Stop EXMO20

Strategic Planning Committee

5 May 2026

East Devon District Council meeting on the Local Plan.

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

Summary of our findings

EXMO20 was a major theme. Four councillors declared lobbying on it, three public speakers addressed it, and councillors asked whether its B3179 traffic over the Pebblebed Heaths could make the allocation fail on air quality, about its affordable share and price, and about an access road through the 400 m zone. The officer confirmed EXMO20 contributes to the traffic uplift but said allocations were not being revisited at this stage.

  • EXMO20 was raised by three public speakers (400 m heaths zone, B3179 traffic and access wording, the ~2,800 consultation responses and AI summaries, habitats/air quality and headroom) and by councillors on traffic over the Pebblebed Heaths, air quality, affordability and the 400 m zone.
  • The officer said he was not recommending that members revisit site allocations; outstanding objections should go to examination, and the plan cannot be materially changed now without a new consultation.
  • Submission of the Local Plan, expected at this meeting, was put back to later in 2026; the officer named the Habitat Regulations Assessment (a legal compliance issue) as the main outstanding work, and no new Local Development Scheme timetable could yet be set.
  • On air quality at the Pebblebed Heaths, the officer confirmed EXMO20 adds to vehicle movements there, said many sites contribute cumulatively, and said allocations would be looked at only if no adequate mitigation strategy can be found.
  • Statutory consultee concerns were discussed: the Environment Agency (Water Cycle Study deficiencies and soundness) and NHS Devon ICB (primary care in the Infrastructure Delivery Plan); meetings with both were planned.
  • On housing numbers the officer said the lower affordability ratio has a small effect, more headroom than first planned is being kept (partly against developer challenges to the 80% transitional figure), and Torbay's request for help with its need has been rebutted.
  • The committee noted the progress report and the second Regulation 19 feedback report, and added a resolution for an FAQ report to the next meeting (Habitat Regulations, housing numbers, Water Cycle Study, South West Water investment).
  • The officer corrected errors in the feedback report (AI declaration dates, stage 1/stage 2 header) and said AI had only been used to summarise responses that the team had read.
  • The Heritage Strategy 2024-2042 was adopted, and the Self-Build and Custom Housebuilding monitoring report was endorsed for publication.

EXMO20 is named 17 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.

Officer advice not to revisit site allocations

Important Minutes much briefer · Ed Freeman (officer) · 00:40:07 ▶

Said in the meeting“examination is the way forward for those concerns that are still outstanding so I'm not recommending that members revisit the site allocations in the plan”
The minutesany objections must be addressed through the examination, as the Plan cannot be materially amended without undertaking a further consultation exercise.

The minutes do not record the explicit advice not to revisit site allocations, or that the extra time would only be used to resolve outstanding issues (00:40:39). Relevant to requests to remove EXMO20.

Habitats compliance to be reached by submission; evidence may be amended without consultation

Important Minutes much briefer · Ed Freeman (officer) · 00:41:01 ▶

Said in the meeting“to ensure that the plan is legally compliant at the point of submission which is the requirement so that's that's what we're currently doing um as I said there's not an intention to carry out further consultation at this stage we are entitled to update and amend evidence documents in the run up to submission”
The minutesWork is ongoing with the Council’s consultants to resolve outstanding issues and ensure the Local Plan is legally compliant. At this stage, there is no intention to undertake further public consultations as part of the Plan process.

The minutes do not record that compliance is aimed at the point of submission (after both Regulation 19 consultations) or the stated entitlement to amend evidence documents before submission without further consultation.

Reason for the delay: Habitat Regulations Assessment, a legal compliance issue

Important Minutes much briefer · Ed Freeman (officer) · 00:44:38 ▶

Said in the meeting“however due to ongoing work in particular around the Habitat Regulations assessment work which has already been mentioned which is a legal compliance issue we're not in a position to submit the plan as per the adopted local development scheme”
The minutesalthough approval for submission to examination had originally been anticipated at this meeting, this could not be achieved to a number of outstanding supporting documents.

The minutes do not name the HRA as the main cause or record it as a legal compliance issue ('the real issue', 00:49:19), nor that a new timetable could not be set until further HRA meetings (00:45:29).

Environment Agency concerns on the Water Cycle Study and soundness

Important Minutes much briefer · Ed Freeman (officer) · 01:24:57 ▶

Said in the meeting“I don't think they actually go to the soundness of the plan um you have to the water cycle study is one thing and it's it's evidence for the Local Plan but it's also fulfilling a wider purpose than just that. So deficiencies in the water cycle study don't necessarily mean that the Local Plan is unsound.”
The minutesacknowledged the concerns and advised that a meeting with the Environment Agency had been arranged to fully understand and seek to resolve the issues raised.

Not recorded: the officer's view that the concerns do not go to soundness, 'We don't have to agree with the Environment Agency' (01:25:27), and that consultants accept some points need addressing, with Water Cycle Study updates expected (01:25:51).

Officer confirms EXMO20 adds to traffic over the Pebblebed Heaths

Important Minutes much briefer · Ed Freeman (officer) · 01:32:04 ▶

Said in the meeting“Obviously, EXMO20, as has been said, does contribute to the uplift in vehicle movements over the Pebblehead Heaps.”
The minutesa large number of allocations within the Plan have implications for air quality and that officers are therefore considering the cumulative impacts of the overall strategy.

The minutes record the question about EXMO20 traffic and the cumulative answer, but not the officer's confirmation that EXMO20 contributes to the uplift over the SAC/SPA.

What happens if no adequate air quality mitigation is found

Important Minutes much briefer · Ed Freeman (officer) · 01:32:48 ▶

Said in the meeting“should we get to a position where we can't come up with an adequate mitigation strategy then you know all things need to be considered as potential ways of addressing those but we're not at the point yet of looking at individual sites and revisiting allocations”
The minutesWork is ongoing to explore potential mitigation measures, and it was confirmed that, following a forthcoming meeting with the consultant team, a further update report would be brought to Committee as the matter progresses.

The minutes do not record that revisiting allocations was left open if mitigation fails, or that individual sites were not being looked at yet. Relevant to whether EXMO20 depends on an unfinished mitigation strategy.

Air quality harm on the heaths: existing problem, earlier evidence did not exist

Important Not in the minutes · Ed Freeman (officer) · 01:34:40 ▶

Said in the meeting“consider the impact of the growth in the plan and how it makes that situation worse but it's not that we're creating a problem through through the plan as drafted it's an existing problem that we weren't previously aware of because you know the guidance from Natural England the studies the work didn't exist to understand these impacts”
The minutesNot recorded in the minutes.

The officer said plan growth makes an existing air quality problem on the heaths worse, and that the guidance and studies did not previously exist. Relevant to the order of evidence and site selection (2024).

400 m heaths zone: access roads and commercial uses

Important Not in the minutes · Ed Freeman (officer) · 01:43:17 ▶

Said in the meeting“the 400 meter zone is is is more about um particularly residential development uh and and the impacts of that on the 400 meters and and the Pebblebed Heaths I know there's some disagreement over how we should interpret it in terms of commercial developments which perhaps we need to clarify”
The minutesNot recorded in the minutes.

The minutes do not record the question about an EXMO20 access road through the 400 m zone, the officer's view that a road is allowed, or his acknowledgement that the rule for commercial uses is disputed and may need clarifying.

Public speaker: EXMO20 400 m zone versus the evidence, and access wording

Minutes much briefer · a public speaker · 00:16:19 ▶

Said in the meetingA member of the public raised this point. We don't quote or name members of the public, so play the clip to hear it.
The minutesIn particular, he highlighted the ongoing issue of the proposed restriction on development within 400 metres of the Pebblebed Heaths

The speaker said consultation evidence and the Sustainability Appraisal set a stricter limit in the EXMO20 400 m zone than the draft plan, and called the access wording ambiguous (00:17:44). The minutes record the 400 m issue only in general terms and do not record either point.

How the consultation responses were read (AI summaries)

Minutes differ · Ed Freeman (officer) · 00:47:21 ▶

Said in the meeting“while we've used AI to summarize the consultation responses received, it doesn't mean that members of the team haven't read through those responses and considered them. It's not an entire AI process.”
The minuteswhile AI had been used to assist in summarising consultation responses, all responses had been read and considered by officers in full.

The minutes say all responses were read 'in full'; on the recording the officer said team members had read and considered the responses, without the words 'all' or 'in full'. Relevant to conscientious consideration of about 2,800 EXMO20 responses.

EXMO20 affordable share, prices and housing mix

Minutes much briefer · Cllr Brian Bailey · 01:06:09 ▶

Said in the meeting“Take Exxon 20, for example, I see there's 16% affordable homes, 30% rented accommodation in some form, but the majority of them are going to be £400,000 plus is going to be the cost of those houses. So it doesn't comply.”
The minutesConcern was expressed that many new homes would remain unaffordable, with a high proportion expected to be priced above £400,000, and that this did not align with evidence of local housing need.

The minutes do not say the concern was about EXMO20, its stated affordable share, or single-person housing need. His follow-up and the officer's answer that affordable percentages are subject to viability (01:22:50-01:24:28) are not recorded.

Vote on the Local Plan item

Not in the minutes · Cllr Mike Howe (Chair) · 01:47:38 ▶

Said in the meeting“so check can we just check then is that unanimous can I please have a show of hands those agreeing with recommendation was against is that an abstention that's an abstention yeah”
The minutesNot recorded in the minutes.

The vote was first called 'Unanimous' (01:47:28), then retaken and at least one abstention noted. The minutes give the resolutions but no voting figures.

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 – Apologies

Committee members present (11)

  • Councillor Brian Bailey
  • Councillor Jessica Bailey
  • Councillor Kevin Blakey
  • Councillor Peter Faithfull
  • Councillor Paula Fernley
  • Councillor Charlotte Fitzgerald
  • Councillor Paul Hayward
  • Councillor Geoff Jung
  • Councillor Dan Ledger
  • Councillor Yehudi Levine
  • Councillor Helen Parr

Committee members who sent apologies (2)

  • Councillor Olly Davey
  • Councillor Ben Ingham

Other councillors attending (3)

  • Councillor Aurora Bailey
  • Councillor Roy Collins
  • Councillor Nick Hookway

Officers (3)

  • Ed Freeman
  • Wendy Harris
  • Damian Hunter

Notes on the recording

  • The transcript starts at 00:08:34 (the video before that was not transcribed) and has a gap from 01:48:03 to 02:00:06 (the 10-minute break).
  • Whisper spellings: 'Councillor Young' (and 'Councillor Jones' at 00:59:28) is Cllr Geoff Jung (attendance list; minutes name him as proposer); 'Thomas Soletto' is the speaker the minutes call Thomas Shillitoe; 'Exxon 20', 'Eczema 20', 'excess 20' = EXMO20; 'Pebblehead Heaps' / 'pebble bed heats' = Pebblebed Heaths; 'Malcombe' / 'malcolm' = Marlcombe.
  • Garbled chair calls at 01:29:27 ('councillor is jill') and 01:38:11 ('Casa visual'), so the councillors at 01:29:36 and 01:38:18 are only probable identifications (Fitzgerald and Brian Bailey).
  • Declarations (minute 56) match the recording: Cllrs Brian Bailey, Fitzgerald, Jung and Ledger declared lobbying on EXMO20.
  • Other answers given in the meeting that the minutes leave out or record only as questions: Torbay's unmet-need request 'rebutted' (01:17:53); the officer's strong advice against revisiting the settlement hierarchy (01:19:42); developers challenging the 80% transitional figure as a reason for extra headroom (01:15:26); South West Water timing answers not expected for the plan (01:42:25); the NHS meeting 'not in the diary yet' (01:26:09).
  • Item 9 (self-build) vote: the recording has 'one against' at 02:20:12; the minutes give no voting figures. The Heritage Strategy vote was called unanimous (02:15:07).
  • Cllr Jessica Bailey's question on the Supported Housing (Regulatory Oversight) Act 2023 (01:33:24) and the officer's reply that he would look into it are not in the minutes (not EXMO20-related).
  • The minutes contain a typo ('could not be achieved to a number of outstanding supporting documents', i.e. 'due to').