agree that any planning application must be closely scrutinised in those respects.

24. General comments about jobs and services will be very relevant to the consideration of a longer-term strategy for Rye to be developed via the LDF Core Strategy. However, I am bound to reiterate that the use of this site for housing has already been accepted in principle via the adopted Local Plan.

25. If the Council were to conclude that the site should be released now to meet overall housing, and affordable housing targets, there would still be a requirement for any planning application to demonstrate that it accorded with Policy RY5 and other policies of the Local Plan that will ensure that all proper planning considerations are met.

26. However, if the Council were to conclude that the likely shortfall is not significant to justify the release at this time, then it would expect the Planning Committee to refuse any application on grounds of prematurity relative to Policy DS6 (aside from any unresolved site objections).

Frank Rallings

Head of Planning

Appendix 1

EXTRACTS OF THE ADOPTED LOCAL PLAN RELATING TO:

(A) MANAGING HOUSING LAND RELEASE, AND

(B) LAND NORTH OF UDIMORE ROAD, RYE

Managing land release

4.1 The Council is keen to avoid the unnecessary development of greenfield sites. While the allowances for both small and large windfall housing developments are regarded as realistic best estimates, there is, inevitably, the potential for windfall sites to be realised at a greater or lesser extent than anticipated. In terms of their timing, release should be prioritised over greenfield sites where this is realistic having regard to site circumstances and maintaining a continuity of supply across the District. The overall level of housing allocations includes an element of over-provision to cater for uncertainties, such as the rate of development on windfall sites. This provides a level of robustness to the Plan and helps to ensure a continuity of housing supply. The application of a phasing policy, as discussed below, will guard against an unwarranted scale of growth.

4.2 The approach to managing the delivery of housing in accordance with policy priorities is referred to as ‘Plan, Monitor and Manage’ This process provides a mechanism whereby the progress of planned development is regularly monitored and, if necessary, adjustments are made to increase delivery. It should both avoid unnecessary greenfield development and manage it in line with the Plan’s overall spatial strategy.

4.3 The contribution of previously developed land and buildings to the total additional housing provided is estimated to be 60% over the Plan period. It is expected to be higher in the early years as a consequence of both physical and planning policy restrictions affecting the timing of certain greenfield sites.

4.4 Policy GD2 and policies for specific sites seek to ensure that the release of land co-ordinates with the availability of infrastructure. The phasing policy, DS6, is intended to control the pattern and overall level of urban growth, as well as co-ordination with necessary infrastructure, in line with the overall spatial strategy and locational principles. It enables the managed release of allocated housing sites, especially in the event of a higher rate of windfall sites coming forward. The greenfield site off Udimore Road, Rye and the site at Grove Farm, Robertsbridge are considered to be the most appropriate sites to be subject to a planning constraint.

4.5 The Council will continually monitor the housing supply position, in particular the rate of dwelling starts and completions, the planning permissions for windfall sites, housing densities, affordable housing provision and progress on the Link Road timetable. This will be reported annually through the LDF Annual Monitoring Report, but may also be the subject of specific consideration in an intervening period if circumstances should warrant it. This may arise if the Link Road timetable were to change, prejudicing the level of development likely at the North East Bexhill strategic allocation.

4.6 Where sites come forward ahead of the provisions in the following policy, they are unlikely to be granted permission unless subsequent monitoring has shown that there is a need for early release. Given that the principle of development on both sites is established, and given the short time period of the Plan, the determination of whether to release either or both of the reserve sites being the subject of (iv) below will be a matter for the Full Council, having due regard to monitoring information. Any significant adjustments, such as the need for further housing allocations, will be addressed by an early review of the Plan, as part of the Local Development Scheme.

Policy DS6 The release of sites allocated for housing purposes in the Local Plan will be on the basis of the following criteria, the application of which will be informed by ongoing monitoring and annual reporting of the housing supply position:

(i) wholly or substantially previously developed sites in urban areas, as indicated in Table 3, will not be subject to phasing restrictions;

(ii) the strategic land releases at north-east Bexhill will not be subject to phasing restrictions other than required to ensure road capacity and the release of employment land, with priority to be given to the Policy BX2 area over the Policy BX3 area;

(iii) other greenfield sites not covered by (iv) below will be released to meet the housing requirement for the Plan period;

(iv) the following sites will only be released (i.e. granted planning permission) if found necessary to meet the Structure Plan housing requirements up to 2011:

(a) Land off Udimore Road, Rye

(b) Land adjacent to Grove Farm, Robertsbridge

NB: It is not anticipated that any of the sites at (iv) above would be released in advance of the consideration of the progress of housing development up to 2007/8, although the situation will be reviewed as part of the required on-going annual monitoring process.

Land north of Udimore Road

12.1 This is the only ‘greenfield’ site in Rye that is not the subject of any nature conservation designations nor is it within the High Weald Area of Outstanding Natural Beauty. Only a small part close to the northern boundary is within the flood risk area and this part could be put to recreational use or kept as informal open space.

12.2 The site is not unduly visible in the landscape, but care should be taken to mask ridge lines on the higher ground by sufficient tree planting along the north western boundary. It is estimated that at least 114 houses would be provided, although the exact extent of development would be determined following a full landscape assessment. A policy requirement would be that 40% of the dwellings are affordable.

12.3 Access to the site would be from a point beyond the outermost property on the north-west side of Udimore Road, via a mini-roundabout. Not only would this provide safe turning facilities for vehicles wishing to access the site, but could also act as traffic a calming measure at the entrance to the town.

12.4 There is already a link for pedestrians to walk towards the station and town centre. Therefore, any developer would be expected to contribute to improving the existing pedestrian facilities into the town centre. This will include crossing facilities on pedestrian ‘desire lines’. Developer contributions will be also be required towards the proposed access from Ferry Road to the Thomas Peacocke Community College Sports Hall and swimming pool.

12.5 However, as discussed at paragraph 12.17 above, the release of this site is subject to Policy DS6 in Section 4.

Policy RY5 Some 3.8 hectares of land north of Udimore Road, Rye is allocated for housing development. Access would be from Udimore Road opposite Cadborough Farm. The site is suitable for a minimum of 114 dwellings to be developed at a density of at least 30 dwellings per hectare, of which 40% are to be affordable. Developer contributions will be required towards improving existing pedestrian facilities into the town centre, including crossing facilities on ‘pedestrian desire lines’. Developer contributions will also be required for the new vehicular access (mini-roundabout) to Udimore Road, as well as the proposed access from Ferry Road to the Thomas Peacocke Community College, Sports Hall and swimming pool.