Main Modification 2 Chapter 4: The Development Strategy - new paragraph

We object to the exclusion of land at Breadsell Lane as a housing allocation, which is entirely contrary to the presumption in favour of sustainable development and the principle of 'positive' planning.

The Core Strategy 'Preferred Approaches' Document (2008) identified Mr Simmons' land at Breadsell Lane as part of a major Greenfield site that had genuine prospects to provide new homes during the Local Plan period. Within this Preferred Approaches Consultation there was an unambiguous acknowledgement by the Council that a development of this land would provide the very best opportunities for providing essential infrastructure, such as improved transport, community and recreational facilities. It was also acknowledged that a large site would provide opportunities for higher standards of sustainable design and construction, which would assist in combating climate change during the plan period. Essentially, the strategy that included Breadsell Lane was the most sustainable.

However, as a result of a Natural England objection, the Council abandoned its stance, deleted Breadsell Lane as a potential allocation and reduced the overall housing provision to compensate for the loss. This action was taken despite Mr Simmons' commitment to undertaking the monitoring requirements requested by Natural England and Natural England's letter of 10/04/12 that clearly states it should be possible to produce a strategy that does not change the current hydrological and hydrogeological regime of the site.

Taking this into consideration, we maintain our view that the removal of the site due to Natural England's objection has not been justified in evidence. Neither has a balancing exercise been undertaken to compare the undoubted benefits of a new residential development against the unknown risk facing the bryophyte population. This renders the emerging DPD 'unjustified' and therefore unsound.

Land at Breadsell Lane is the only large greenfield opportunity that is not located within a protected Area of Outstanding Natural Beauty. In this respect, paragraph 110 of the NPPF is clear that in preparing to meet development needs, plans should allocate land with the least environmental or amenity value. The prudent use of land at Breadsell Lane will be consistent with this aspect of the NPPF and will reduce the pressure to develop smaller urban sites that offer more to the local community. This matter is not in dispute, as documented by the fact that the site was well supported by the Council prior to the objection from Natural England.

In conclusion, we consider that the Council's decision to exclude land at Breadsell Lane without robust evidence has rendered the Plan unsound, as it no longer follows the most appropriate approach compared with the reasonable alternative. This, along with further failures in respect of not addressing the objectively assessed housing need for the area and a speculative housing land supply, results in a strategy that is neither positively prepared or in accordance with national planning policy.

Notwithstanding the above, we consider that the plan could be made sound through the reintroduction of land at Breadsell Lane as a housing allocation, or at the very least as a future reserve site. The inclusion of such an allocation will provide flexibility and ensure that the DPD is effective.

Rother District Council welcomes the inclusion of the additional text within the Strategy reflecting the model policy relating to the presumption in favour of sustainable development.

See attached.