Stop EXMO20

Strategic Planning Committee

20 September 2024

Site selection continues.

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

Summary of our findings

EXMO20 was not discussed. Exmouth came up only in passing. The officer referred back to the Exmouth meeting about 10 days earlier and said that Exmouth developments 'end up being out on the periphery of the town'. Cllr Brian Bailey cited Exmouth and 'the prospect of being built right up to the Pebble Bed Heaths' as harm the council had to accept. Several general statements bear on EXMO20: the 'move on' legal advice, the 'least worst sites' remark, the headroom shortfall, the evidence promised for Regulation 19, and the HRA approach.

  • EXMO20 was not on the agenda. Exmouth came up only in passing: an officer said Exmouth's new sites tend to sit on the edge of town, and a councillor spoke of the 'prospect' of building 'right up to the Pebble Bed Heaths'.
  • This was a site-selection meeting for the Regulation 19 draft plan, covering Honiton and Gittisham, Dunkeswell, Axminster, Kilmington, Musbury, Hawkchurch and Chardstock. Each site was either allocated or the committee 'moved on'.
  • The Chair explained that 'moving on' was not an outright rejection. On legal advice, sites could be revisited at a 'wrap-up' meeting in mid-October if the government-mandated housing numbers were not met.
  • The officer said the plan was short of its target headroom. It stood at about 3-4% at most, against the 10% officers had suggested, so more homes were needed than officers were recommending.
  • Allocated: Gitti_03, Gitti_04, Honi_06, Honi_07, Honi_10, Honi_13, Honi_14, GH/ED/39a, Dunk_05 (after a split vote), GH/ED/83, Axmi_01a, 02, 07, 08, 09, 10, 11c, 12, 17, 18, 22 and 23 (mixed use), Kilm_09b, Kilm_10, Musb_01a and Char_04a.
  • Moved on but to be brought back after more officer work: Gitti_05a/b, Honi_12, Honi_15 (only the central field was considered; the two late-submitted adjoining fields await legal advice) and Hawk_01 (to come back as a much smaller allocation).
  • Moved on from GH/ED/80, which is mostly allocated in the current adopted plan. The officer warned this could be challenged at examination.
  • Officers said several pieces of evidence would come later: the national-landscape 'exceptional circumstances' assessments, the habitat regulations assessment (River Axe phosphates), the water cycle study, the infrastructure delivery plan and the settlement boundaries.

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.

Meaning of 'move on' and the legal advice behind it

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

Said in the meeting“…now that motion's been effectively means that we are rejecting the site today we are not outright rejecting it as far as the entire process is goes that's on the basis of legal advice that says if we can't meet our government mandated numbers by the end of the process we may have to revisit some of these sites”
The minutesNot recorded in the minutes.

This shows that site decisions at this stage were described as not final, on legal advice, and could be revisited. The Chair repeated the point in the afternoon at 00:09:02.

Commitment that the Regulation 19 plan will have its evidence base and will flag problems

Important Not in the minutes · Ed Freeman (officer) · Morning 00:46:16 ▶

Said in the meeting“we will have to have the evidence base in in place so if there are any currently unforeseen issues in terms of the designation of those sites and obviously we would draw members attention to that when the regulation 19 plan comes through so that members can we consider”
The minutesNot recorded in the minutes.

The officer committed that the evidence would be in place at Regulation 19 and that problems would be flagged so members could reconsider. This bears on how later evidence on any site, including EXMO20, was reported.

'Least worst sites', including some that failed assessments

Important Not in the minutes · Ed Freeman (officer) · Morning 00:54:45 ▶

Said in the meeting“we're in a situation in terms of meeting housing numbers of having to allocate the least worst sites and some of them unfortunately uh failed in a number of areas um but we don't have anywhere better to allocate”
The minutesNot recorded in the minutes.

The officer said sites that failed in a number of areas were being allocated because of the housing numbers. This is relevant to how site selection and alternatives were weighed.

Housing headroom well short of the 10% officers had suggested

Important Not in the minutes · Ed Freeman (officer) · Morning 01:01:09 ▶

Said in the meeting“…so we're probably creaking to three or four percent at the most probably less than that think about it um so you know we don't have the 10 headroom or anything close to um that we were suggesting was needed uh so we are short of numbers and need to find more than just what as officers we're recommending…”
The minutesNot recorded in the minutes.

This gives the running housing position after earlier meetings, including the Exmouth one. The shortfall is against the headroom officers suggested; the minutes give no numbers at all.

Allocating without evidence a constraint can be overcome risks soundness at examination

Important Minutes much briefer · Ed Freeman (officer) · Morning 01:13:45 ▶

Said in the meeting“I think the risk is that we don't have the evidence in terms of the flooding to know that that can be overcome and addressed, whether that would go to the soundness of the plan as a whole. I mean, it's about an individual site and the soundness of that allocation, which would be potentially an issue at examination…”
The minutesThe committee were reminded the site was within the built up settlement boundary and could come forward as a windfall site if the flooding issues were addressed.

On Honi_05, the officer advised that an allocation without supporting evidence could be challenged at examination, especially if a statutory body objected. The minutes do not record this soundness advice.

Councillor refers to Exmouth building 'right up to the Pebble Bed Heaths'

Important Not in the minutes · Cllr Brian Bailey · Morning 02:15:47 ▶

Said in the meeting“so I think there's less harm in building there than other places which I know very well, I'll mention Exmouth again which is the prospect of being built right up to the Pebblebed Heaths which is normally wouldn't even be considered but we have to consider these sites and we have to bite the bullet…”
The minutesNot recorded in the minutes.

A committee member described Exmouth development next to the Pebble Bed Heaths as something that 'normally wouldn't even be considered'. This is the most direct reference at this meeting to the area containing EXMO20.

Habitats (River Axe phosphates): solutions assumed; HRA still needed

Important Minutes differ · Ed Freeman (officer) · Afternoon 00:20:10 ▶

Said in the meeting“…because I think we have to assume that we will be able to deliver the mitigation that's needed and obviously in terms of the acceptability of the Local Plan we will need to be able to do a Habitat Regulations assessment that demonstrates that we can make that acceptable”
The minutesAs the Local Plan would run from 2020 to 2042 it was to be assumed that solutions would be found to mitigate these issues during the early years of the plan.

The minutes do not record several points. The officer said a habitat regulations assessment was still needed for the plan, and that the issue did not 'inform' sites or quantum. The words 'early years' are not in what he said.

Removing a currently allocated site risks challenge at examination (GH/ED/80)

Important Not in the minutes · Ed Freeman (officer) · Afternoon 02:15:28 ▶

Said in the meeting“…there's potential for challenge there through the examination of the plan we're basically taking out a site that we previously said was acceptable”
The minutesNot recorded in the minutes.

The officer advised that dropping a site allocated in the adopted plan could be challenged at examination. The minutes record only the ward members' objections and the decision to move on, which was unanimous.

Exceptional circumstances assessment for national landscape sites not yet available

Minutes much briefer · Ed Freeman (officer) · Morning 00:44:18 ▶

Said in the meeting“assessment so I wouldn't want members to think you've got that full assessment in front of you today that is a work in progress but obviously we will need to demonstrate those exceptional circumstances I think in essence as I've said at previous meetings we cannot meet our housing need…”
The minutesMembers considered advice noting that further assessment work would be required to demonstrate whether Gitti_05b meets the exceptional circumstances criteria.

The officer said the full assessment was not before members and a justifying report would come later (00:45:36). The minutes confine this to Gitti_05b. It shows evidence being produced after decisions.

Officer remark on Exmouth sites being on the edge of town

Not in the minutes · Ed Freeman (officer) · Morning 00:54:24 ▶

Said in the meeting“…I think we were saying when we were looking at Exmouth a week 10 days ago that a lot of the developments in Exmouth unfortunately end up being out on the periphery of the town and quite a long way from services and facilities”
The minutesNot recorded in the minutes.

This is the only officer reference to Exmouth's allocations at this meeting. It describes their distance from services, which bears on the sustainability of edge-of-town Exmouth sites.

Honi_12: officer urged caution; allocation vote failed; to be brought back

Minutes much briefer · Ed Freeman (officer) · Morning 02:11:34 ▶

Said in the meeting“I mean nothing's really final until we bring the regulation 19 plan through for sign off in any event but I wouldn't want the committee to commit to something and then have to retract that um having given it for consideration I would urge on the side of caution”
The minutesA proposal to include the site failed. The Chair proposed to move on. Committee agreed to move on to the next site allocation.

The minutes do not record that the officer urged caution and said nothing was final before Regulation 19. Nor do they record the votes: allocation failed 2-8-1, then 9-0-2 to move on and bring it back.

No housing quotas for individual towns

Not in the minutes · Cllr Paul Hayward · Afternoon 00:14:53 ▶

Said in the meeting“…it was just clarity for the members of the public here that the numbers are national numbers that there are no quotas for towns effectively that's for the committee to decide”
The minutesNot recorded in the minutes.

No officer corrected the statement. Cllr Jess Bailey repeated it at 02:13:40 ('there's no targets for different settlements'). It is relevant to whether homes removed in one town must be replaced in the same town.

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 (12)

  • Councillor Brian Bailey
  • Councillor Jessica Bailey
  • Councillor Kevin Blakey
  • Councillor Colin Brown
  • Councillor Bethany Collins
  • Councillor Olly Davey
  • Councillor Paula Fernley
  • Councillor Paul Hayward
  • Councillor Geoff Jung
  • Councillor Dan Ledger
  • Councillor Yehudi Levine
  • Councillor Helen Parr

Committee members who sent apologies (1)

  • Councillor Ben Ingham

Other councillors attending (6)

  • Councillor Jenny Brown
  • Councillor Roy Collins
  • Councillor Peter Faithfull
  • Councillor Sarah Jackson
  • Councillor Simon Smith
  • Councillor John Heath

Officers (5)

  • Matthew Dickins
  • Ed Freeman
  • Damian Hunter
  • Wendy Harris
  • Sam Luk

Notes on the recording

  • The local minutes file truncates item 166 (Axminster) after Axmi_08. The rest was checked against the council's printed minutes PDF from the meeting page.
  • The minutes record no vote counts for any site. Some votes were close: Dunk_05 was allocated 4-3-4 after a move-on motion failed (03:39:40), Axmi_22 6-0-5, Axmi_09 8-3-1 and Axmi_24 (moved on) 8-0-3.
  • Several 'move on but bring back' decisions are recorded only as 'agreed to move on': Honi_12, Honi_15 (to the wrap-up session) and Hawk_01. For Hawk_01 the Chair proposed bringing back a much smaller allocation in mid-October (03:16:43).
  • Axmi_02: Cllr Jess Bailey asked about 'significant major adverse impacts' on a protected site. The officer said the issue was nutrients and the Beer Quarry and Caves SAC bat consultation zone, and that mitigation would come at the detailed design stage (00:59:09, afternoon). The minutes do not record this, or the officer's statement that policy would require a master plan for the southern Axminster sites (00:48:30).
  • Musb_01a: the minutes give 22 dwellings, but the Chair proposed '15 dwellings and 0.06 hectares of employment land' (afternoon 03:00:46).
  • The transcripts are complete for both sessions (morning from 00:05:13, afternoon from 00:05:46). There is a break in the morning recording between 01:45:43 and 02:02:54. Names are often misspelt (e.g. 'Councillor Young' for Cllr Jung, 'Lecce' for Ledger, 'Exxon'/'Exminster' for Exmouth/Axminster).
  • Prior findings in the evidence report for this meeting match this transcript (e.g. 00:46:06, 00:54:45, 01:13:45 morning; 00:19:17, 02:15:28 afternoon).