Stop EXMO20

Strategic Planning Committee

11 September 2024

Site selection continues.

Morning recording ▶ · Afternoon recording ▶ · agenda and papers · official minutes (PDF on the council website)

Summary of our findings

Not discussed. Exmouth is mentioned only in passing: as the top-tier settlement in the hierarchy, and as the largest town by population. The general statements on housing numbers, the lack of settlement targets, 'move on' voting and replacement sites still apply to how EXMO20 was later handled.

  • EXMO20 and Exmouth sites were not on the agenda. The meeting dealt with Sidmouth, Sidbury and Newton Poppleford (morning) and Seaton, Colyton, Beer, Branscombe and Uplyme (afternoon).
  • Officers reported a requirement of 20,812 homes, with headroom of about 1.2% (later 'nearer two percent') against a 10% aim. They said there were no settlement targets and that sensitive locations would have to be used.
  • Sites not taken forward were voted 'move on' rather than rejected, on the planning solicitor's legal advice, with a final rejection vote planned at the end of the process.
  • Allocated: Sidm_06a (vote 7-3-1), Sidm_31, Sidm_32a, Sidm_34a (6-3-2), Seat_02, Seat_03, Seat_05 (6-2-1), Seat_13a and Coly_02a (4-2).
  • Against officer recommendation, the committee moved on from Sidm_29 (employment land, 7-2-2) and Coly_02b. All Newton Poppleford, Beer, Branscombe and Uplyme sites were moved on.
  • Recurring issues: flooding and drainage at Seaton, green wedges, national landscape, highways access, school capacity and sewage. Officers and the chair said these were mostly matters for the planning application stage.
  • The committee agreed the council's response to the government's NPPF consultation (agenda item 8) by majority, with two abstentions. Officers said a five-year land supply is needed at adoption for the plan to be sound.

EXMO20 is named 0 times in the transcript of this meeting.

What the Minutes Missed

Minutes are a summary, not a word-for-word record. Below are points from the recording that matter for EXMO20 or the Local Plan, set against what the official minutes say about them. Judge for yourself: each clip opens at the moment it was said.

Housing numbers and headroom shortfall reported at the start of the Sidmouth item

Important Not in the minutes · Ed Freeman (officer) · Morning 00:08:00 ▶

Said in the meeting“which is the overall housing requirement figure which is 20,812 dwellings across the planned period and we reported that we were seeking to achieve a 10% headroom on that which would obviously be a total of 1,828 dwellings we currently have a headroom of only 253 dwellings or 1.2%”
The minutesThe committee considered the proposed site allocations for Sidmouth and surrounding areas, as set out in these minutes

The district-wide requirement and the size of the shortfall were the stated background to every allocation decision. The minutes give no figures.

Officer: target cannot be met without allocating in sensitive locations

Important Not in the minutes · Ed Freeman (officer) · Morning 00:09:43 ▶

Said in the meeting“so we do need to be mindful of while those designations might be seen as reasons to reject sites we are not going to meet our housing target unless we accept that we are going to have to allocate in some of those sensitive locations”
The minutesNot recorded in the minutes.

Officer advice on how designations (green wedges, coastal preservation areas, national landscape) should be weighed against housing numbers. It frames the site-selection approach but is not in the minutes.

'Move on' votes are in effect votes to reject

Important Minutes much briefer · Cllr Todd Olive (Chair) · Morning 00:22:29 ▶

Said in the meeting“worth mentioning perhaps for the benefit of the public the vote you've just seen is in effect a vote to reject as we have to meet the numbers or the plan is going to be dead on arrival at regulation 19 stage on the basis of legal advice we're not using a wording to vote to explicitly reject today”
The minutesCommittee agreed to move on to the next site allocation.

The minutes record only 'move on'. They do not say that this was in effect a rejection, done this way on legal advice, with a formal rejection vote planned at the end of the process.

NPPF response: transitional arrangements to plan for a lower housing requirement

Important Not in the minutes · Ed Freeman (officer) · Morning 02:21:25 ▶

Said in the meeting“as members are aware, this introduces various transitional arrangements that will potentially come forward in terms of how this is implemented. uh and we're looking to utilize those uh transitional arrangements to bring forward a plan with a lower housing requirement than we would otherwise need to”
The minutesMembers considered the report that set out the proposed responses to the government consultation on changes to the National Planning Policy Framework.

States the officers' approach to the housing requirement under the new NPPF transitional rules, which affects the number of homes the plan must allocate. The minutes do not record it.

Officer: sites not allocated must be replaced elsewhere, possibly in national landscape

Important Not in the minutes · Ed Freeman (officer) · Afternoon 00:06:41 ▶

Said in the meeting“so if those sites are not found to be favorable then we will need to find other locations where they can go and those could be more significant in terms of their constraints and that they could be national landscape which is a much higher level of protection on a national scale of importance in terms of the landscapes”
The minutesThe committee considered the proposed site allocations for Seaton and surrounding areas, as set out in these minutes

In the same answer the officer put headroom at 'probably nearer two percent' against a recommended 10%. Officer advice that rejected sites need replacing is relevant to how later replacement sites were looked for.

Legal advice from the planning solicitor on 'move on' wording

Important Not in the minutes · Cllr Todd Olive (Chair) · Afternoon 00:17:30 ▶

Said in the meeting“the legal advice we've had from mr hunter our planning solicitor is that rather than voting to uh reject sites explicitly this afternoon committee should instead be voting to as we're terming it move on and then round up the process at the end with a rejection of all the sites that we choose not to allocate”
The minutesNot recorded in the minutes.

Legal advice given in public on how votes were framed. The chair said that rejecting sites at this stage would 'tie committee's hands'. The minutes do not record the advice or the planned final rejection vote.

Strategic flood risk assessment of specific sites still ongoing

Important Not in the minutes · Ed Freeman (officer) · Afternoon 00:31:35 ▶

Said in the meeting“the strategic flood risk assessment is phase one of that work has been completed but assessment of specific sites is ongoing. I'm not aware of any particular issues coming out of that work that are relevant to this site though.”
The minutesNot recorded in the minutes.

An officer stated during the Seat_02 debate that site-level flood risk evidence was still in progress when sites were being allocated. The minutes do not record the question or the answer.

Seat_05: officer advice on the earlier appeal and lack of alternative sites

Important Not in the minutes · Ed Freeman (officer) · Afternoon 01:22:13 ▶

Said in the meeting“but circumstances have changed in terms of the availability of alternative sites, better alternative sites and we simply don't have sites that are less harmful than this to allocate at this time whereas in the past and at the time of that appeal decision we did have alternative sites and we were meeting our housing needs through those alternative sites”
The minutesCommittee endorsed the recommendation to include Seat_05 in the site allocation.

Officer advice on alternative sites, given before the 6-2-1 vote to allocate Seat_05 (partly in the green wedge, and the subject of an earlier appeal decision). The minutes do not record this advice or the vote count.

Coly_02b: brought in from second-choice site to make up numbers

Important Not in the minutes · Ed Freeman (officer) · Afternoon 02:11:49 ▶

Said in the meeting“And because this isn't a national landscape, although it would be harmful to the landscape, we reluctantly had to move from this being what was previously, I think, a second choice site in terms of 2B to bring it in as a recommended allocation to help to adjust the numbers.”
The minutesRecommendation: Coly_02a Allocate & Coly_02b Allocate

Explains a site-selection change driven by numbers. At 02:11:07 the officer also said sites in national landscapes were being proposed elsewhere 'in order to make up the numbers'. Not in the minutes.

No settlement targets; officer recommendations already short of the total

Not in the minutes · Ed Freeman (officer) · Morning 00:08:47 ▶

Said in the meeting“there are as the chair says there are no targets for specific settlements it's about trying to bring forward as many sites through this process as we can starting from a position where the officers recommendations would already leave you short of where we need to get to”
The minutesNot recorded in the minutes.

States that there were no per-settlement housing targets. Relevant to any later argument that a site in a particular town (such as Exmouth) is needed to meet a town figure.

Chair: infrastructure capacity is not in law a reason not to allocate

Not in the minutes · Cllr Todd Olive (Chair) · Morning 00:10:23 ▶

Said in the meeting“have problems throughout the district we know we have problems with sewage with dentists with GPs with schools and the list could go on those unfortunately aren't problems that we can solve today nor are they in law reasons that we can give not to allocate as far as planning law is concerned”
The minutesNot recorded in the minutes.

Sets out how the committee was told to treat sewage, GP, school and similar objections, which many speakers raised. The chair added that capacity issues are a reason to phase development instead.

Highways advice on access is 'in principle' only

Not in the minutes · Ed Freeman (officer) · Morning 02:07:58 ▶

Said in the meeting“so we're kind of in their hands but um we have to trust that the highway authority have done the homework and due diligence and our consent that in principle that it can be made acceptable”
The minutesNot recorded in the minutes.

Said during the Sidm_34a debate on access. Cllr Hayward then asked for more detailed highways responses, and the chair said a paper could be brought (02:09:26). Neither the advice nor the follow-up is minuted.

Who attended

From the council's own attendance record for this meeting. Members of the public who spoke are not named here.

Chair and vice-chair (2)

  • Councillor Mike Howe – Vice-Chair
  • Councillor Todd Olive – Chair

Committee members present (9)

  • Councillor Jessica Bailey
  • Councillor Kevin Blakey
  • Councillor Colin Brown
  • Councillor Olly Davey
  • Councillor Paul Hayward
  • Councillor Ben Ingham
  • Councillor Dan Ledger
  • Councillor Yehudi Levine
  • Councillor Helen Parr

Committee members who sent apologies (4)

  • Councillor Brian Bailey
  • Councillor Bethany Collins
  • Councillor Paula Fernley
  • Councillor Geoff Jung

Other councillors attending (10)

  • Councillor Paul Arnott
  • Councillor Ian Barlow
  • Councillor Jenny Brown
  • Councillor Christopher Burhop
  • Councillor Roy Collins
  • Councillor Peter Faithfull
  • Councillor Mike Goodman
  • Del Haggerty
  • Councillor Marcus Hartnell
  • Councillor Marianne Rixson

Officers (5)

  • Wendy Harris
  • Ed Freeman
  • Damian Hunter
  • Keith Lane
  • James Coles

Notes on the recording

  • Not listed above but also absent from the minutes: Cllr Howe (afternoon 00:48:12) said reduced sites must be replaced by others 'in the approximately same area'; the chair (morning 02:07:23) said a yes vote 'makes it vastly more likely than not' a site will be allocated; the officer (morning 02:27:54) referred to legal advice that the council 'all but need to apply the tilted balance'; and the officer promised (afternoon 02:26:45) to get a definitive answer from Devon County on the Coly_06 school site.
  • The minutes give no vote counts for the split votes: Sidm_29 7-2-2, Sidm_06a 7-3-1, Sidm_34a 6-3-2, Seat_05 6-2-1, Seat_09 (five in favour), Coly_02a 4-2 and Coly_02b 4-2.
  • The full minute for Sidm_29 says the motion to move on was 'against officer recommendation'. The Coly_02b minute does not say this, although officers recommended allocating it.
  • The minutes record a statement from the ward member, Cllr Loudoun, being read out for Sidm_12, Sidm_13, Sidm_14 and Sidm_30. In the recording, his comments are read out only for Sidm_29 (00:45:02) and Sidm_34 (01:48:19). For Sidm_12 the chair says the only registered speaker was the town council representative (00:22:59).
  • At the start of the afternoon (00:02:22) a ward member (Cllr Hartnell) declared an interest on Seat_05, which relates to a live planning application. The declarations minute lists only Cllrs Ledger and Hayward.
  • Minute 144 says 'There were no public speakers'. This is correct for the general public-speaking slot, but many public speakers spoke on individual sites. Minute 149 has 'Sidm_35b' where Sidm_34b seems to be meant.
  • Recording gaps match breaks: morning 01:24:55 to 01:32:40 (break), and short silences around 01:32:51 to 01:35:49. Afternoon 01:26:57 to 01:36:29 (comfort break). The morning starts at 00:01:07, and Mr Freeman's first words at 00:06:52 to 00:07:02 are missing. The transcript is generally readable, but names are often misspelt (e.g. 'Seton', 'Howell', 'Mr Freedom').