Mid Sussex District Council 8Th February 2021 Emailed to Stuart.Malcolm@Midsussex.Gov.Uk

Home , Mid Sussex District, Rother District

Mid Sussex District Council 8th February 2021 Emailed to [email protected]

Dear Mr Malcolm,

DM/20/4692 30 homes on land south of St Stephens Church, Hamsland, Horsted Keynes

Thank you for your consultation on the above application.

Legal and Policy Background

It is the responsibility of the Local Planning Authority to decide whether the application meets legislative and policy requirements in respect of AONBs. Section 85 of the Countryside and Rights of Way Act 2000 requires local authorities to have regard to ‘the purpose of conserving and enhancing the natural beauty of AONBs’ in making decisions that affect the designated area.

The National Planning Policy Framework paragraph 172 requires great weight to be given to conserving and enhancing landscape and scenic beauty in Areas of Outstanding Natural Beauty, which have the highest status of protection in relation to landscape and scenic beauty. The conservation of wildlife and cultural heritage are important considerations in all these areas. The scale and extent of development within these designated areas should be limited.

In the event that the decision-maker concludes that development is ‘major’ in terms of its impact on the AONB, paragraph 172 of the NPPF states that “Planning permission should be refused for major development55 other than in exceptional circumstances, and where it can be demonstrated that the development is in the public interest. Consideration of such applications should include an assessment of:

Footnote 55 says: “For the purposes of paragraphs 172 and 173, whether a proposal is ‘major development’ is a matter for the decision maker, taking into account its nature, scale and setting, and whether it could have a significant adverse impact on the purposes for which the area has been designated or defined”. It is recommended that the case officer undertakes a clear and transparent assessment of whether the proposal is major development, using the key characteristics and landscape components of the AONB as set out in the Management Plan.

The High Weald AONB Management Plan has been adopted by all the relevant local authorities with land in the AONB as their policy for the management of the area and for the carrying out of their functions in relation to it, and is a material consideration for planning applications. The Management Plan includes a commitment from the Joint Advisory Committee partners (including the Local Planning Authorities) that they will use the Management Plan as a ‘checklist’ against which to assess the impact of policies and other activities on AONB purpose to fulfil the requirements of the Countryside and Rights of Way Act 2000, s85. A template to assist with this assessment is provided in the Legislation and Planning Advice Note.

The Proposal

The proposal is for the erection of 30 dwellings (30% affordable) with a mix of dwelling types including 1 bed apartments and 2, 3 and 4 bed houses. The site is a proposed allocation for 30 homes in the Mid Sussex Site Allocations DPD which has recently been submitted for examination (Policy SA 29). The stated objective of this policy is “To deliver a high quality, landscape led, sustainable extension to Horsted Keynes, which respects the character of the village and the High Weald AONB, and which is comprehensively integrated with the settlement so residents can access existing facilities”.

Analysis Against the High Weald AONB Management Plan

The attached plan shows the AONB Landscape Components represented on and around the application site. The following Management Plan key characteristics, objectives and proposed actions are considered relevant to this proposal.

Geology, Landform, Water Systems and Climate Relevant Key Characteristics A pattern of faults and folds that distinguishes the Weald from the rest of the South and East of England, with a high concentration of springs associated with fault lines. Soils that are distinguished by their variability over short distances – mostly heavy and poorly drained with some coarse-grained, light and free draining.

The High Weald Joint Advisory Committee is a partnership between: East Sussex, West Sussex, Kent and Surrey County Councils; Horsham, Mid Sussex, Tandridge, Sevenoaks, Wealden and Rother District Councils; Tunbridge Wells, Hastings, Ashford, Crawley and Tonbridge & Malling Borough Councils; Defra; and organisations representing farming, forestry, community, business and recreation interests. Relevant Objectives G2 To protect and enhance soils, sandstone outcrops, and other important landform and geological features. Rationale: In order to conserve soil health, landform and geology on which the High Weald’s character depends, and maintain nationally important geological exposures, allowing for erosion where appropriate, conserving the fern, moss and liverwort communities they support and protecting their value as significant sites of prehistoric archaeology in the AONB. G3 To help secure climatic conditions and rates of change which support continued conservation and enhancement of the High Weald’s valued landscape and habitats. Rationale: In order to reduce locally arising greenhouse gas emissions and allow the High Weald to play its role in mitigating climate change. Relevant Proposed Actions Tailor sustainable drainage systems (SuDS) to the landscape character of the High Weald, being aware of possible impacts on vulnerable heritage assets, and considering grey water recycling schemes. Ensure best practice is complied with to protect soils during construction from compaction, pollution and erosion… Protect undisturbed soils and minimise sterilisation of soils by permanent impermeable surfaces. Avoid substantive alterations to landform in development. Encourage all new habitable buildings to be constructed using ultra- low energy building techniques, with landscape-sensitive on-site renewable energy generation where appropriate. Maximise local timber use in construction. Settlement Relevant Key Characteristics Villages and towns of Medieval origin located at historic focal points or along ridge top roads; typically open areas used for meeting places and trade… Villages and hamlets typically unlit contributing to intrinsically dark landscapes. A limited palette of local materials: clay as tiles and brick, timber as weatherboard and framing, and some localised instances of stone. Green-ness of roads and streets with trees, hedges and verges dominant. Relevant Objectives S2 To protect the historic pattern and character of settlement. Rationale: To protect the distinctive character of towns, villages, hamlets and farmsteads and to maintain the hinterlands and other relationships (including separation) between such settlements that contribute to local identity. S3 To enhance the architectural quality of the High Weald and ensure development reflects the character of the High Weald in its scale, layout and design. Rationale: To protect and enhance the character and quality of buildings in the High Weald, and re-

The High Weald Joint Advisory Committee is a partnership between: East Sussex, West Sussex, Kent and Surrey County Councils; Horsham, Mid Sussex, Tandridge, Sevenoaks, Wealden and Rother District Councils; Tunbridge Wells, Hastings, Ashford, Crawley and Tonbridge & Malling Borough Councils; Defra; and organisations representing farming, forestry, community, business and recreation interests. establish the use of local materials as a means of protecting the environment and adding to this distinctiveness. Relevant Proposed Actions Require developments to maximise measurable gains for biodiversity and opportunities for birds, bats and other wild native species in the design of buildings, curtilages and open spaces. Make space for wildlife to thrive around buildings, gardens and urban spaces. Ensure there is reference to the AONB Management Plan in local plans and other public documents, and ensure its use as material consideration in planning decisions Seek to prioritise the delivery of new housing primarily through small-scale development and a mix of housing sizes that responds to local needs Promote the High Weald Design Guide and apply to housing development in the AONB… Promote and utilise the High Weald Guidance on the Selection and Use of Colour in Development. Support innovation in timber technology and its use in construction. Use local fencing materials or native planting for boundaries Reflect local landscape character and use of local provenance species in new landscaping scheme ensuring improved connectivity. Routeways Relevant Key Characteristics A dense radiating network with a variety of origins including: Droveways, used for moving livestock, radiating out to pre-historic sites on the edge of the Weald. Relevant Objectives R1 To maintain the historic pattern and features of routeways. Rationale: To maintain a routeway network that has a symbiotic relationship with settlement location, hinterlands and identity, and is a rare UK survival of an essentially Medieval landscape; and to protect the individual archaeological features of historic routeways. R2 To enhance the ecological function of routeways. Rationale: To protect, and improve the condition of, the complex mix of small scale habitats along routeways for wildlife, and maintain routeway boundaries as part of a highly interconnected habitat mosaic. Relevant Proposed Actions Give consideration to the historic alignment of roads, tracks and paths in decision making and ensure that routeways are recognised as non-designated heritage assets in the planning process. Woodland Relevant Key Characteristics Many irregularly-shaped small woodlands interlinked with shaws, thick hedges and wooded sunken lanes; forming an intimate part of the farmed landscape. Wood-pasture and parkland, mostly originating from once extensive historic deer parks supporting veteran/ancient trees and their associated wildlife. Trees used for boundary markers (including outgrown old laid hedges; stubs and pollards).

The High Weald Joint Advisory Committee is a partnership between: East Sussex, West Sussex, Kent and Surrey County Councils; Horsham, Mid Sussex, Tandridge, Sevenoaks, Wealden and Rother District Councils; Tunbridge Wells, Hastings, Ashford, Crawley and Tonbridge & Malling Borough Councils; Defra; and organisations representing farming, forestry, community, business and recreation interests. Relevant Objectives W1 To maintain the existing extent of woodland and particularly ancient woodland. Rationale: To maintain irreplaceable habitats for biodiversity, to maintain a key component of the cultural landscape, and to maintain contribution to carbon storage. W2 To enhance the ecological quality and functioning of woodland at a landscape scale. Rationale: To increase the viability of the woodland habitat for wildlife, by identifying and extending the area of appropriately managed woodland (including restoring plantations on ancient woodland) to link and enhance isolated habitats and species populations, providing greater connectivity between woodlands and other important wildlife areas, and helping to facilitate species’ response to climate change. Relevant Proposed Actions Support locally grown and local provenance stock for tree planting and avoid imported stock or soil. Promote UK tree and plant health biosecurity policies .. In planning conditions and public procurement, where possible, specify local timber for outdoor furniture, fencing and weatherboard Choose fencing and gates made from local timber such as chestnut post-and-rail fencing and hazel or chestnut hurdles. Field and Heath Relevant Key Characteristics Medieval character dominant with a high proportion of field systems created by assarting (woodland clearance) with sinuous mixed woody boundaries and thick hedges common. Boundary ditch and bank features typical, along woodland edges or topped with hedges and veteran trees. Relevant Objectives FH2 To maintain the pattern of small irregularly shaped fields bounded by hedgerows and woodlands. Rationale: To maintain fields and field boundaries that form a part of the habitat mosaic of the High Weald; and to maintain this key component of what is a rare UK survival of an essentially Medieval landscape. FH3 To enhance the ecological function of field and heath as part of the complex mosaic of High Weald habitats. Rationale: To improve the condition, landscape permeability and connectivity of fields and heaths and their associated and interrelated habitats (such as hedges, woodlands, ditches, ponds and water systems) for wildlife. FH4 To protect the archaeology and historic assets of field and heath. Rationale: To protect the historic environment of the AONB other than the pattern of fields: i.e. the individual archaeological features. Relevant Proposed Actions Give great weight to medieval field systems in planning decisions especially where there is a high degree of intactness and strong presence or relationship with other notable landscape and heritage features. Require development masterplans to protect and enhance existing field patterns including hedges, ditches or other boundary features,

Comments on Impacts

The use of the High Weald Housing Design Guide to inform the design is welcomed. The following detailed comments are provided on the proposed design: • The existing trees and hedgerows on the site boundaries are particularly important in their own right as biodiversity assets and for their function in softening views into the site from the surrounding countryside. Care should be taken to ensure that these trees are not damaged by the proposed development (particularly to gain access to the site) and that the dwellings and their gardens are not located in such a way that occupants will want to remove or significantly prune these trees in the future. • The High Weald Housing Design Guide and the draft criteria for the policy both stipulate that open sustainable drainage systems such as ditches and ponds should be used in preference to underground storage of water. It is disappointing that this is not reflected in the design. It is recommended that this is amended by placing a pond at the lowest point of the site to provide multiple benefits to water management, wildlife and the appearance of the development. • At the eastern end of the site is an area next to a turning head marked ‘Ecology Area (tussocky grassland)’ and ‘Calor Gas’. The area is too small to be managed effectively for ecology and appears more as an area of ‘left over’ space, a practice discouraged within the Design Guide. • The reference to Calor Gas is queried as it is unsustainable to build new houses that are dependent on fossil fuel when they could use solar energy and/or air source heat pumps for hot water, heating and cooking that could become carbon neutral once the National Grid is decarbonised. The Sustainability Statement submitted with the application does not address this issue.

In the event that the Local Planning Authority considers that the development is acceptable in principle, it is recommended that the following detailed requirements are met: • The High Weald Colour Study should be used to select the colours of external materials of structures and hard surfacing so that they are appropriate to the setting of the High Weald AONB landscape (Management Plan objective S3); • Local habitats and species should be protected and enhanced as appropriate and conditions applied to prevent loss of existing habitats including hedgerows (Management Plan objectives G3, R2, W1, W2, FH2, and FH3); • Native, locally sourced plants should be used for any additional landscaping to support local wildlife and avoid contamination by invasive non-native species or plant diseases (Management Plan objective FH3); and • Controls over lighting should be imposed (Institute of Lighting Professionals recommended light control zone E1) to protect the intrinsically dark night skies of the High Weald (Management Plan objective OQ4).

The above comments are advisory and are the professional views of the AONB Unit’s Planning Advisor on the potential impacts on the High Weald landscape. They are not necessarily the views of the High Weald AONB Joint Advisory Committee.

Yours sincerely,

Claire Tester MRTPI Planning Advisor, High Weald AONB Unit Advising on the management of a nationally important landscape, part of our Natural Health Service

The High Weald was designated in 1983 as an Area of Outstanding Natural Beauty. It is an exceptionally beautiful medieval landscape covering 564 square miles across the counties of East and West Sussex, Kent and Surrey.

The High Weald AONB Joint Advisory Committee is a partnership established in 1989 of 15 local authorities, Defra, Natural England and organisations representing farming, woodland, access and community interests. The JAC is responsible for publishing and monitoring the statutory AONB Management Plan. The JAC is supported by a small, dedicated staff team, the High Weald AONB Unit, which provides advice on how to conserve and enhance the AONB. The advice provided by the AONB Unit assists public bodies and statutory undertakers to meet their duty as set out in Section 85 of the Countryside and Rights of Way Act 2000 to have regard to the purpose of conserving and enhancing the natural beauty of AONBs in making decisions that affect it.

Unlike National Park authorities, the High Weald AONB Unit is not a statutory body but an advisory one. It is not a local planning authority and the responsibility for determining planning applications remains with the 15 local authorities. The AONB Unit is not a statutory consultee on planning matters and it remains each local planning authority’s decision whether or not they seek its advice on a particular planning application.

The scope of the advice in this letter is set by the statutory High Weald AONB Management Plan, which has been adopted by all partner authorities, as ‘their policy for the management of the area and for the carrying out of their functions in relation to it’.