This page has been set up to keep residents up to date with the meetings and information the Parish Council have about the Westfield Down Development. A Working Group has been set up to ascertain the facts about what is happening with the development.
Latest News
- In July 2023 Southern Housing had submitted planning applications to vary condition one of the original planning permission and brought back the proposed s106 deed of variation that had been taken off of the April planning committee agenda. At the meeting Southern Housing announced that they felt the application should be deferred so they could speak to Westfield Parish Council.
- Southern only submit a s106 deed of variation which would have been heard at the April 2023 planning committee. The Parish Council despite being signatories, were told that Rother’s constitution didn’t allow Parish Council’s to speak on such items and the District Cllr would need to do this. The Parish Clerk pointed out that it was the ‘pre-election’ period and considering how political the site had become it would be likely that Cllr Maynard would be unintentionally breaking pre-election rules if he spoke on this matter. it was also pointed out that condition one of the original planning application would also need changing. The planning application was removed from the agenda and postponed until a later date.
- In January 2023 Rother DC and Southern Housing finally agreed to meet with The Chairman and Clerk of the Parish Council. In the meeting Southern confirmed they intended to build out the site at 100% affordable at a mix of affordable rented and shared ownership. The Council requested that open market housing be included but it was said this was not possible. They confirmed Rother originally agreed to Southern Housing delivering 100% affordable rent on site.
- Westfield PC write to Rother DC in August 2022 asking for a mediation session to help move forward and discuss the current situation in relation to Westfield Down. The then CEO turns this request down and only offers a ‘walk around’ session that is being offered to all of the Parishes. It was highlighted that due to the current situation such a session would not be suitable to discuss matters which needed a sit down meeting. The request was again refused so the Parish Council only had this option. The meeting although useful in other ways didn’t address the key issues that needed to be discussed around Westfield Down.
- After numerous legal letters between Rother DC and Westfield PC (over 10 in total) Rother in May 2022 wrote to the Parish Council to confirm that “In regard to an alleged anticipatory breach of planning control (if Southern Housing built out the site at 100% affordable housing), the Council accepts that as matters currently stand, were a scheme at Westfield Down to be built out to 100% affordable housing, it is likely that there would be a breach of a both the Planning Permission (condition 1) and the accompanying s106 Agreement.
- A planning application was submitted to Rother RR/2021/979/P – “Proposed modification of Planning Obligation relating to planning permissions RR/2009/322/P, RR/2007/545/P, and RR/2011/2114/P to modify the wording of the Third Schedule in relation to Part 1 Affordable Housing, and to modify the wording of the Fourth Schedule in relation to The Nomination Agreement.” The Parish Council objected to this application as signatories of the s106 and as no additional planning application to vary the original tenancy plan RR/2009/322/P. This application was finally WITHDRAWN.
- Working Groups will look to meet in early 2022 due to the current workload of the Parish Clerk. Land at Westfield Down is due to be handed over tot he Parish Council around March 2023 which gives a good timeframe for the groups to work to.
- The Parish Council is continuing to work with Westfield Football Club about the lease and handover of the new senior football pitch also scheduled to be ready by March 2023.
- Westfield Parish Council in November 2021 wrote to Rother DC to outlined the legal position written by legal counsel. In summary they concluded:
- (1) The proposed development of a 100% affordable housing development would be unlawful as it would breach a condition attached to the reserved matters approval for the Site which requires the development to be carried out in accordance with approved plans which show a development providing 40% affordable housing.
- (2) It would also be in breach of an agreement under section 106 of the Town and Country Planning Act 1990 (“the 1990 Act”) for the Site which again provides for a development of 40% affordable housing, and not a wholly affordable housing scheme.
- (3) The Council has power to enforce both the breach of condition and the breach of the section 106 agreement. Failure to take enforcement action is amenable to judicial review.
- Court Development commissioned a FWAG report to look at the environmental impact and potential options for helping to rebuild the environmental corridors and biodiversity on site, This included may features to improve hedgerows, building out existing woodland sites to build back some of the lost habitat. Whilst Court Developments and Southern Housing have decided not to carry out any of these improvements the Parish Council will look to use the document as a blueprint for increasing the biodiversity on the site. To view the report please click here.
- The Parish Council held a public meeting with Rother District Council Officer and Elected District Members on the 14th July 2021. Minutes of the meeting can be found here. In summary the officers from Rother confirmed that what Southern Housing wished to do i.e. turn the site into 100% affordable was fully legal to do so. This was backed up from an email from a rother officer stating “You will recall that the affordable housing provision secured by the s106 Agreement totalling 15.6 dwellings requires a 50;50 tenure mix. The revised mix now fully complies with the original terms.” The Parish Council strongly rejected these claims and sought legal advice to ensure the site is delivered at a 60 % open market and 40% affordable housing mix.
- The Parish Council is waiting for a further meeting with Optivo.
- The Parish Council has put in an Freedom of Information (FOI) request to Rother. Although some initial information has been received the Parish Council are waiting for a full response to their request.
- The Parish Council met with a Rother Planning Officer and Court Developments to discuss the development of the site to date. A report and information from that meeting will be presented at the next Full Council meeting on the 30/06/2021.
- The Parish Council has met with Westfield Football Club to start discussions about the new Senior Football Pitch being built at Westfield Down.
Westfield Parish Council 