Council officer
Ed Freeman
Assistant Director – Planning Strategy and Development Management, East Devon District Council
Council officer responsible for planning strategy and development management, who presented the Local Plan reports and professional advice to the Strategic Planning Committee and Full Council.
Where they stand
–Officer – not ratedCouncil officer: gives professional advice to the committee; not rated.
ultimately you know I'm in your hands as committee in terms of changes and and the plan needs to be sound fundamentallyStrategic Planning Committee, 8 July 2025 · 02:15:19 ▶ · meeting page · Example of his advice: changes to the plan are for the committee to decide.
Everything they said about EXMO20 at the meetings
613 passages from the council recordings, in date order. Each time stamp plays the recording at that moment.
Strategic Planning Committee, 3 September 2024 – morning session (17)
conclusion of that meeting was that we need to progress the Local Plan and the damage to transitional arrangements with a requirement of at least 946 homes per year now this is based on the transitional arrangements that enable us to develop a plan there's no more than 200 dwellings below the new requirement figure that's coming through in the national planning policy framework of 1146 dwellings per annum00:10:17 ▶ · E. Housing numbers: need, headroom and buffers (59)
so the consequence of not progressing the Local Plan within those transitional arrangements which require us to publish a regulation 19 version of the plan within one month of the government publishing the new national planning policy framework would be an increase in our housing numbers of at least 200 homes per year so it's very important that we progress the plan as quickly as possible with expectations that the new national planning policy framework will be really sometime I would imagine between mid-october and the end of the year00:10:38 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
But obviously, as work has progressed and time has gone on, we now envisage that adoption of the Local Plan won't now be until mid to late 2026.00:11:50 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
at least 946 dwellings and significant consequences if we don't we also feel as officers that there's a need to build in some supply headroom … this also builds in some resilience into our five-year housing land supply calculations … So application of the 10% headroom would raise the annualised provision to 1,041 dwellings00:12:30 ▶ · E. Housing numbers: need, headroom and buffers (59)
There is currently an issue in terms of delivering that 10% supply position. um as as things stand uh based on the recommendations within the reports before you today and reports that are coming to you later this month uh we only have a headroom position of 1.2 or 253 dwellings00:13:35 ▶ · E. Housing numbers: need, headroom and buffers (59)
the national planning policy framework does allow us to identify what's described as broad locations for growth for meeting housing supply in later years of the plan period so there is an option to say that in the latter years of the plan we don't necessarily need allocations but we need broad locations … I don't consider that to be a desirable way forward but it's a fall back if we can't deliver the necessary allocations00:14:17 ▶ · E. Housing numbers: need, headroom and buffers (59)
I'd just highlight in terms of the Local Plan evidence work that's ongoing I'm sure we're going to hear lots of concern about infrastructure … members will be aware that in july you had a meeting a presentation from consultants producing a water cycle study for the council on that issue and we've subsequently met with southwest water and are working with them to understand the position and understand what actions need to be taken to improve the infrastructure and deliver that in step with development coming forward through this plan00:15:45 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
um these are issues that should not however impact on where sites are to be allocated in districts we have relatively few options in this regard as members will be aware and in any event planning does not have control over wastewater infrastructure all we can do is phase the delivery of development00:16:26 ▶ · I. Admissions (24)
in terms of wider infrastructure there is an infrastructure delivery plan in production as well members will be aware we have an idp that dates back to 2017 that is currently being updated and we're consulting with key stakeholders … so that is work in progress which will be brought to members at a future meeting00:17:02 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
the Strategic Planning Committee agree the emerging Local Plan total housing requirements which is 20 812 dwellings but it's currently short of the officer recommended figure for an additional 10 percent of supply head room00:17:39 ▶ · E. Housing numbers: need, headroom and buffers (59)
it's in the recommendation to highlight to members that um we are currently short of of that 10 headroom which um I'm recommending is something we should try and achieve through the plan whether it's noted in the recommendation or not that issue will still remain it's whether or not members want to formally note that as part of the recommendations that's that's that's up to members really00:19:19 ▶ · E. Housing numbers: need, headroom and buffers (59)
I think it is good practice it's common practice I would say in terms of plans generally uh you then to have sort of 10 to 20 percent so the 10 is on the lower end of the headroom I think we should be aiming for … in terms of the current Local Plan I'm sure there was headroom built into that I couldn't say off the top of my head how much though00:20:57 ▶ · I. Admissions (24)
we've got consultants working on what's called an water cycle study, which considers issues about wastewater infrastructure and members received a presentation a few weeks ago from them so they continue to work for us and with Southwest Water to address and understand these issues00:35:52 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
I don't think it really affects the decisions today in terms of sites and allocations it's about when those sites and allocations come forward which would be controlled through the planning application process and members will be aware we have a system whereby we can impose what are called grampian planning conditions … really that's the the only powers we have as a local planning authority00:36:37 ▶ · D. Deliverability: access, sewage, water, infrastructure, viability (“effective”) (125)
allow planning permission to be granted for development that say that no homes can be occupied until the infrastructure that's required to support that development in this case wastewater infrastructure has been put in place and delivered00:36:58 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
this was in the previous iteration upon the second choice sites so that was the reason I think given as to why we weren't recommending it for allocation at that time um fair assessment work suggests that as you know we're struggling to find suitable sites we think the landscape and heritage constraints can be mitigated through design and layout … while we acknowledge there are significant landscape and heritage constraints we feel the site needs to come forward to meet the housing need01:08:53 ▶ · B. Site selection: HELAA, officer advice and why EXMO20 was included (“justified”) (93)
the fact remains that we are struggling to find suitable sites to meet our housing need which is dictated to us by government and we have to meet those numbers01:09:25 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
Strategic Planning Committee, 3 September 2024 – afternoon session (9)
Just hearing the thoughts in the room so far, I just want to clarify that obviously this site, as things stand, I think this is something that came out of the working group meetings as something that was perhaps favoured more by members than it had been by officers up to that point. So there's just a slight caveat that there's further work needed in terms of understanding which landowners are still promoting land in this area.00:11:55 ▶ · B. Site selection: HELAA, officer advice and why EXMO20 was included (“justified”) (93)
And I think there's still some reservations from an officer's perspective in terms of the access arrangements given the limitations of vehicle access to the southern part of the site, which means the primary vehicle access would end up being to the north, which is somewhat out of the town from a vehicle perspective. … but from a uh a vehicular point of view you're encouraging lengthier journeys I would suggest by sending people sort of out of the town and around to get back in00:12:22 ▶ · D. Deliverability: access, sewage, water, infrastructure, viability (“effective”) (125)
there are pros and cons there that that could encourage walking and cycling into the town because you'd have those walking and cycling routes to the south which would make that much more direct and convenient00:12:42 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
so I think out of all of the sites this is probably one that if members are wanting to pursue this it needs some further work to be done so just to highlight that caveat but happy for members to consider it in the context of the information before you at the moment with the understanding that some further work would need to be done before we could put it in as a concrete fixed allocations for the boat00:12:58 ▶ · B. Site selection: HELAA, officer advice and why EXMO20 was included (“justified”) (93)
of all of the sites this is probably one that if members are wanting to pursue this it needs some further work to be done so just to highlight that caveat but happy for members to consider it in the context of the information before you at the moment with the understanding that some further work would need to be done before we could put it in as a concrete fixed allocations for the boat00:13:04 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
I just wanted to clarify the point recently made in terms of the discussion that I think if we're allocating the site as a whole we would want a master plan of the site as a whole produced and a phasing plan as part of that so we can try and coordinate the delivery of the housing with the infrastructure coordinate the access arrangements and how this all comes forward so just to reassure you that we would seek to try and control all of those things00:24:48 ▶ · D. Deliverability: access, sewage, water, infrastructure, viability (“effective”) (125)
if we're allocating the site as a whole we would want a master plan of the site as a whole produced and a phasing plan as part of that00:24:58 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
but I think we will run into problems I suspect through the examination process if you are allocating this site ahead of sites within the green wedge and within coastal preservation areas and seeking to protect those and give those greater weight in terms of their importance than the national landscape00:56:56 ▶ · I. Admissions (24)
but it does indicate that the concerns are being raised can be overcome in principle which is all we need in terms of assurance at this stage for an allocation02:28:27 ▶ · B. Site selection: HELAA, officer advice and why EXMO20 was included (“justified”) (93)
Strategic Planning Committee, 11 September 2024 – afternoon session (8)
we're aiming for a housing requirement figure of 20,812 dwellings but we're currently short of that in terms of the recommended 10% head supply headroom … probably nearer two percent at the moment but still a long way off 10 headroom … so if those sites are not found to be favorable then we will need to find other locations where they can go00:05:35 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
to be honest without checking I don't know off the top of my head um obviously the strategic flood risk assessment is phase one of that work has been completed but assessment of specific sites is ongoing.00:31:23 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
I don't think so off the top of my head but again I wouldn't want to be held to that without checking most of the sites where a more detailed assessment is taking place sites that more directly covered by water courses and river flooding rather than these surface water issues00:32:21 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
it would be yes I mean through the application process they have to do a habitat assessment and assess the impact on the protected habitats and species associated with that and build in mitigation I suspect very much in the form that you're suggesting of designing in a landscaped back corridor routes00:50:29 ▶ · I. Admissions (24)
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 sites01:22:15 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
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.02:11:49 ▶ · B. Site selection: HELAA, officer advice and why EXMO20 was included (“justified”) (93)
So I'm struggling to see what would distinguish this site. And if we do move on from this site, how are we going to find any better sites to make up the 25 homes that we'd have to find elsewhere?02:12:30 ▶ · I. Admissions (24)
yes that's right so we'll pick up that action and make sure it is action and we have the definitive answer going forward02:26:45 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
Strategic Planning Committee, 11 September 2024 – morning session (9)
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%00:08:00 ▶ · E. Housing numbers: need, headroom and buffers (59)
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 to00:08:47 ▶ · C. Reasonable alternatives (27)
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 locations00:09:43 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
we have a standard methodology uh through the HELAA process the housing employment and availability assessment work uh which is an agreed methodology with the neighboring authorities in exit teambridge and mid Devon which is used to calculate based on average densities taking out the undeveloped plants of the site and working out an appropriate number01:10:44 ▶ · I. Admissions (24)
so the drainage situation is more of an engineering solution that's needed to address that rather than a reason not to allocate the site I would suggest01:53:39 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
as the highway authority will just be looking at the principle so really they're just saying in principle an access through first hill can be achieved um it will be for the developer to design that access and the details of that … so we're kind of in their hands but um we have to trust that the highway authority have done the homework and due diligence02:07:43 ▶ · I. Admissions (24)
at king alfred way whether or not access could be created through that area we are still looking into that we haven't got to the bottom of whether or not that's possible based on our understanding of the land ownership at that time at this time so it may be if those issues can be overcome it may be worth us revisiting particularly new toe 5 potentially new toe 402:16:55 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
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 to02:21:25 ▶ · E. Housing numbers: need, headroom and buffers (59)
we need to bolster our housing and supply position so that we have a five-year housing and supply position at the point of adoption of the Local Plan. And if we don't have that, the Local Plan will not be sound.02:24:51 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
Strategic Planning Committee, 20 September 2024 – afternoon session (11)
so we have to assume that we will have answers and solutions to those issues as we move forward and in fact we've made a bid for government funding a few months ago … we wait to hear the outcome of that … 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 acceptable00:19:17 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
obviously the Local Plan is covering an area from 2020 to 2042 so we have to assume that we will have answers and solutions to those issues as we move forward00:19:17 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
so that that is certainly an issue I don't think it informs necessarily particular sites or even the quantum of development in this process 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 acceptable00:19:59 ▶ · A. Habitats Regulations, Pebble Bed Heaths, air quality and ecology (126)
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 acceptable00:20:13 ▶ · A. Habitats Regulations, Pebble Bed Heaths, air quality and ecology (126)
those are conversations that are ongoing in terms of all our settlements in terms of the infrastructure needed to support growth and development uh and as part of the work in the Local Plan we're producing a new infrastructure delivery plan which would set out the infrastructure that's needed um and you know the cost involved and how that could be achieved so that's that's ongoing work alongside the plan itself00:41:34 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
if this development is coming forward in terms of planning applications ahead of the infrastructure then we may need to utilize uh grampian conditions to ensure the phasing of its delivery in line with the infrastructure coming forward um obviously what we can't have is is homes coming forward and there not being infrastructure in place to do that00:53:17 ▶ · D. Deliverability: access, sewage, water, infrastructure, viability (“effective”) (125)
But it can be mitigated. It's a matter of understanding those issues. through more detailed assessment work and designing and mitigation in much the same way in terms of the Aquarian Caves we looked at in terms of sites north of Seton and the need for dark corridors, for back-to-flight paths and things like that so a lot of those things can be mitigated it will come down to the detailed design of the scheme rather than necessarily something at this stage00:59:26 ▶ · I. Admissions (24)
okay thank you I just want to be clear because we'll have to obviously there's potential for challenge there through the examination of the plan we're basically taking out a site that we previously said was acceptable02:15:23 ▶ · F. “Significant change” (28)
there's potential for challenge there through the examination of the plan we're basically taking out a site that we previously said was acceptable02:15:28 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
It's probably something that needs to be considered in the wider context of Gypsy and Traveller provision. through the plan which we haven't really touched on recently … we probably bring need to bring you a report on gypsy and traveller provision more generally in terms of the plan02:59:07 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
the role and function of the settlement survey did highlight it as a Tier 4 settlement, and that was what was agreed by the committee at the time, and nothing has actually changed with regard to that to justify revisiting that to my mind.03:05:36 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
Strategic Planning Committee, 20 September 2024 – morning session (14)
that's a process we're going through in terms of that 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 … obviously we will be producing a more detailed report to go with the evidence of the plan to justify that which you don't have before you today00:44:14 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
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 … obviously we will be producing a more detailed report to go with the evidence of the plan to justify that which you don't have before you today00:44:18 ▶ · H. Heritage and other (51)
I think in essence as I've said at previous meetings we cannot meet our housing need unfortunately without eating into areas of significant landscape designation and local immunity importance00:44:28 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
yes I mean clearly the regulation 19 version of the plan will need to come through the committee which will have the final set of allocations within it and we will have to have the evidence base in in place00:46:06 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
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 … as we said before unfortunately 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 allocate00:54:24 ▶ · B. Site selection: HELAA, officer advice and why EXMO20 was included (“justified”) (93)
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 areas00:54:45 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
well um I mean due to the committee's previous decisions were slightly up on the initial report that I presented which gave us a headroom I think it just shy of two or around two percent from the top of my head um so about 100 houses up on that um 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 at this stage01:00:49 ▶ · E. Housing numbers: need, headroom and buffers (59)
so we are short of numbers and need to find more than just what as officers we're recommending at this stage … then we can perhaps do some further work and bring that back to a later meeting with perhaps a more detailed analysis of what infrastructure could be delivered across both sites realistically01:01:24 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
Yes, the site is currently within the built-up area boundary. We're obviously still working on the settlement boundaries, but logically this would be well within the settlement boundary01:12:58 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
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 if someone was objecting to that, or particularly if the Environment Agency, for example, were objecting to that.01:13:45 ▶ · H. Heritage and other (51)
I think the cautious approach would be to allow us to do fair assessment work having heard members views on this site and enable us to bring bring it back to the wash-up session in in october with that more detailed assessment of those issues having heard what members have said I mean nothing's really final until we bring the regulation 19 plan through for sign off in any event02:11:18 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
the central part was originally honey 01 in the Reg 18 consultation on the draft plan um subsequent to that consultation the two adjoining fields were then also submitted into the process but obviously they weren't consulted on … we will need to take some legal advice and look at how we deal with the adjoining parcels of land through this process and potentially bring them to the wash-up session in a few weeks time … the usual process would be that sites would be consulted on through the draft plan stage and then carried forward but we have had a couple of sites have been put forward later in the process02:44:40 ▶ · 3. The second consultation – anything that could be classed as predeterminative (104)
so I felt it was simpler to remove those from the agenda and just focus on the land that has been consulted on through the previous consultation through this process and we will need to take some legal advice … the usual process would be that sites would be consulted on through the draft plan stage and then carried forward but we have had a couple of sites have been put forward later in the process and we need to understand how we deal with those02:45:04 ▶ · B. Site selection: HELAA, officer advice and why EXMO20 was included (“justified”) (93)
so it's been sifted out at an early stage because there was no way of gaining access from the highway uh all I can say really is if speakers here today are saying that that's not correct and there is an access to it then we can look at it again but it hasn't obviously been through the process of assessment at this point03:24:49 ▶ · I. Admissions (24)
Strategic Planning Committee, 23 September 2024 – afternoon session (5)
we state a number in the plan um but if an applicant wants to apply for more or less than that we have to consider that application on its on its merits00:18:16 ▶ · I. Admissions (24)
there are issues obviously with the surge capacity across the districts that we know about um those obviously need to be addressed before further development comes forward but this is a plan for until 2042 if consent was coming forward ahead of the infrastructure then we would certainly look at a gramping condition that ensures that those homes can't be delivered and occupied until those works have been undertaken00:53:42 ▶ · D. Deliverability: access, sewage, water, infrastructure, viability (“effective”) (125)
there's obviously an issue in terms of the wider housing numbers in well it's only small numbers here um we are struggling for numbers more broadly00:56:12 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
we need to be very clear about our justification for allocating sites within a national landscape and be able to demonstrate that the development can't be accommodated outside of the national landscape01:46:20 ▶ · I. Admissions (24)
But in the adopted infrastructure delivery plan for the current Local Plan, I think has about a £70 million funding shortfall just for Priority 1 projects alone. I think if we take in the other priority levels, it's over £200 million.03:25:03 ▶ · D. Deliverability: access, sewage, water, infrastructure, viability (“effective”) (125)
Strategic Planning Committee, 23 September 2024 – morning session (4)
when we started out we were short on the headroom we had a headroom of only 1.2% based on officers recommendations at that time as we've worked through the last three meetings I think it is we currently stand at 571 homes less than that figure as a result of the committee's deliberations albeit obviously some of those sites may well need to be revisited at the wash-up session00:22:27 ▶ · E. Housing numbers: need, headroom and buffers (59)
so just to highlight we're currently running with no headroom and a deficit fundamentally against the housing requirement figure and we need to be looking to bolster that figure in terms of meeting the housing requirements set by government00:23:03 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
we're working on something called an infrastructure delivery plan with partners at Devon County Council who in this case would be the education authority and other infrastructure providers to understand uh how the infrastructure needs would be delivered and how that would be funded and and resolved um so that's an ongoing piece of work that needs to marry up with this when we come to presenting the final regulation 19 version of the plan to members00:44:46 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
I think it's fair to say discussions are still ongoing with Devon County Council about exactly what is needed here in terms of education provision. … we can have further discussions with Devon County Council about how an allocation of this site is is worded in terms of the Local Plan01:02:04 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
Strategic Planning Committee, 29 October 2024 – afternoon session (18)
Well, I think you'll see through it in a number of occasions throughout the report we've included information that's come to us through the agents promoting development. That's very much just for illustrative purposes00:37:30 ▶ · I. Admissions (24)
if not at 5b I do question where else we would allocate that he's better in terms of meeting the housing requirements set by government00:41:33 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
as we've already said we don't have good sites we have limited opportunities00:59:21 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
we're taking the view that only the central field has actually been consulted on through the regulation 18 process as I explained earlier however we can still consider sites put forward later in the process or in this case one that was put forward but not consulted on and would be consulted on through the regulation 19 version of the plan with comments brought back to you for members to consider and then confirm whether or not you wish to proceed with the allocation at that stage01:03:26 ▶ · 3. The second consultation – anything that could be classed as predeterminative (104)
that was put forward but not consulted on and would be consulted on through the regulation 19 version of the plan with comments brought back to you for members to consider and then confirm whether or not you wish to proceed with the allocation at that stage so it would still be consulted on and we've taken legal advice that suggests that that is a sound way forward not without its risks of challenge but equally as I said earlier we are required to have regard to all options and consider all options through this process01:03:46 ▶ · B. Site selection: HELAA, officer advice and why EXMO20 was included (“justified”) (93)
We have been back to National Highways and said, you know, setting aside the detailed design proposals that have been put forward, which aren't really relevant at this stage. Those are for a planning application process. All we need from them at this stage is to be satisfied that an access can be obtained from their highway into this site. … The highways access is the key thing, but unfortunately, we don't have certainty from national highways that an acceptable access can be attained. and hence I can't recommend this one for allocation at this point in time.01:27:08 ▶ · B. Site selection: HELAA, officer advice and why EXMO20 was included (“justified”) (93)
All we need from them at this stage is to be satisfied that an access can be obtained from their highway into this site. Unfortunately, we haven't received a response to that in time for today's meeting. … but accepting that timescales mean that we don't have time to wait for national highways to confirm their position unfortunately.01:27:19 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
I I would suggest that if members are consent with the content with this site in all of our respects and wish to allocate it if an acceptable access can be obtained then uh I think it would be legitimate for you to make a decision to say to allocate the site subject to an acceptable access being uh the principle of an access being accepted by national highways and in the event that that Isn't the case, give delegated authority to myself in consultation with the Chair to then remove it from the plan if National Highways maintain their objection?01:28:53 ▶ · H. Heritage and other (51)
I think it would be legitimate for you to make a decision to say to allocate the site subject to an acceptable access being uh the principle of an access being accepted by national highways and in the event that that Isn't the case, give delegated authority to myself in consultation with the Chair to then remove it from the plan if National Highways maintain their objection?01:29:06 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
well as you identify it's difficult now because we can't turn the clock back and redo well we can't go back and have this site through a regulation 18 consultation now there simply isn't time to run a regulation 18 consultation on these additional sites so the The best we can do is run it, if members are minded to support the site, is to put it in the Regulation 19 plan and seek views through that route and then make sure it comes back through this committee so that those views are considered before any plan is submitted for examination.01:35:20 ▶ · 3. The second consultation – anything that could be classed as predeterminative (104)
The best we can do is run it, if members are minded to support the site, is to put it in the Regulation 19 plan and seek views through that route and then make sure it comes back through this committee so that those views are considered before any plan is submitted for examination.01:35:44 ▶ · G. Consultation and procedure (Regulation 19, AI, objections, generic answers, advice, future decisions) (85)
As the chair has alluded to, we're down the way fundamentally because there are risks to the soundness of the plan if we don't consider all reasonable alternatives and this is a reasonable alternative albeit one that's come into the process late01:36:23 ▶ · C. Reasonable alternatives (27)
I'm happy to take away an action to look into that I don't want to make any commitment without looking again at the regulation 19 consultation requirements … I'd have to take away an action to look at that um envisage bringing a covering report when we bring the regulation 19 plan setting out how we undertake that consultation01:37:43 ▶ · 3. The second consultation – anything that could be classed as predeterminative (104)
in order to allocate the site we'd need to have done a lot of additional work through level two strategic flood risk assessment which hasn't been done … we don't have the evidence to suggest that those flood risk issues can be overcome01:48:12 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
um in order to allocate the site we'd need to have done a lot of additional work through level two strategic flood risk assessment which hasn't been done … we don't have the evidence to suggest that those flood risk issues can be overcome … we don't have a sufficient information to make an allocation at this point I would suggest01:48:12 ▶ · H. Heritage and other (51)
if members did seriously want to make an allocation that's the the only way it could work but you're putting a uh quite a lot of road in I would suspect before you get to housing which would be a significant cost … so there are potential constraints there so as to how viable and deliverable that is what you would get in terms of affordable housing and other benefits for the community I I would question03:27:45 ▶ · I. Admissions (24)
I think we would need to work with the site promoters and Devon County highways to see what's achievable here … delegated authority to me consultation with the chair to determine exactly which part of the site and how that's to be achieved and bring that back through the regulation 19 version of the plan03:29:57 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
yes there's that issue the other issue is the specific site modeling in some cases very expensive as in tens of thousands of pounds04:22:16 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
Strategic Planning Committee, 29 October 2024 – morning session (14)
sites um but as discussed at those meetings those moved on sites still remain in a pool of sites from which further allocations could be made00:41:56 ▶ · C. Reasonable alternatives (27)
recommending that we adopt option B within those options which is effectively now that we've realigned the planned period so that it's now 2020 to 2024 that we don't apply the 10% buffer across the whole of that period acknowledging that the first four years of that planned period have already elapsed and therefore the need for the buffer doesn't exist over those years because it's there to give the market greater choice and flexibility and resilience to our housing requirement figures00:42:41 ▶ · E. Housing numbers: need, headroom and buffers (59)
So that would then leave us with a need, a remaining need, that's not been met by previous allocations agreed by the Committee of 2,278 dwellings that would need to be found through this process. You'll see of all the officer recommendations that are before you in this report, if they were all accepted and all those sites were allocated, that would accommodate 2,455. um so that gives a little bit of additional surplus um of 177 homes00:43:35 ▶ · E. Housing numbers: need, headroom and buffers (59)
the section 5.2 of the report we've come up with a criteria to try and rationalize what's coming before you for consideration today down to those sites that we think have a reasonable prospect of helping us to meet that shortfall in terms of housing numbers so there's there's 10 criteria00:44:28 ▶ · C. Reasonable alternatives (27)
we've taken uh legal advice on including those within this process because obviously those sites haven't been consulted on through the regulation 18 consultations that we've undertaken … they go into the regulation 19 plan that goes out to consultation which then gives you the opportunity to seek views on those sites and they come back the members to further consider and then confirm if they wish to allocate those sites before the the plan then goes forward uh to council and for submission for examination00:45:52 ▶ · G. Consultation and procedure (Regulation 19, AI, objections, generic answers, advice, future decisions) (85)
those sites haven't been consulted on through the regulation 18 consultations that we've undertaken uh the legal advice is that we can consider those in this process now as part of the regulation 19 plan … the proposal is that the regulation they go into the regulation 19 plan that goes out to consultation which then gives you the opportunity to seek views on those sites and they come back the members to further consider and then confirm if they wish to allocate those sites before the the plan then goes forward uh to council and for submission for examination00:45:59 ▶ · 3. The second consultation – anything that could be classed as predeterminative (104)
through uh the strategic environmental assessment process uh that we go through in terms of assessing sites we have to consider all alternative options so we would be equally at fault if we didn't consider those sites as we are potentially if we're challenged for not considering them00:47:03 ▶ · C. Reasonable alternatives (27)
I think all we can do is move forward based on our timetable that we've set ourselves which has the regulation 19 version of the plan coming to members on I think it's the 11th of december off the top of my head uh which I think is realistically the quickest it can conceivably be done.00:50:32 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
That's all of the evidence is based on that. At the very least, if we were going to rebase the plan, we'd need to revisit a lot of that evidence. And then the time scales available, there simply isn't time to do that.00:56:45 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
So trying to adopt an approach that drives down the figures potentially artificially could be not the way to go if we want to get a plan through examination quickly.01:05:30 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
you potentially need to look at options to address the issues that are being raised which might lead you to do further Reg 18 consultation, amend the plan, come to a publication draft again and then go to the Reg 19 stage and resubmit01:05:56 ▶ · 3. The second consultation – anything that could be classed as predeterminative (104)
we drop out of the transitional arrangements under the NPPF and be required to meet the higher housing figures that are coming forward … they're effectively 200 times a year more than we're currently planning for01:06:22 ▶ · E. Housing numbers: need, headroom and buffers (59)
so the actual annual figure is not a great deal different from option b … so the difference is only actually two hundred and sixty nine homes between the two options01:11:55 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
it was recommended for allocation there was an error in the technical report yeah so it was it was recommended for allocation by officers02:02:59 ▶ · B. Site selection: HELAA, officer advice and why EXMO20 was included (“justified”) (93)
Strategic Planning Committee, 11 December 2024 – morning session (29)
which indicated some substantial changes to the government's planning policy and the housing numbers as Councillor Rylance has alluded to with the potential for our housing numbers to increase by over 200 homes per year if we don't progress the plan under the transitional arrangements which based on the consultation gave us a month from publication of the national planning policy framework to publish a regulation 19 version of the plan01:17:11 ▶ · E. Housing numbers: need, headroom and buffers (59)
members will be aware that you've now resolved to do a two-stage regulation 19 consultation so consultation on the draft plan would be stage one there would then be a consultation uh next spring early summer on the new town01:18:01 ▶ · 3. The second consultation – anything that could be classed as predeterminative (104)
there would then be a consultation uh next spring early summer on the new town uh so this is the master plan work that's ongoing in terms of the second new community and work on the greater extra transport study that is informing that work and and any other key evidence documents that that are still outstanding at that time with view to then collating all of that feedback and consultation responses and submitting to the planning inspectorate in autumn of next year01:18:08 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
allocations in the plan we have have now modelled in terms of a trajectory for their delivery which is one thing that we need to present as part of the plan this is again an ongoing piece of work01:19:24 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
how we get to a where we have a five-year housing and supply at the point of adoption of the plan which is a requirement for the plan to be found sound01:19:42 ▶ · I. Admissions (24)
the issue that that's raised is in terms of the strategic flood risk assessment … we hadn't put Otto O2 through that that process because it wasn't a site that as officers we were recommending for allocation we've now spoken to consultants about that and we're talking about a bill of over 10 000 pounds to do that work01:33:06 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
we hadn't put Otto O2 through that that process because it wasn't a site that as officers we were recommending for allocation01:33:24 ▶ · B. Site selection: HELAA, officer advice and why EXMO20 was included (“justified”) (93)
So, effectively, our target plus 10% buffer for the plan 2024 to 2042 was 22,539 homes. … we'd have a total amounted to 22,536 leaving us three homes shy of the plan requirement plus 10% which I think is a reasonable position to move forward and present for examination01:34:31 ▶ · E. Housing numbers: need, headroom and buffers (59)
I should also point out that the plan you have is is fundamentally just the text we haven't done much in the way of formatting yet … there simply hasn't been time to complete that part of the process as yet01:36:18 ▶ · I. Admissions (24)
we are exploring this issue around the step trajectory to help with this issue and potentially saying that in the early years of the plan we would only be aiming to deliver perhaps 800 homes a year and then proportionately increase the latter years of the plan.01:39:56 ▶ · E. Housing numbers: need, headroom and buffers (59)
we're putting together an evidence library which would go uh live at the same time as the consultation and have links uh to all of that obviously a lot of that's on the website already … what we're working towards is an interactive map so that people can interactively access a map of any part of the district and see all of the relevant boundaries and everything that's that's in the plan so that will be available to go live with the consultation01:43:27 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
apologies we weren't able to have sort of an overall policies map01:45:28 ▶ · I. Admissions (24)
then we're saying promoting the most significant development levels at the principal center of Exmouth01:57:34 ▶ · I. Admissions (24)
equally at this stage I think until we've done the master planning we don't know which edges where you'll have things like SANGs for example … it's part of the complexities of this kind of two-stage process because we don't have the master plan yet02:06:44 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
certainly we we could change that to an xx and say it's to be determined and and then consult on that through the second phase, the Reg 19 consultation, based on any further information we have at that time.02:22:40 ▶ · 3. The second consultation – anything that could be classed as predeterminative (104)
only time will tell as to whether or not the money is there to actually deliver the infrastructure in phase with the housing02:28:31 ▶ · I. Admissions (24)
we have been sending them uh the projections in terms of new homes in different locations since the allocations um so that they can model the impact on health care facilities and advise us which would then inform our infrastructure delivery plan which we're working alongside this02:30:00 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
they have commented and we have been sending them uh the projections in terms of new homes in different locations since the allocations um so that they can model the impact on health care facilities and advise us which would then inform our infrastructure delivery plan which we're working alongside this … I think the key thing now is going to be whether or not the funding is there to actually deliver.02:30:00 ▶ · D. Deliverability: access, sewage, water, infrastructure, viability (“effective”) (125)
I think we've done the best we can to word a policy to address the issue I'm not saying it's absolutely bulletproof02:54:02 ▶ · I. Admissions (24)
would give delegated powers to me in consultation with the chair and the vice chair as appropriate to agree any tweaks and amendments that you agree today to go straight out to consultation … I can't commit to be able to give you much time before the consultation goes live it might only be a day or two before the consultation goes live03:01:44 ▶ · G. Consultation and procedure (Regulation 19, AI, objections, generic answers, advice, future decisions) (85)
the conclusion we've reached as officers is that we feel that the impact on the national landscape and the green wedge in this location is not justified in terms of the housing numbers that it would deliver and we have demonstrated that we can meet the housing numbers elsewhere including the 10% buffer without needing to allocate this site03:19:19 ▶ · E. Housing numbers: need, headroom and buffers (59)
this is the only one I'm bringing back because of this issue I don't think there were flooding issues specifically with EXMO20 off the top of my head um but if there were that's already been covered in in the sfra work that we've done03:32:03 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
we did bolt on some further stage two sfro work after the allocations but where it was a lighter touch approach that was needed and could be done in the time scales this one it's it's quite a heavy duty piece of work03:32:37 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
some of the other sites that members allocated that we hadn't recommended for allocation have been done as additional work through the consultants for the strategic flood risk assessment03:39:19 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
my understanding is all of the others have either already been through in terms of the strategic flood risk assessment work or have subsequently now been going through that process so I'm not aware of any other issues in terms of the SFRA work03:39:38 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
there is a policy elsewhere in the plan that says about the 400 meter exclusion zone in terms of the pebble bed heaves03:45:38 ▶ · A. Habitats Regulations, Pebble Bed Heaths, air quality and ecology (126)
well there's certainly policies that protect ancient woodlands and natural assets in the plan03:47:39 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
my recollection is that there's some limited scope for access at that southern point onto Dean and Way because of the issues that Councillor Bailey raises. So I think we did highlight when members were considering this site that the primary access would need to be out by the Archery Club and that that was out of the town. … access at that southern point would have to be limited because of the constraints at the highway at that point.03:47:45 ▶ · D. Deliverability: access, sewage, water, infrastructure, viability (“effective”) (125)
So I think we did highlight when members were considering this site that the primary access would need to be out by the Archery Club and that that was out of the town. So that was made clear when members made that allocation.03:48:04 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
Strategic Planning Committee, 4 February 2025 (36)
What actually came out on the 12th of December was that our higher housing need figure is actually 1,188 homes per year. and to be within the transitional arrangements we need to be within 80 percent of that standard figure so we needed to plan for 950 homes per year whereas the plan that you agreed the previous day was for 946 homes per year00:30:13 ▶ · E. Housing numbers: need, headroom and buffers (59)
we also now need to build in a five percent buffer which we didn't have to previously so that does leave us down to a five-year housing land supply figure of 2.97 years00:31:14 ▶ · I. Admissions (24)
in those years so through all of that process we've ended up with a headroom of 9.8 percent which we think is a comfortable headroom and very close to what we were aiming for of the 10 percent00:58:38 ▶ · E. Housing numbers: need, headroom and buffers (59)
so this is now set out in appendix one of the Local Plan and shows that we would set an annual target of 850 dwellings per year from 2020-21 through to 2031-32 so that's incorporating the first five years of the plan post-adoption and then it would step up to 1070 dwellings per year from 2032-33 onwards00:59:07 ▶ · I. Admissions (24)
the stepped approach should enable the council to demonstrate a robust 6.59 year housing land supply upon adoption so hence the six year supply being achieved but obviously that's not the most comfortable shall we say we've only 0.59 years above the requirement00:59:51 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
this is a two-stage regulation 19 consultation so work is still ongoing on the second phase of that in terms of the new community master plan with that intended to take place in spring 202501:00:26 ▶ · 3. The second consultation – anything that could be classed as predeterminative (104)
the Habitat Regulations assessment has been updated for this point in plan making but there is still work to be done on that uh as was highlighted by public speakers particularly in relation to the Pebblebed Heaths and air pollution issues there … additional work is needed in terms of developing a mitigation strategy for that … we are satisfied that it can be mitigated but we obviously need to develop a full mitigation strategy as part of further work to inform the plan for that to be submitted for examination01:01:28 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
Habitat Regulations work and further specialists on this air pollution issue so we are satisfied that it can be mitigated01:02:25 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
it can be mitigated but we obviously need to develop a full mitigation strategy as part of further work to inform the plan for that to be submitted for examination01:02:32 ▶ · A. Habitats Regulations, Pebble Bed Heaths, air quality and ecology (126)
there's also issues that were highlighted in terms of the water quality in the acts which I think members will will be aware of and obviously we've recently been granted over four million pounds of funding to develop the mitigation strategy for that so obviously that needs to be developed as we move forward towards submission of the plan as well … we don't have the final answers we don't need to on some of those issues at this point01:02:37 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
it's through that process through the regulation 19 consultation that we will be consulting with Natural England on those issues … so we don't have the final answers we don't need to on some of those issues at this point01:02:57 ▶ · A. Habitats Regulations, Pebble Bed Heaths, air quality and ecology (126)
obviously another outstanding issue is the greater extra transport study for which work is continuing to progress we will not have that for this consultation we will need to have that for the second round of regulation 19 consultation01:03:25 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
while I'm talking about transport issues I would just highlight in terms of the public speakers on EXMO20 that um while we've clarified wording in the plan has been picked up in terms of vehicle access from the B3179 I think our reports have always highlighted that access would need to be from the B3179 … as the chair has said we're not here today to reconsidered the allocations which have already been agreed01:04:03 ▶ · I. Admissions (24)
access would need to be from the B3179 and that there were issues in terms of access to the south uh on the eczema side … we've had further discussions with Devon County Council as the highway authority … highlight these issues about this review of local road and junction capacity and potential mitigation that would be needed01:04:15 ▶ · D. Deliverability: access, sewage, water, infrastructure, viability (“effective”) (125)
as the chair has said we're not here today to reconsidered the allocations which have already been agreed01:05:01 ▶ · 3. The second consultation – anything that could be classed as predeterminative (104)
some of these are still works in progress and being added to the website another key one to mention is um the infrastructure delivery plan um so that unfortunately hasn't been ready for for today's agenda … I would envisage bringing that to committee at a future date but it will need to go out to the consultation so perhaps post consultation bringing through a report to you as a committee on that document01:05:12 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
another key one to mention is um the infrastructure delivery plan um so that unfortunately hasn't been ready for for today's agenda … That's quite a key document, and I know there's a lot of concern about infrastructure and understanding what is needed to deliver the plan.01:05:18 ▶ · D. Deliverability: access, sewage, water, infrastructure, viability (“effective”) (125)
And I'll mention the water cycle study at this point, which has been an ongoing saga. But we will, once that is finally resolved, would obviously bring that through the committee as well01:06:20 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
it's important to note that regulation 19 stage it's a slightly different consultations the previous consultations we've had this isn't a consultation about have your say to inform the plan as it progresses and emerges this is the council saying this is our Local Plan do you think this is legally sound do you object essentially before it goes through to examination01:06:45 ▶ · 3. The second consultation – anything that could be classed as predeterminative (104)
so I think in terms of the evidence um that you you write there are one or two bits and pieces that you haven't seen certainly not seen the final versions of uh I mentioned the Habitat Regulations assessment um and the final viability assessment report was perhaps the main ones at this point so we don't have the water cycle study so that won't be going out to consultation at this stage but I think as we said in the report I don't consider that necessarily essential for the Local Plan01:18:09 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
so we don't have the water cycle study so that won't be going out to consultation at this stage but I think as we said in the report I don't consider that necessarily essential for the Local Plan01:18:31 ▶ · D. Deliverability: access, sewage, water, infrastructure, viability (“effective”) (125)
in terms of the Habitat Regulations assessment we had an earlier iteration of that regulation 18 stage and while it has been updated to reflect the allocations have now been made01:19:06 ▶ · A. Habitats Regulations, Pebble Bed Heaths, air quality and ecology (126)
again I don't think you would see any surprises in that in terms of the impacts that are expected and the mitigation that's envisaged01:19:11 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
I mentioned the idp infrastructure delivery plan as well um which I see as largely a sort of factual assessment of of what's needed rather than necessarily a judgment thing in an ideal world I would have brought that to to members I think beforehand but it's it's not been possible due to time constraints01:19:23 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
having said that um we can bring them um whether you wish them to come before the consultation goes out or uh during the consultation period bearing in mind that we're doing this as a two-phase regulation 19 consultation so if there were issues we could broaden the scope of the second regulation 19 consultation to include any changes that members wanted to see01:19:50 ▶ · 3. The second consultation – anything that could be classed as predeterminative (104)
bearing in mind that we're doing this as a two-phase regulation 19 consultation so if there were issues we could broaden the scope of the second regulation 19 consultation to include any changes that members wanted to see01:19:58 ▶ · F. “Significant change” (28)
the evidence base is is a constantly evolving process as we go into the examination so even after the regulation 19 consultation these documents won't necessarily be fixed … I wouldn't want members to think that the evidence base that's going out with this consultation is the final evidence base and won't be touched. It will be.01:22:24 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
so we have an updated HRA again as I say it won't be a final one because as I say there's further work ongoing and there will be even beyond the regulation 19 consultation um we were never going to have the greater extra transport study for this point in time so that's always going to be the second round of consultation we will have an idp for the launch of the consultation … the water cycle study again we will not have that for for this consultation01:24:01 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
the water cycle study again we will not have that for for this consultation but it's not I don't see it as an essential requirement for this consultation … it's not necessarily specifically informing policies in the plan01:24:31 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
we were looking I think to uh start the consultation on uh the second regulation 19 consultation by mid may01:26:06 ▶ · 3. The second consultation – anything that could be classed as predeterminative (104)
well I think the main ones you you would have that you haven't are you could see the latest iteration of the Habitat Regulations assessment and the infrastructure delivery plan but there is also the final viability assessment … qualities impact assessment you haven't seen … the sustainability appraisal is an iterative process so that's been carried out alongside so I've lost track of which iteration you've seen probably not the latest01:27:27 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
sustainability appraisal again the sustainability appraisal is an iterative process so that's been carried out alongside so I've lost track of which iteration you've seen probably not the latest01:28:05 ▶ · H. Heritage and other (51)
sites within national landscapes well again you've seen assessments of the sites and national landscapes as part of this process um but you'll be aware you agreed a methodology for assessing the made which ones were major developments and the exceptional circumstances test so there's that element that you won't have seen the final wording of01:28:29 ▶ · I. Admissions (24)
there is that option with the second regulation 19 consultation to make changes to the plan obviously our intention is the regulation 19 consultation is specifically on the second new community the master plan and evidence that relates to that but there is no no reason why we can't broaden that if if needed01:36:12 ▶ · 3. The second consultation – anything that could be classed as predeterminative (104)
I think in terms of the new community policy I think I'm increasingly resigned to the fact that we will probably have to tweak that and send it out again with the second Reg 19 consultation … logically as part of the second regulation 19 consultation alongside the master plan we can also consult on any revisions to that policy02:01:55 ▶ · 3. The second consultation – anything that could be classed as predeterminative (104)
effectively the only real change is the change to the commencement of the regular the first phase regulation 19 consultation because the previous iteration said that would launch in january which obviously hasn't happened for reasons you'll be aware of and is now going out in February02:39:23 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
Strategic Planning Committee, 19 May 2025 (25)
We will obviously be bringing a feedback report on the Regulation 19 consultation to members in due course, setting out the responses that we've received and officers' response to those and recommendations about how we proceed with the plan.00:44:50 ▶ · G. Consultation and procedure (Regulation 19, AI, objections, generic answers, advice, future decisions) (85)
take the points that have been raised about uh taking time and getting it right obviously we've been working on this plan since 2021 so I don't feel it's been rushed … I don't believe there's any any false evidence it's simply that evidence is an ongoing process of updating and refreshing as we go00:45:11 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
we continue to work in refining the plan and the evidence that supports it and we'll continue to do so up until the point of submission um I don't believe there's any any false evidence it's simply that evidence is an ongoing process of updating and refreshing as we go … yes I I did believe and do believe that the Reg 19 plan was sound um but we obviously have to take on board the comments that we've received and review that position00:45:23 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
yes I I did believe and do believe that the Reg 19 plan was sound um but we obviously have to take on board the comments that we've received and review that position00:46:16 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
which it's been determined through previous work that development within 10 kilometres of those areas has an impact on those habitats in terms of recreational impacts from residential development within those areas.02:07:19 ▶ · I. Admissions (24)
and then there are off-site measures which are effectively the suitable alternative natural green spaces which members will be aware of and the strategy has delivered a number of those primarily to key sites in teambridge and we hope through the emerging strategy we'll be delivering further things and hopefully some in East Devon in this period02:08:55 ▶ · I. Admissions (24)
So that's something that's been worked on at the moment. It is going to go up fairly significantly from where it currently is.02:11:03 ▶ · I. Admissions (24)
the intention had been to do a two-stage regulation 19 consultation so that was stage one on the plan itself the intention was to have a second round of consultation that would start either later this month or early next month on essentially the new community so the master plan work that's going on on the new community and some of the supporting evidence on the new community02:14:45 ▶ · 3. The second consultation – anything that could be classed as predeterminative (104)
a number of concerns raised particularly by statutory bodies in relation to some of the evidence that's currently missing so there's mentioned the report about Environment Agency comments about the water cycle study which wasn't available for the consultation and still isn't completed unfortunately but we are making progress slowly they've also raised some concerns about the strategic flood risk assessment level two as some of the late addition sites hadn't been through the stage two process02:15:27 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
they've also raised some concerns about the strategic flood risk assessment level two as some of the late addition sites hadn't been through the stage two process02:15:49 ▶ · D. Deliverability: access, sewage, water, infrastructure, viability (“effective”) (125)
the evidence alongside and so that there were some some what we considered minor gaps in the evidence but some of the consultees have considered those to be more significant than perhaps we felt they were um and so um and and that was reflected in say the comments from the environment agency but also Natural England in terms of habitat mitigations issues02:16:12 ▶ · I. Admissions (24)
it was flagged up in the um the habitat uh assessments about the air quality impacts on the Pebblebed Heaths and the needs for mitigation strategy for that that work has been commissioned but we obviously don't have that yet um and that's obviously raising concerns from Natural England's perspective as well02:16:36 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
potentially proceed and add that evidence into the the process of potentially um building up issues so we say at the examination stage whereas it would be much better to have a position an agreed um position where hopefully these statutory consultees such as environment agency Natural England are happy with the plan at the point of submission and we can have a statement a common ground with them02:17:00 ▶ · A. Habitats Regulations, Pebble Bed Heaths, air quality and ecology (126)
it would be much better to have a position an agreed um position where hopefully these statutory consultees such as environment agency Natural England are happy with the plan at the point of submission and we can have a statement a common ground with them02:17:07 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
there's further work on the master plan to be done there's further transport modeling and assessment work being undertaken at the moment and discussions taking place with Devon County Council as a highway authority and national highways in relation to that um and that work um is not going to be completed in time for a consultation in june either02:18:32 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
just about leave us enough time to do this further work in terms of the evidence for the Local Plan itself … to run that consultation after the summer holidays so probably starting in october with the papers coming through this committee in september we can then run that for a six-week consultation to finish well before christmas uh report back the findings of that consultation early next year and then still submit the plan within the 18 months of the new NPPF02:19:25 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
it gives us an opportunity to address those in the second Reg 19 consultation in terms of the issues highlighted in terms of the Local Plan that we've already consulted on and also presenting a clearer narrative and framework for the delivery of the second new community02:20:47 ▶ · 3. The second consultation – anything that could be classed as predeterminative (104)
in terms of addressing the concerns that are coming through the consultation so it gives us an opportunity to address those in the second Reg 19 consultation in terms of the issues highlighted in terms of the Local Plan that we've already consulted on02:20:47 ▶ · F. “Significant change” (28)
terms of um summarizing the feedback that we've received um we could probably bring a summary of that to the next meeting … I actually have a meeting with the team tomorrow to sort of go through that now that they've fully reviewed the responses so be in a better position to sort of discuss that with with the chair and decide how we want to deal with that … my only concern is that it probably raises lots of questions without us necessarily having the answers so there's a bit of a sequencing thing there that we need to think through and discuss02:22:19 ▶ · G. Consultation and procedure (Regulation 19, AI, objections, generic answers, advice, future decisions) (85)
a lot of people I think didn't necessarily want to answer that question and they just wanted to tell us what they thought of the plan. So they didn't necessarily understand the nature of the consultation, … it inevitably causes some confusion uh and doesn't enable people to say what they want to say02:24:30 ▶ · G. Consultation and procedure (Regulation 19, AI, objections, generic answers, advice, future decisions) (85)
we have unfortunately had to wait over six months for data from southwest water to inform the study … some of it is not what we were asking for um so there's further work needed … there'll be an absolute final date of needing to bring that to members before that second round of Reg 19 consultation but really we want it well before then02:28:55 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
there'll be an absolute final date of needing to bring that to members before that second round of Reg 19 consultation … mindful that it's a particularly controversial issue and a particularly important issue for for the impacts of development in in the plan on the environment02:29:59 ▶ · D. Deliverability: access, sewage, water, infrastructure, viability (“effective”) (125)
Well it will have to be at or around the start of June because the 18 months of the NPPF being published just before Christmas is an absolute critical date if we don't hit that then we can't comply with the transitional arrangements and we'd have to increase our housing numbers by over 25%.02:31:38 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
I think much of the issue was in relation to exmo's 20 site which the public speakers were referring to I think some of the confusion is because while we did consult on that site at regulation 18 stage it was at that time a rejected site based on officers' assessments and you recall that it was the committee that determined that you wanted to include it as an allocation in the plan and so I think a lot of people reviewing that Regulation 18 consultation didn't take it seriously as an allocation because it was at that time a rejected allocation and then was surprised that that situation changed02:33:47 ▶ · B. Site selection: HELAA, officer advice and why EXMO20 was included (“justified”) (93)
obviously the Regulation 19A consultation makes that clear that it was a proposed allocation in the plan that then enables people to comment on it in that context02:34:26 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
Strategic Planning Committee, 8 July 2025 (58)
but yes, I did believe it was sound at that time.00:23:43 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
And in terms of the Habitat's regulations, which I think is what you're referring to in terms of legal compliance, I think the HR at that time noted that there was some additional work needed, but I'm confident that it will comply by the time it needs to meet those legal tests.00:23:47 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
expo 46 I understand it's part of EXMO20 so it's just using the different names … all of the sites were taken through the correct process, as I've said previously. … obviously we had a lot of responses in terms of EXMO20 so that will need to form part of a future report considering what actions if any are needed to be taken with regard to that site but I don't consider that we're not in a position to do that today00:27:43 ▶ · I. Admissions (24)
obviously we had a lot of responses in terms of EXMO20 so that will need to form part of a future report considering what actions if any are needed to be taken with regard to that site00:28:33 ▶ · B. Site selection: HELAA, officer advice and why EXMO20 was included (“justified”) (93)
I think we went through a very open and transparent process in terms of site allocations … but that is their writers as members it's a democratic process they had all of the evidence and information in front of them to make an informed decision00:46:56 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
I think the issues that have been highlighted are cases where members have perhaps gone against officers' recommendations in terms of particular sites00:47:24 ▶ · B. Site selection: HELAA, officer advice and why EXMO20 was included (“justified”) (93)
In terms of the use of AI, AI, we do have a policy, or rather our IT providers have a policy on AI use, and I think the point here is also about use of private data, and I can assure people that no private details of anyone who's responded have been put through AI, simply the comments themselves have been summarized using AI in accordance with that policy.00:48:13 ▶ · 1. When the use of AI is mentioned (24)
I can assure people that no private details of anyone who's responded have been put through AI00:48:31 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
it has always been this council's position that whenever consulted on housing numbers, we have pushed back and pointed out the severe environmental and infrastructure and other constraints that this district has. … ultimately I think it's fair to say that the government's imperative to meet housing numbers and address the housing crisis has always taken priority over those concerns00:55:23 ▶ · E. Housing numbers: need, headroom and buffers (59)
And while some of those decisions went against my recommendation, I'm confident that members had all of the information to make informed decisions.00:57:12 ▶ · B. Site selection: HELAA, officer advice and why EXMO20 was included (“justified”) (93)
In terms of reversing or challenging those decisions, we need to go through a process, as I've already said, of reviewing the comments that we've received through the consultation, looking through the plan and coming back to members. Not today, that's not what today's meeting is about … and then the further consultation second regulation 19 consultation to follow when when residents and interested parties have the opportunity again to comment on the plan00:57:22 ▶ · 3. The second consultation – anything that could be classed as predeterminative (104)
You'll see, as has previously mentioned, a lot of responses in relation to site EXMO20, 1,100 responses, multiple petitions on that site, centred around concerns around biodiversity, flood risk infrastructure, and the procedures followed in relation to that site,01:27:03 ▶ · G. Consultation and procedure (Regulation 19, AI, objections, generic answers, advice, future decisions) (85)
and questions primarily from the development industry around us only meeting 80% of the standard method01:27:29 ▶ · I. Admissions (24)
Members will be aware of our relatively limited role in infrastructure delivery more as one potential source of funding through SIL and Section 106 agreements rather than a direct deliverer of a lot of those infrastructure requirements.01:28:40 ▶ · D. Deliverability: access, sewage, water, infrastructure, viability (“effective”) (125)
we've moved from this duty to have regard to the national landscape to a duty to further the purposes of the national landscape which isn't reflected in the plan and so it's not a surprise that that's been raised by various parties including Natural England so we need to respond to that01:30:04 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
As we were aware there's more evidence coming in terms of transport issues the new community so some of the comments in relation to those issues and no surprise we knew that there were gaps there that needed to be filled01:30:56 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
water quality issues members will be aware the water cycle study is a bit of an ongoing piece of work that's taking much longer than anticipated we are now making some progress though and I'm confident we will have a final version of that study for the second round the regulation 19 consultation01:31:31 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
heritage issues so there's a number of issues in terms of impacts on listed buildings and scheduled ancient monuments um in terms of the site allocations um we're picking those up with site promoters01:31:53 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
as I think I highlighted at the last meeting in terms of the level two strategic flood risk assessment uh we were aware that there were a couple of sites that were added in at quite a late stage that hadn't been through that process so that work is is ongoing01:32:19 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
processes um that flags up that um you know there is a need to minimize changes to the plan If we want to remain within those transitional arrangements for the introduction of the new version of the NPPF … It doesn't necessarily mean that we can't make significant changes. We just need to be mindful of the impact of that, particularly in terms of housing numbers.01:33:11 ▶ · 3. The second consultation – anything that could be classed as predeterminative (104)
If we cannot progress under the transitional arrangements, it obviously makes the whole situation substantially worse if we've then got to increase our housing numbers by 25% and allocate more sites,01:33:49 ▶ · E. Housing numbers: need, headroom and buffers (59)
the new community master plan work is is progressing um so confident that we'll have that work uh complete and ready for the consultation alongside uh financial assessment work viability work and infrastructure delivery plan etc for that greater extra transport study work continues to progress with discussions through consultants who are modelling transport impacts01:34:21 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
other things to mention in terms of pebble bed he says the air quality assessment and mitigation strategy that works progressing well with the consultants and again confident that we will have an approach to that that addresses the concerns that have been raised in time for the consultation the second regulation 19 consultation in October01:35:06 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
we've also got consultants recommissioned to update the housing needs assessment work members will recall that that work was done quite early in the process we need to make sure that that's up to date at the point of submission01:35:28 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
obviously the total housing numbers are set by government and the standard method so that's not going to change01:35:39 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
so duty to cooperate and statements of common ground that works ongoing as well in terms of responding particularly to those statutory consultations consultees rather and neighbouring authorities in terms of issues that have been raised and trying to nail those down and get statements of common ground ready to ideally accompany the second regulation 19 consultation01:35:51 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
but you'll see that the intention is still to be in a position to have a revised version of the plan to bring to members in September or October ready for a second Regulation 19 consultation01:36:39 ▶ · 3. The second consultation – anything that could be classed as predeterminative (104)
so it's the appendix is is basically the document that will form part of the evidence library we're working on actually publishing the comments themselves as well um so the intention is to make those available01:41:41 ▶ · G. Consultation and procedure (Regulation 19, AI, objections, generic answers, advice, future decisions) (85)
I hadn't um for example expected the environment agency to be objecting to us not having the motorcycle study because it's not a requirement to have a motorcycle study01:46:02 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
some comments around sort of heritage issues I suppose I'm surprised at the veracity of some of them … But there is some further work, particularly on some sort of archaeological issues, further survey work that's needed.01:46:19 ▶ · I. Admissions (24)
But there is some further work, particularly on some sort of archaeological issues, further survey work that's needed.01:46:52 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
I mean, we knew that there was some work that still needed to be done in terms of Stage 2 SFRA, for example. we knew there were some sites that hadn't been through that process because they were added in quite late we knew we didn't have the water cycle study we knew that the HRA required some some further work01:47:06 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
But yes, in terms of the final iteration, I need to pick this up with Wendy in terms of dates for committee meetings, but yes, I think we're still on track to have the final iteration before the committee sort of late September at the latest first week in October so that we can launch the consultation in October.01:47:47 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
I think we have to expect that we will be asked to undertake an early review um because the government's direction of travel as we know is the higher standard method figures01:48:34 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
I know we definitely wrote to all town and parish councils to highlight the consultation to them So we definitely engaged with them and, as I say, carried it out in accordance with the instructions of the committee through the statement of community involvement and previous reports.01:52:02 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
at the moment I I don't have a solution to how we would meet those additional housing numbers01:55:37 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
some sites um are more challenging than others raise more issues than others uh some are in in larger settlements locations where there are more people affected than than others01:55:56 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
I'm not by any means suggesting that we we shouldn't have regard to the volume of objections to particular sites and and take those comments seriously and and and reconsider those sites as appropriate01:56:34 ▶ · G. Consultation and procedure (Regulation 19, AI, objections, generic answers, advice, future decisions) (85)
I would be concerned if the committee started to make decisions about revisiting sites or changing sites today because you don't have that report you don't have that information in front of you so you're not in a position to do that today I would suggest01:57:46 ▶ · 3. The second consultation – anything that could be classed as predeterminative (104)
Obviously, a number of them are from residents of Exmouth, and you may well be right, perhaps the majority of residents of Exmouth don't agree with that, but the majority of responses overall felt that the strategy was acceptable.02:00:53 ▶ · I. Admissions (24)
the consultation needs to go live in October so we'll need to bring all of the the final version of the plan for consultation all the materials the evidence including the water cycle study through the committee before then I'm hoping that will be around the end of september02:02:21 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
work is progressing on all of these these work streams some of them do rely on consultants as you've highlighted the water cycle study the air quality assessment on Pebblebed Heaths the transport study um so there are lots of moving cogs in in this piece but as things stand today I I think that timetable is is achievable02:03:09 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
we purposefully brought that document through right at the start of this process because it's so fundamental to the strategy um so I would be concerned if members wanted to revisit that because that that turns the whole thing on its head02:06:23 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
so I would be concerned if members wanted to revisit that because that that turns the whole thing on its head … I think you would very quickly get into the territory of substantial changes that would take us outside of the transition arrangements if you wanted to revisit fundamental principles like that02:06:29 ▶ · 3. The second consultation – anything that could be classed as predeterminative (104)
I think when we went through the site assessments we were um trying to identify opportunities wherever possible to accommodate growth in eczema for by far our biggest town and um and but it is quite constrained as as you've already heard in terms of the sites we have chosen never mind the ones we haven't um both in terms of environmental constraints but in particular but also in terms of infrastructure and other constraints02:08:02 ▶ · C. Reasonable alternatives (27)
So I think we can show an inspector and through an examination process of the plan that we've been through a logical process of considering those settlements and their role through the role and settlement study and have explored options for more strategic levels of growth and found them not to be acceptable.02:09:51 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
I I think to be honest in most cases there are objections about soundness of the plan that's how we asked people to phrase their their responses02:10:57 ▶ · G. Consultation and procedure (Regulation 19, AI, objections, generic answers, advice, future decisions) (85)
but that doesn't mean that they can't be overcome they're not saying necessarily that they're insurmountable um that they need reassurance on particular points need to see further information further evidence on certain points02:11:12 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
I think where I start to get concerned about making significant changes at this stage is is where we start you know the implications of potentially taking a site out on the housing numbers … but ultimately you know I'm in your hands as committee in terms of changes and and the plan needs to be sound fundamentally02:15:19 ▶ · F. “Significant change” (28)
so the full sentence is at this stage of plan making it's not considered that substantive review of whether sites should be removed from the plan and not shown as allocations is appropriate … so I have to caution you in terms of of that kind of substantial substantive review but I think uh going back to the the recommendations within this report if there are particular sites that members are now concerned about given what you now know um from the consultation responses then uh highlight those we can take those away and we can bring you a report02:16:43 ▶ · 3. The second consultation – anything that could be classed as predeterminative (104)
I'm not saying you can't do it obviously you can um it's in your gift to to make those changes and if those changes lead to us falling out the transitional arrangements we would have to deal with the consequences of that02:18:31 ▶ · F. “Significant change” (28)
but the consequences are that the housing numbers would go up by about 25 percent and we would have to revisit the site allocations on a much bigger scale than than you were perhaps envisaging um to try and meet those additional numbers and frankly from the work we've done I don't know where those additional sites would come from02:18:41 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
I don't think it would be appropriate for me to bring a report that considered the case for potentially removing any sites without also considering the implications of doing so, both in terms of the housing numbers, what happens if you remove this site in terms of our housing numbers?03:08:03 ▶ · 3. The second consultation – anything that could be classed as predeterminative (104)
do you then need to make alternative provision what are those alternative sites and what's the case for for them overturning your previous decision not to include them and then to include them now03:08:23 ▶ · C. Reasonable alternatives (27)
I think the short answer is no not really um I mean I think once a site is allocated in a plan you're basically accepting it's appropriate for it to come forward03:11:12 ▶ · G. Consultation and procedure (Regulation 19, AI, objections, generic answers, advice, future decisions) (85)
because a particular site has has an issue that means it may not come forward you sort of put in an alternate that's not good practice I would suggest and I don't think it would be appropriate in this circumstance03:12:10 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
I think we took away an action from a previous meeting about revisiting the densities and the quantum of development each site was accommodating and trying to maximise what we thought they could accommodate. So we have been through that process and we can review that again as part of this exercise03:14:36 ▶ · I. Admissions (24)
If it helps, so my understanding is the addition is that officers bring a report that addresses the coastal CCMAs, the water cycle study, duty to cooperate, the wind energy areas, and the sites known as EXMO20, Exmo_17, WIM 08, WIM 11, FENI 08, Ottery 20, and LIMP 01,03:23:22 ▶ · B. Site selection: HELAA, officer advice and why EXMO20 was included (“justified”) (93)
Strategic Planning Committee, 2 September 2025 – afternoon session (10)
Our advice is that it would need to go through stage two of the strategic flood risk assessment regardless of that. So there's quite a lot of additional reports which I think we worked out amounted to well tens of thousands of pounds of work and the landowner has not been willing to do that work. … So the fact that we don't have a willing landowner and we don't have sufficient information to overcome the objections that have been raised we're reluctantly recommending that we do not allocate site BRCL underscore 2300:07:31 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
There's some comments about transit site provision, which needs to be looked at across the wider area in consultation with neighbouring authorities, given that the need that's identified is not specific to East Devon, so that's a piece of work that we need to pick up separately but doesn't require further work in terms of allocations in the Local Plan.00:09:14 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
well we'll have to bring back a new version of the plan to be agreed to get for the next Reg 19 consultation anyway so we can incorporate any further changes then00:17:56 ▶ · 3. The second consultation – anything that could be classed as predeterminative (104)
there's obviously ongoing transport work still in terms of the greater extra transport study that's just touched on here we are beginning to see some outputs and findings from that so hope to be able to bring that work to you alongside the work on the second new community at our next meeting00:29:38 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
that's ongoing implications of additional traffic for the pebble adhesive I think I mentioned this earlier in terms of the Habitat Regulations assessment work … so we've got consultants looking at that and developing a mitigation strategy for that which again is further evidence we will bring to you in due course00:30:04 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
the long-running saga of the water cycle study so you'll know the environment agency raised some concerns about lack of evidence in regard to water quality issues in response to regulation 19 plan and a desire to see a water cycle study members will be aware that was commissioned some time ago there's still some additional work to be done … I hope that we'll have a complete water cycle study shortly and certainly be bringing that to you uh alongside this for the second regulation 19 consultation accepting that that's important evidence that we have for that consultation exercise00:30:35 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
and the other thing is obviously the long-running saga of the water cycle study so you'll know the environment agency raised some concerns about lack of evidence in regard to water quality issues in response to regulation 19 plan and a desire to see a water cycle study members will be aware that was commissioned some time ago there's still some additional work to be done first of all in terms of aligning that work with the current allocations as sit in Local Plan as of now because obviously that work was that modelling was originally done earlier in the process against the previous set of allocations00:30:35 ▶ · D. Deliverability: access, sewage, water, infrastructure, viability (“effective”) (125)
perhaps more fundamentally is further work in terms of understanding the impacts on transmission infrastructure particularly that leading to the Maer Lane wastewater treatment works given the known issues in Exxon for wanting to have a better understanding of that … I hope that we'll have a complete water cycle study shortly and certainly be bringing that to you uh alongside this for the second regulation 19 consultation accepting that that's important evidence that we have for that consultation exercise00:31:11 ▶ · D. Deliverability: access, sewage, water, infrastructure, viability (“effective”) (125)
we feel with the benefit of hindsight that a policy that covers off those areas across the whole plan area would be beneficial … don't have the detailed wording today but if members are happy we can work that up to go into the next situation of the plan for the second Reg 19 consultation00:33:02 ▶ · 3. The second consultation – anything that could be classed as predeterminative (104)
protection zones we feel with the benefit of hindsight that a policy that covers off those areas across the whole plan area would be beneficial in terms of having a robust approach to the water environment in the plan00:33:02 ▶ · D. Deliverability: access, sewage, water, infrastructure, viability (“effective”) (125)
Strategic Planning Committee, 2 September 2025 – morning session (70)
as it subsequently came to light that a representation that we had summarized in the feedback report was actually a petition and it had 80 over 80 signatures to it … so that was just recorded as a letter in the feedback report but did actually have over 80 signatures to it00:29:58 ▶ · G. Consultation and procedure (Regulation 19, AI, objections, generic answers, advice, future decisions) (85)
this guidance makes it clear that a plan is to be taken as having reached regulation 19 on the date the subsequent round of consultation commenced in limited circumstances and these could include instances such as when the content of an emerging plan has changed significantly from the one presented at the initial regulation 19 stage … we can make significant changes to the plan but it has significant implications in terms of housing numbers and progression of this plan it would basically send us back to the drawing board in terms of site allocations00:31:23 ▶ · 3. The second consultation – anything that could be classed as predeterminative (104)
that this guidance makes it clear that a plan is to be taken as having reached regulation 19 on the date the subsequent round of consultation commenced in limited circumstances and these could include instances such as when the content of an emerging plan has changed significantly from the one presented at the initial regulation 19 stage … highlighted sentence that we cannot well we can make significant changes to the plan but it has significant implications in terms of housing numbers and progression of this plan it would basically send us back to the drawing board in terms of site allocations00:31:23 ▶ · F. “Significant change” (28)
under the transitional arrangements which allow us to present a plan that only meets 80 percent of the currently identified housing need … of the plan we potentially need to find over an additional 5 000 new homes if we don't remain within those transitional arrangements00:31:56 ▶ · E. Housing numbers: need, headroom and buffers (59)
the last year that's actually come down which has actually reduced our housing requirement figure so if we apply that it equates to a fall of just over 25 dwellings per year which when multiplied out over 22 years of the potential plan period equates to a fall of 563 homes … so this potentially gives us some additional headroom00:33:52 ▶ · E. Housing numbers: need, headroom and buffers (59)
news um I wouldn't want members to think that that gives us lots of breathing room though … So I think it's important that we perhaps bank that 56300:34:14 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
we've taken through this report some of that that feedback particularly the issues of greatest concern I think in terms of the feedback we've received and those from statutory consultees00:35:55 ▶ · G. Consultation and procedure (Regulation 19, AI, objections, generic answers, advice, future decisions) (85)
through a number of these sites there are also issues around mineral resource protection that Devon County Council have raised particularly in relation to site EXMO2000:36:58 ▶ · D. Deliverability: access, sewage, water, infrastructure, viability (“effective”) (125)
our feeling as officers was that other smaller new communities shall we say in that that same area were contrary to that agreed strategy so therefore they fell logically to be considered last00:41:13 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
so I'm not convinced that if we'd included say 2 000 homes at the cliffs villages proposal we'd actually have seen 2 000 more homes delivered in the planned period00:42:14 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
I mean what I would say is I'm not saying you can't make any changes … I'm not saying you can't do it I'm just advising you of the consequences00:44:43 ▶ · F. “Significant change” (28)
we need to be very mindful of not making such significant changes that we fall out of the transitional arrangements and inspector would take the view that the Reg 19 consultation on this plan started whenever our second regulation 19 consultation starts currently planned for for october00:44:54 ▶ · 3. The second consultation – anything that could be classed as predeterminative (104)
um some changes would be more significant than others I'm particularly concerned about changes in Exmouth because as our biggest town arguably it should be taking the greatest amount of growth00:45:26 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
said at paragraph 5.6 if you were to for example take out EXMO20 and I know we're going to come on to individual sites that equates to 48 percent of the total number of homes allocated in that settlement so if if you take that out it's fundamentally changing the strategy in this plan in terms of the scales of growth we're putting in different locations so I struggle to argue that that's not a significant change to the plan however um you'll see elsewhere in the agenda I'm actually recommending some changes to sites in in Honiton … but we're not changing the strategy because the numbers are made up within Honiton00:45:56 ▶ · F. “Significant change” (28)
within exmo I struggled to see how you would make up 700 homes on any other sites in fact if you included all the other rejected sites in exmo in place of EXMO20 you wouldn't make up 70000:46:38 ▶ · C. Reasonable alternatives (27)
and then there are other lesser changes where the impact is less we can mitigate that through through changes elsewhere without in my view making a significant change an inspector would say the paragraph I had up earlier in terms of the planning practice guidance would apply00:47:02 ▶ · F. “Significant change” (28)
if I move on to EXMO20 then so quite a number of issues members will recall we had over 1100 objections to this site and I think our further assessment is of a scale that reflects that level of opposition00:51:41 ▶ · G. Consultation and procedure (Regulation 19, AI, objections, generic answers, advice, future decisions) (85)
so the main issues raised during the consultation were harm to the Pebblebed Heaths loss of biodiversity ancient woodland and wildlife corridors adverse impact on the setting of St John in the Wilderness church and other heritage assets loss of tranquility dark skies and rural character00:52:04 ▶ · A. Habitats Regulations, Pebble Bed Heaths, air quality and ecology (126)
flood risk due to the clay soils and upstream location relative to withycombrook00:52:19 ▶ · D. Deliverability: access, sewage, water, infrastructure, viability (“effective”) (125)
concerns about the process in which the site had gone through suggestions it had not been properly consulted on at Regulation 18 stage00:52:36 ▶ · B. Site selection: HELAA, officer advice and why EXMO20 was included (“justified”) (93)
the only support I think came from the planning consultant and developer of the site00:52:45 ▶ · G. Consultation and procedure (Regulation 19, AI, objections, generic answers, advice, future decisions) (85)
considerations the site is a large site it encompasses an area of over 84 hectares and preliminary proposals that have come forward to us suggest that less than half of that site area would actually be developed in acknowledgement of its its constraints fundamentally00:52:57 ▶ · D. Deliverability: access, sewage, water, infrastructure, viability (“effective”) (125)
the 400 meter development buffer that's required to be provided from the boundaries of the site to the Pebblebed Heaths and this coincides with some of the higher more open parts of the site which would be more sensitive in landscape terms anyway so the fact that those areas wouldn't be developed helps to to minimize uh the landscape impacts00:53:15 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
um as has previously been discussed the site is somewhat apart from the built-up area of Exmouth and this causes some issues in terms of vehicle access to the site particularly given uh the constraints of St John's Road which is narrow tree lined and lacks width in terms of the footways00:53:53 ▶ · D. Deliverability: access, sewage, water, infrastructure, viability (“effective”) (125)
the only alternative and this was one of members main officers main concerns with this site originally was the need to create an access off the B3179 to the northeastern corner of the site and for traffic to then potentially have to drive quite a securitous route into the town from there00:54:14 ▶ · D. Deliverability: access, sewage, water, infrastructure, viability (“effective”) (125)
from there and obviously there are consequential impacts in terms of the character the B3179 and the need to run a road through that 400 meter exclusion zone from the Pebblebed Heath that I mentioned earlier which is obviously quite a significant cost on the development as well00:54:31 ▶ · A. Habitats Regulations, Pebble Bed Heaths, air quality and ecology (126)
there is however access to services and facilities through on St John's road and the opportunity to create good uh vehicular and cycling routes through there … so um there is an argument that uh that approach potentially encourages sustainable travel00:54:50 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
But there's no getting away from the fact that there are some landscape concerns with this site and those need to be weighed in the balance.00:55:47 ▶ · H. Heritage and other (51)
in terms of mineral considerations I mentioned Devon County Council have concerns about minerals constraints beneath this site … development could take place in that area but only if a mineral resource assessment shows that it's not going to limit the extraction of the potential economic value of that mineral resource00:55:53 ▶ · D. Deliverability: access, sewage, water, infrastructure, viability (“effective”) (125)
we understand Devon County Council officers are happy with the road running through that area so in terms of what's actually proposed here it's not a massive constraint00:57:02 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
this is obviously a more significant concern and we've done a lot of detailed work in terms of considering the impact on the heritage assets particularly St John in the Wilderness Church which is a Grade II star-listed building that lies sort of at the heart of the site.00:57:23 ▶ · H. Heritage and other (51)
analysis demonstrates that the site can accommodate the level of growth allocated as things stand within the the plan and obviously respect those more sensitive parts of the site00:58:12 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
that the site can accommodate at least 700 homes as per the the current allocation00:58:42 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
um we have proposed in the reports and redrafting of the allocation policy that picks up on some of these issues particularly around the need for detailed heritage assessment work this mineral safeguarding area and any development coming forward within the area needing to be subject to robust mineral resource assessment and the provision of an access road00:58:48 ▶ · D. Deliverability: access, sewage, water, infrastructure, viability (“effective”) (125)
but subject to those changes we believe that EXMO20 should be retained as an allocation for 700 dwellings in the plan00:59:19 ▶ · I. Admissions (24)
subject to those changes we believe that EXMO20 should be retained as an allocation for 700 dwellings in the plan00:59:19 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
page 65 of that document specifically looks at the impacts on the Pebble Bed Heaves, SAC and SPAR site and ultimately concludes in terms of the mitigations that are proposed within the plan that it would be acceptable as things stand. … That's an independent conclusion from Footprint Ecology.01:23:18 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
I would acknowledge in terms of the HRA work that there's ongoing work in terms of the issues of vehicle emissions and impacts on the Pebble Bed Heaves from that and we have another set of consultants looking at that and the mitigation strategies I do have to caveat that in terms of the HRA, in terms of that ongoing work01:23:34 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
as things stand. I would acknowledge in terms of the HRA work that there's ongoing work in terms of the issues of vehicle emissions and impacts on the Pebble Bed Heaves from that and we have another set of consultants looking at that and the mitigation strategies I do have to caveat that in terms of the HRA, in terms of that ongoing work01:23:34 ▶ · A. Habitats Regulations, Pebble Bed Heaths, air quality and ecology (126)
That's an independent conclusion from Footprint Ecology. That's not a piece of work we've done in-house. So that is an independent assessment of EXMO20 and the other sites in terms of its impact on the integrity and the biodiversity importance of the Pebble Bed Heaves, SAC and SPAR.01:24:00 ▶ · I. Admissions (24)
but naturally this is a greenfield site so there are going to be hedgerows with habitats within them and other habitats within trees and other assets within the site that will need to be considered through more detailed biodiversity assessment work in support of any application01:24:32 ▶ · A. Habitats Regulations, Pebble Bed Heaths, air quality and ecology (126)
but that's a more detailed design matter but there's not anything that's a barrier to allocation at this stage in terms of the site itself01:24:58 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
obviously if we're creating an access onto that there may well be a need to revisit speed limits along that route look at the visibility displays for that junction again those are detailed design points at the application stage … I think at that point it is a national speed limit01:25:14 ▶ · D. Deliverability: access, sewage, water, infrastructure, viability (“effective”) (125)
again I understand the access on to uh St John's road through parcel 12 in terms of the plan that's on page 38 in the agenda has been looked at I believe vehicle access is not achievable at that point01:25:47 ▶ · D. Deliverability: access, sewage, water, infrastructure, viability (“effective”) (125)
terms of EXMO20 um the proposal is an allocation of around 700 homes and at least two hectares of employment land with social and community facilities I'm not sure where the thousand homes has come from um but that's not in our minds01:26:51 ▶ · I. Admissions (24)
so we did do public exhibition in Exmo as part of the regulation 18 consultation um we had an event in the ocean Centre on the seafront at that time01:27:09 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
the proximity to the Pebblebed Heaths and that access as I've already mentioned that is is a concern and still a question mark in terms of the impact of additional vehicle movements that are created over the Pebblebed Heaths and the impact of that on the environment there uh so we've got consultants doing a piece of work in terms of assessing that and developing a mitigation strategy um which we haven't received yet but we'll need to to come into the final evidence uh to support this work um before the second regulation 19 consultation could go out01:28:10 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
um the proximity to the Pebblebed Heaths and that access as I've already mentioned that is is a concern and still a question mark in terms of the impact of additional vehicle movements that are created over the Pebblebed Heaths and the impact of that on the environment there uh so we've got consultants doing a piece of work in terms of assessing that and developing a mitigation strategy um which we haven't received yet but we'll need to to come into the final evidence uh to support this work um before the second regulation 19 consultation could go out01:28:10 ▶ · A. Habitats Regulations, Pebble Bed Heaths, air quality and ecology (126)
7.42d when it talks about 300 is talking about the capacity of the access onto St John's road at a southern part of the site rather than the capacity of the site itself01:29:01 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
given that I think we're only talking about 150 homes accessing at that southern part of the site the remainder would have to to be accessed to to the north onto the B317901:29:29 ▶ · D. Deliverability: access, sewage, water, infrastructure, viability (“effective”) (125)
I don't think there are any plans to extract it at any point at this stage … so I understand it's sand and gravel that's beneath the site and it would just be owned by the landowner01:36:06 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
what you described council blake is where we are really by the time you take into account the 400 meter zone for the Pebblebed Heaths and the mineral extraction zone we end up with those northern parts of the site not coming forward for development in any event01:46:26 ▶ · E. Housing numbers: need, headroom and buffers (59)
by the time you take into account the 400 meter zone for the Pebblebed Heaths and the mineral extraction zone we end up with those northern parts of the site not coming forward for development in any event01:46:26 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
we did think about redrawing the boundary to to reflect that I think the difficulty is at this stage we don't know where the access road would come in from from the B3179 um and obviously the access road is part of the sites and needs to be within the site boundary so as things stand we've we've left the site boundary as originally proposed01:46:35 ▶ · D. Deliverability: access, sewage, water, infrastructure, viability (“effective”) (125)
I understand that has been explored but um as you point out there are some levels issues with that and also watercourse in between the two sites as well um so that's not feasible as I understand it01:47:41 ▶ · D. Deliverability: access, sewage, water, infrastructure, viability (“effective”) (125)
from memory this site does drop away quite steeply at the southern part certainly it's quite noticeable if you go to the southern part of the existing liverton business part how much lower that is you've also got quite a substantial bit of woodland in this corner that you'd have to go through as well as over the watercourse so it's not impossible as you say Councillor How but it's not something that's been proposed as far as I'm aware and it would have significant costs and environmental impacts02:01:06 ▶ · D. Deliverability: access, sewage, water, infrastructure, viability (“effective”) (125)
and I think in terms of creating an access while I accept the issues of the B3179 and the relationship with the um pebble red heaps creating an access in from here is is going to be far simpler but there are going to be significant costs of running a road across well I'm pointing there I don't know where the road would be … it's obviously got to come right the way across to this line here before it's going to be serving any any homes at least um so there's going to be significant cost in that as well02:02:00 ▶ · D. Deliverability: access, sewage, water, infrastructure, viability (“effective”) (125)
so I think we can certainly send the message that we're open to looking at alternative access arrangements but it's difficult to see how that would be achieved02:02:29 ▶ · I. Admissions (24)
which has led to objections to the allocation by Devon County Council unless further archaeological work is undertaken. We've requested that the site owner undertake this work but it's not proceeded and so we're struggling to justify this site in light of those objections02:24:24 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
So further work is needed in terms of assessing the impact on those remains. In this case additional work is being undertaken but until the trenches, basically they need to dig some trenches and do some excavation work to understand what's underneath there um and that work is ongoing at the moment … obviously we might need to revisit that once we've got those archaeological works uh undertaken and completed02:26:37 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
Yes, I did comment to Bat, but that was a bit later than I'd hoped we'd have results in terms of the archaeological works hopefully we might have some initial findings um before then obviously the plan is at least as things stand to have the uh second Reg 19 consultation launching in october so if we don't get the final results until mid-november that's a little bit later than I'd hoped02:30:11 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
there's always been issues with these sites in terms of their landscape impact and impact on heritage assets which are reasons why officers raised concerns with them uh initially … so in light of the objections that we've received and these concerns we feel we're struggling to justify continuing to allocate these sites02:33:34 ▶ · H. Heritage and other (51)
stage some rejecters raise concerns about that process but there's no reason why further sites can't be included at regulation 19 stage02:38:41 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
so mindful of the guidance I gave you earlier about significant changes to the plan this would not be changing the strategy that underpins the plan or the number of homes coming forward in any particular location.02:41:11 ▶ · 3. The second consultation – anything that could be classed as predeterminative (104)
except it wasn't consulted at Reg 18 stage which does set it apart from a lot of the other sites it's only had one round of consultation but that is legitimate in terms of the legislation03:05:05 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
I think perhaps there are some lessons to be learned in terms of the different stages of consultation for example at Reg 18 consultation the fact that we had you know first choice second choice sites rejected sites and people took that as read that that's where things were … those rejected at that stage wouldn't come back and then they've come back03:07:36 ▶ · B. Site selection: HELAA, officer advice and why EXMO20 was included (“justified”) (93)
I'm struggling to see why we would have the impact on the listed buildings here and how we would justify that to to the examination of the plan um given that we should in principle be avoiding those kind of impacts I appreciate we've looked at some similar cases in Exmouth where there's been impacts on listed buildings and we've looked at how we can mitigate those in terms of positioning of open space landscaping and things but that was to ensure that we're maximizing the numbers at our biggest town most sustainable location03:24:11 ▶ · H. Heritage and other (51)
this is just to note that there's further work needed in terms of the archaeological remains on the site as per some of the previous sites referred to with trenches needed to be dug to understand what's under the site and so we can't we don't have that information as yet03:55:59 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
obviously further flood modeling will be needed and we'll need to come forward through any planning application process but we feel we have the level of information needed to make an allocation at this stage04:09:32 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
as with some of the other sites we're awaiting additional information um particularly in relation to um archaeology uh on the site so the officer recommendation is to wait for that further information before drawing conclusions but fundamentally to leave it in this allocation in the meantime04:42:38 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
Strategic Planning Committee, 30 September 2025 (21)
I think the first one was about responses to questions and comments made through the first Reg 19 consultation. I mean, obviously, we received over 3,000 comments, so we won't be responding on a one-to-one basis. but obviously reports that have come through this committee and are coming through this committee respond to a lot of the comments that have been received.00:20:52 ▶ · G. Consultation and procedure (Regulation 19, AI, objections, generic answers, advice, future decisions) (85)
So obviously there was the report last time that you saw in relation to EXMO20 and other sites. There will obviously be reports and documents in the second Reg 19 consultation yet to come through the committee, which will also respond to comments received.00:21:12 ▶ · 3. The second consultation – anything that could be classed as predeterminative (104)
obviously they're entitled to promote what they want to promote but the plan is is the plan that's what we think is is acceptable moving forward in terms of EXMO20 um so there's no reason there's no need for their plans to align with ours00:21:34 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
no need for their plans to align with ours the key thing is that we are setting out in the Local Plan what we think is acceptable for EXMO20 they can make an application for something else if they want to doesn't mean it's going to be acceptable to us um but they are entitled to um and that can be considered ahead of the Local Plan and could potentially be approved ahead of the Local Plan00:21:46 ▶ · G. Consultation and procedure (Regulation 19, AI, objections, generic answers, advice, future decisions) (85)
I brought a report that's about last summer assessing our opportunities in terms of promoting a lower housing number uh and that report identified all of the risks and associated with that and nothing's really changed since then I'm not aware of any local authority that has successfully taken forward a plan at a significantly lower figure than the standard method set by government00:26:15 ▶ · I. Admissions (24)
the consequences of not promoting a plan that achieves that is that we don't have a Local Plan we continue to not have an up-to-date Local Plan we therefore wouldn't have a five-year housing and supply00:26:35 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
So, hence my advice is to take control of the situation, deliver a Local Plan that meets the standard method housing need but have control over where that happens and how that happens in East Devon.00:27:32 ▶ · E. Housing numbers: need, headroom and buffers (59)
yes so there was an error on the powerpoint slide at the last meeting which showed a slightly larger site than is actually proposed for allocation in the plan00:28:31 ▶ · H. Heritage and other (51)
we will make sure that plan is absolutely correct and that's the plan that gets signed off for agreement in the plan and for consultation00:28:50 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
there will of course still need to be some improvements to the road network so junction improvements at the airport junction kiss it may round about in particular still having discussions with national highways … transport vision work that's been going on and continues to go on to refine those proposals00:47:41 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
the recommendations members are asked to agree uh the vision statement for markham to be included in the Reg 19 consultation uh and the revised wording for strategic policy wso1 uh which is the allocation in the Local Plan … make those recommendations for those documents to go forward as part of the upcoming second regulation 19 consultation00:50:41 ▶ · 3. The second consultation – anything that could be classed as predeterminative (104)
The intention is to work that up into a full infrastructure delivery plan for Markham, which will set out sort of costings and how these things would be delivered. But at this stage, we've just got a list of projects and the priorities that we put against them.00:51:58 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
rig 19 consultation I think the timeline I brought forward was um to launch that in october I think realistically it's probably more likely to be november now we're still waiting on a couple of key documents particularly the water cycle study and um the assessment of air quality issues on the pelvis um so I think I'm currently looking at um sticking to I think we've got a meeting scheduled on the 4th of November of using that meeting to agree the consultation materials in the final Reg 19 plan and then launching the consultation as soon as possible after that for a six-week period to end before Christmas.00:56:07 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
we're still waiting on a couple of key documents particularly the water cycle study and um the assessment of air quality issues on the pelvis00:56:14 ▶ · A. Habitats Regulations, Pebble Bed Heaths, air quality and ecology (126)
always ends up being the variable within this but our aspiration remains to deliver 40% affordable housing as is set out in the policy but we acknowledge that we will need grant funding from government to achieve that fundamentally without that it would be a significantly lower proportion … as things stand we have little clarity in terms of exactly what it means in terms of the new towns program00:59:23 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
you can only realistically predict a certain number of homes coming forward in this planned period … so I don't think the solution that was suggested earlier of of you know deleting sites in the plan and just putting higher numbers that Marlcombe actually works in in reality um as much as that might be a convenient solution01:14:40 ▶ · I. Admissions (24)
there's further work that's needed in terms of the package treatment plant solution in terms of understanding how that would work how that would discharge and those discussions with the environment agency01:22:27 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
So, SANGs is obviously a requirement of Habitat Regulations, provide mitigation for bed heaves and the accessory by the rest01:49:18 ▶ · A. Habitats Regulations, Pebble Bed Heaths, air quality and ecology (126)
obviously the recommendation is for members to consider and comment on it not necessarily agree it at this stage because we will be bringing the full infrastructure delivery plan to a future meeting anyway01:56:50 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
so the intention is that alongside this policy we would do a supplementary planning document to explain what is quite a technical area02:14:39 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
we feel that national landscape should also be excluded from the application of that policy because obviously it's our highest landscape designation very important that those are protected requirements further the purposes of national landscape02:22:30 ▶ · H. Heritage and other (51)
Strategic Planning Committee, 25 November 2025 – afternoon session (8)
so there's a need to update the heritage strategy alongside the new Local Plan and this partly responds to issues raised by historic England in terms of the detail that goes with the Local Plan on heritage matters.00:00:36 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
so hopefully having this alongside this last round of Reg 19 consultation will help to address their concerns.00:01:08 ▶ · 3. The second consultation – anything that could be classed as predeterminative (104)
the supply position however remains significantly below the five-year requirements and so the tilted balance must continue to be applied with substantial weight to be given to bolstering housing supply.00:08:16 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
Once the Local Plan is adopted we can measure it against the requirement figure within the plan which is the 80% of the current standard method because we're going through the transitional arrangements under the NPPF00:08:41 ▶ · E. Housing numbers: need, headroom and buffers (59)
the worst case scenario is this 20 20 buffer scenario but as the chair said that would if that applied that would drop away a point of adoption of the new plan00:14:40 ▶ · E. Housing numbers: need, headroom and buffers (59)
or not if the infrastructure is not going to come forward in a suitable time scale for that permission to be implemented whether or not we need to then refuse permission on the basis of the impact of that development on the water environment00:15:59 ▶ · I. Admissions (24)
so hopefully those things will all come together through the consultation and we'll reach a clear position with both southwest water and environment agency through that additional work um and I think that's where we need to try and get to for this additional report next year on the water cycle study00:17:09 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
it also comes back to the step trajectory so um while the requirement is what are we aiming for 954 a year across the plan period um but the step trajectory means it's lower than that in those early years of the plan00:29:03 ▶ · I. Admissions (24)
Strategic Planning Committee, 25 November 2025 – morning session (39)
obviously members have received reports after each consultation summarizing the responses received and then a series of reports about how we've then taken those comments on board and the amendments that have been made to the plan00:14:46 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
however clearly we haven't addressed all of the comments that the public have been raising um in some cases it's simply not possible to address those concerns and we don't feel that it's necessary to do so00:15:04 ▶ · G. Consultation and procedure (Regulation 19, AI, objections, generic answers, advice, future decisions) (85)
I'm confident all comments have been heard and considered through the process and that's documented in the reports that you've received00:15:14 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
there was a call to remove ambiguity over the 400 meter zone for EXMO20 concern about commercial and other uses in those areas the requirement for the 400 meter zone however relates to residential development … I don't see a planning basis upon which to restrict those uses within that zone.00:15:25 ▶ · I. Admissions (24)
the requirement for the 400 meter zone however relates to residential development and in particular impacts on wildlife arising from predation from pets and animals kept at residential properties within that zone and fires, domestic fires and things. Those issues wouldn't arise with community uses or commercial uses and so I don't see a planning basis upon which to restrict those uses within that zone.00:15:32 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
We obviously need to be very careful about the impacts on the wider landscape and the habitats which would need to be assessed for an application process and Habitat Regulations assessment at that time00:16:00 ▶ · A. Habitats Regulations, Pebble Bed Heaths, air quality and ecology (126)
obviously the access into eximo 20 is through that 400 meter zone and so we need to ensure that the site has an acceptable access for it to be viable and deliverable we don't know precisely where that access will come in and so we can't draw a line just around the access we need the whole of that area within the site00:16:33 ▶ · D. Deliverability: access, sewage, water, infrastructure, viability (“effective”) (125)
In terms of the Habitat Regulations assessment I'll freely admit I had hoped that we would have that completely addressed by now and would be able to rule out significant effects on the Pebblebed Heaths in terms of air quality issues unfortunately that isn't the case there is further work needed in terms of developing a mitigation strategy … we obviously have a bit more time before we submit the plan and it's at the point of submission that we really need to be satisfied that the plan is legally sound and meets those tests so we have a bit of work to do to get to that point00:17:37 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
What we have is a robust assessment of the impacts there and a document that sets out what some of those mitigation measures might be. … I would draw a comparison between that and when we were doing the previous Local Plan00:18:02 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
But in order to develop a detailed mitigation strategy, there's further work needed in terms of understanding what those mitigations are, how they would be delivered, how they would be funded, and to discuss those with natural landowners and other stakeholders.00:18:12 ▶ · A. Habitats Regulations, Pebble Bed Heaths, air quality and ecology (126)
we obviously have a bit more time before we submit the plan and it's at the point of submission that we really need to be satisfied that the plan is legally sound and meets those tests so we have a bit of work to do to get to that point but we're doing everything we can to make sure we are at the plan submission.00:18:50 ▶ · A. Habitats Regulations, Pebble Bed Heaths, air quality and ecology (126)
The concern about access onto the Salterton Road is large in terms of the impact on the national landscape … we're concerned about the engineering operations and the land works that would be involved in terms of creating an access at that point and the visual impact of that on the setting of the national landscape00:19:14 ▶ · I. Admissions (24)
I wouldn't accept the spare capacity we need headroom in the plan to ensure that it's a robust and sound plan so um it's a purely hypothetical question and I don't suggest I answer hypothetical questions00:23:01 ▶ · I. Admissions (24)
so this item seeks committee approval for the second stage of Reg 19 consultation the intention being to start the consultation at the end of this week and run through to the 26th of January … What you have in the papers is a changes version of the plan, which includes changes agreed at members' previous meetings. Obviously, some changes were agreed, particularly at the 2nd of September meeting in relation to particular sites and in relation to Marlcoom.00:28:17 ▶ · 3. The second consultation – anything that could be classed as predeterminative (104)
There are also various updates in response to Habitat Regulations assessment to make it clear that appropriate mitigation will be required … There are updates in response to the Further, strategic flood risk assessment level 2 work that's been ongoing00:30:27 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
Some other allocations have been updated to ensure opportunities to conserve and enhance the national landscape and conserve the significance of heritage assets are fully explored in response to concerns being raised by Natural England and Historic England.00:31:47 ▶ · I. Admissions (24)
This is partly in response to obviously trying to address climate change emergency, but also helping to address concerns about air quality at the Pebblebed Heaths, noting that that's primarily caused by vehicles, petrol and diesel vehicles, travelling over the pebble beds.00:34:19 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
we also now have the long-awaited water cycle study … the proposal is to bring a further report post-consultation specifically on the water cycle study00:36:54 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
several wastewater treatment works within the area that are projected to exceed or approach their permitted dry weather flow limits post development and therefore necessitating upgrades or phase development through the plan rollout those relate to Colleton, Honiton, Fluxton, Feniton, Otterton, Maer Lane and Dunk as well … it also notes critical investment is needed at Exmouth Maer Lane as we know00:37:55 ▶ · D. Deliverability: access, sewage, water, infrastructure, viability (“effective”) (125)
concerns were raised through the Habitat Regulations assessment work about the impact of vehicle movements particularly petrol and diesel vehicles over the roads that cross the heaves. This work assesses those impacts but it does not yet go as far as we need to in terms of setting out a clear mitigation strategy. That work is ongoing. We will need to ensure that we have that work for submission of the plan to ensure that the legal requirements are met at plan submission.00:40:12 ▶ · A. Habitats Regulations, Pebble Bed Heaths, air quality and ecology (126)
This work assesses those impacts but it does not yet go as far as we need to in terms of setting out a clear mitigation strategy. That work is ongoing. We will need to ensure that we have that work for submission of the plan to ensure that the legal requirements are met at plan submission.00:40:23 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
in the case of axmi underscore 09 and seat underscore 13a some further investigations are needed but our working assumption remains that these sites are suitable for allocation00:40:51 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
an infrastructure delivery plan is now included in the evidence library and sets out the infrastructure requirements to deliver the plan as they stand today but this document will need to be kept open um and updated as work moves forward00:41:04 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
we did actually have an option in a report that came to you on the 2nd of september when we were debating EXMO20 the report set out for I think it's four different options for how we could deal with that site um one of which was to uh draw the boundaries to exclude that 400 meter zone00:56:14 ▶ · B. Site selection: HELAA, officer advice and why EXMO20 was included (“justified”) (93)
this issue about where the access road comes in from because as you know from previous discussions about this site the access road needs to come in in that direction so if you take that 400 meter zone out of the allocation then there's no access to that site um which then calls into question whether or not it's is viable and deliverable without an access that's adequate to to serve the needs of the development00:56:50 ▶ · D. Deliverability: access, sewage, water, infrastructure, viability (“effective”) (125)
ultimately development coming through in that area will have to be subject to Habitat Regulations assessment based on the detailed design and the detailed proposal so those issues will all be considered through that process um later00:57:35 ▶ · G. Consultation and procedure (Regulation 19, AI, objections, generic answers, advice, future decisions) (85)
in terms of the water cycle study so yes people will be able to comment on the water cycle study and all the evidence documents through the consultation process … then we can discuss that in that additional meeting uh next year once we've got that feedback … as far as the existing commission is concerned that's the final report but it doesn't mean that we can't commission further work in the future00:59:04 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
but the gramping condition is only appropriate if we can be assured that capacity will be available during the term of that planning permission01:11:09 ▶ · D. Deliverability: access, sewage, water, infrastructure, viability (“effective”) (125)
there might be a few things that need ironing out in terms of it but the fundamental recommendations that are informing this Local Plan I think are clear and those have been incorporated in into the plan so I don't think it's so much this additional work in terms of all to cycle study is going to necessarily shape the Local Plan01:12:20 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
obviously a lot of developments in Sidmouth and even further east from that drives across the Pebblebed Heaths to get to Exeter so it's not just those developments that are close to the Pebblebed Heaths itself it has wider connotations um so so we need to develop those mitigation measures that are mentioned in in the work that the consultants have done and just do that extra level of detail to hopefully get sign off in terms of the Habitat Regulations01:15:26 ▶ · A. Habitats Regulations, Pebble Bed Heaths, air quality and ecology (126)
so so we need to develop those mitigation measures that are mentioned in in the work that the consultants have done and just do that extra level of detail to hopefully get sign off in terms of the Habitat Regulations01:15:43 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
so the mitigation strategy we obviously need to have that for submission of the plan our deadline being June next year to submit the plan under the transition arrangements in the NPPF so we need to bring that obviously through committee when you've hopefully finally sign off the plan for submission so that's the timeline for work01:17:37 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
my expectation is that the changes that we've made to the plan that I mentioned that refer to Habitat Regulations additional policy support for electric vehicles charging points etc is what we will need to do in terms of changes to the plan itself the ongoing work is about a mitigation strategy … obviously I can't guarantee anything until we've completed that work but that's that's my expectation01:18:45 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
so that's that's my expectation obviously I can't guarantee anything until we've completed that work but that's that's my expectation01:19:24 ▶ · A. Habitats Regulations, Pebble Bed Heaths, air quality and ecology (126)
I mean, at this point, at Reg 19 stage, we're at the point where we shouldn't be amending the plan further, essentially. So we are doing a consultation to collect comments. we'll obviously collate them um and bring them to your attention but the intention would then be to agree the plan and submit it for examination01:26:32 ▶ · 3. The second consultation – anything that could be classed as predeterminative (104)
of those people that are still concerned about the plan as you say have the opportunity through the examination process to be heard by the government appointed inspector and have their views considered through that process01:27:30 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
the members will recall the previous infrastructure delivery plan I think we had a 70 million pound funding gap just of the priority one projects alone um so I'm not going to sit here and say that all of this will be delivered um because realistically it just won't be02:02:52 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
the wording of the policy as drafted is new homes and other development that would result in unacceptable impacts will not be permitted within 400 meters of the featherbed heaths02:06:21 ▶ · I. Admissions (24)
the the wording of the policy as drafted is new homes and other development that would result in unacceptable impacts will not be permitted within 400 meters of the featherbed heaths so in effect that leaves it open through the application process for us to say which development is harmful based on the Habitat Regulations assessment at that time um so I'm confident that the policy is drafted prevents development coming forward in that area that would be harmful to the Pebblebed Heaths02:06:21 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
Strategic Planning Committee, 6 January 2026 (5)
I mean in terms of [member of the public] and [member of the public] comments obviously they know to make those views through the consultation that's running at the moment so I won't respond or previously have obviously commented on many of those points through previous meetings.00:31:21 ▶ · G. Consultation and procedure (Regulation 19, AI, objections, generic answers, advice, future decisions) (85)
In terms of [member of the public] point about the consultation I'd make the point that there is further comms to come. There's still several weeks left of the consultation. … the focus of this consultation is on how this version of the plan has addressed comments raised in previous iterations of the plan and previous consultations so we have through the contact details that we already have through Commonplace contacted everyone who's commented previously on the plan00:31:31 ▶ · 3. The second consultation – anything that could be classed as predeterminative (104)
clearly there are policies and comments in the plan about how development new homes won't be able to come forward until and unless southwest water delivered the infrastructure needed to accept the flows from that so that is written into the plan to ensure that the system's not overloaded through new development.00:32:48 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
today we don't we don't agree on on the issue but I don't see the contradiction with what we're saying about torbay which we'll come on to later I think the distinct difference is that we are putting forward a plan that does meet the housing need for East Devon notwithstanding that 58% of the district is National Landscape00:33:22 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
that feeds into the um standard method has actually reduced our housing requirements from what it would otherwise be still gone up overall because of the other issues in terms of government policy02:05:51 ▶ · E. Housing numbers: need, headroom and buffers (59)
Strategic Planning Committee, 3 March 2026 – afternoon session (11)
where development is in the zone that impacts on both sites, it's £367.62 per dwelling. … which take those to 790 pounds and 41 pence for the x 804 pounds and 64 pence for the heaps and 825 pounds and 41 pence for both um so a substantial increase on the existing charges00:16:10 ▶ · I. Admissions (24)
Members will recall the new strategy that accompanies the new Local Plan and has been worked up with um teambridge and Exeter uh for proceeding with mitigation of impacts of development on on the uh protected sites um there's a number of uh additional proposals within that not least additional staff resource including uh additional wardens uh additional SANGs officer to ensure that we're delivering and designing up and delivering SANGs00:16:22 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
but necessary to deliver the strategy as I say um lots of additional resource needed um that reflects the fact that through operating the strategy for the last what is it 10 15 years I think it is um you know we realized that those costs were quite substantially underestimated previously um and that we do need additional results I think particularly the SANG officer to ensure that we are delivering SANGs um in in good time00:17:29 ▶ · A. Habitats Regulations, Pebble Bed Heaths, air quality and ecology (126)
through operating the strategy for the last what is it 10 15 years I think it is um you know we realized that those costs were quite substantially underestimated previously um and that we do need additional results I think particularly the SANG officer to ensure that we are delivering SANGs um in in good time00:17:36 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
but yes you're right it does need reviewed on a regular basis we have done some reviews in the past but the step change this time perhaps illustrates a need for more regular reviews which can certainly take away an action00:22:56 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
it's not all homes in the district so it's when they're within 10 kilometers of the excess tree or the Pebblebed Heaths00:24:40 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
I mean, the first thing to say is I have said at the start of the report that we did use AI to produce some of this. because there are only so many hours of office time I'm willing to dedicate to something that may or may not be read and understood and make any change at government level.00:35:44 ▶ · 1. When the use of AI is mentioned (24)
So the summaries of what's in the consultation are pure AI. We used AI to do an initial draft of the responses to the questions and then I distributed it around the team for people to feed in their thoughts. And I did do a sense check of it so that I don't think there are any AI hallucinations that have made it into the final version but there's some very interesting ones that came out that I had to take out00:35:59 ▶ · 1. When the use of AI is mentioned (24)
officer time um not nowhere near as much as you would think uh I would say um probably about a day's time in producing the first draft and then a few hours of officer time here and there feeding into it00:36:22 ▶ · 1. When the use of AI is mentioned (24)
I suspect the responses will be fed into AI a government and summarized and yes experience shows that essentially once government consults on something like this it's going to happen00:36:51 ▶ · 1. When the use of AI is mentioned (24)
I think it's that the standard method doesn't take account of local circumstances and environmental constraints and other factors it is simply a numbers exercise um and so I think that's what's fundamentally wrong with the standard method … it's about making the standard method work in a way that's come delivers more realistic results for environmentally sensitive and constrained areas like East Devon00:40:02 ▶ · E. Housing numbers: need, headroom and buffers (59)
Strategic Planning Committee, 3 March 2026 – morning session (45)
so in terms of the change the standard method we did address this in a report to the committee on the 2nd of september and highlighted that the standard method because it changes every year in relation to the affordability ratio that's a factor in the standard method meant our standard method figure had come down at that point and that was addressed in that report at section three which did talk through the reasons why we weren't proposing to make any changes in light of that00:30:13 ▶ · E. Housing numbers: need, headroom and buffers (59)
We're also mindful that we're being substantially substantially shorter than 100% of the standard method because we're going through under the transition arrangements at 80% and we're being robustly challenged by some parties for doing so um so having a reasonable amount of headroom uh could be important in terms of challenging that00:30:51 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
that the second stage of regulation 19 consultation concluded on the 26th January. We received around 3,200 separate comments from around 750 respondents through that consultation, many of which were raising concerns and issues that had been raised at previous stages of consultation, despite the fact we were really seeking comments on the amendments and changes to the plan.00:34:20 ▶ · 3. The second consultation – anything that could be classed as predeterminative (104)
As has been said, a number of objections to allocations in the plan particularly EXMO20 with 1500 responses in relation to that site alone00:34:42 ▶ · G. Consultation and procedure (Regulation 19, AI, objections, generic answers, advice, future decisions) (85)
we'll be bringing a full feedback report to your next meeting summarising in detail the responses that we've received … so in terms of the timetable um we're still looking to uh submit the plan in in the spring um hoping to bring the plan back to you in may which would then need a recommendation on to full council and then submission before the june deadline00:35:01 ▶ · G. Consultation and procedure (Regulation 19, AI, objections, generic answers, advice, future decisions) (85)
the further technical work that's underway to address some of the remaining outstanding issues, so the report particularly highlights the West End-focused transport assessment work around Malcombe and growth in that part of the district, lots of ongoing work in terms of transport modelling,00:35:15 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
the other issue that's particularly highlighted is air quality impacts at the Pebblebed Heaths very mindful of the need to address those issues and get to a satisfactory Habitat Regulations assessment prior to planned submission uh so this report says further modeling work underway uh through our consultants ricardo … so that's further modeling work that's ongoing to hopefully get us to a mitigation strategy prior to plan submission and as I say an acceptable HRA00:35:54 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
so in terms of the timetable um we're still looking to uh submit the plan in in the spring um hoping to bring the plan back to you in may which would then need a recommendation on to full council and then submission before the june deadline as things stand in terms of the transitional arrangements00:36:35 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
in all likelihood there will be some modifications main modifications needed to the plan and the consultation on those00:42:35 ▶ · F. “Significant change” (28)
in terms of Councillor Jung's point in terms of the HRA um yes there's no no clear mitigation strategy at the moment the initial work that ricardo did um does identify some potential mitigation measures00:43:11 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
one of the things that's going on at the moment is looking at the modeling work that's been undertaken which we think takes quite a pessimistic view in terms of the uptake of electric vehicles … So I'm hoping when they rerun the modelling, we'll get to a point where we will naturally see the impacts in terms of vehicle movements over the pebbleheads declining, such that the mitigation measures will not have to be as unachievable, shall we say, that we'll be able to achieve the outcomes that are needed.00:44:10 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
In the worst-case scenario, you know, Obviously, we might need to look at some sort of land management measures in the short term while you see the electric vehicle uptake happen,00:45:03 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
We're meeting with Natural England shortly to discuss some of these issues as well. So we are making progress. we'll have to see how the modelling goes and the mitigation strategy but I'm still hopeful and confident that we will get to a position where we have a satisfactory HRA at the point of submission00:45:26 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
we'll have to see how the modelling goes and the mitigation strategy but I'm still hopeful and confident that we will get to a position where we have a satisfactory HRA at the point of submission00:45:32 ▶ · A. Habitats Regulations, Pebble Bed Heaths, air quality and ecology (126)
fundamentally we have quite a clear deadline of needing to submit the plan I think it's the 12th of June is our current understanding of the deadline so we need to get all of these technical reports completed and available to submit for the examination by that date so it's quite a tight deadline hence a lot of work ongoing to complete these technical reports and get them ready.00:45:52 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
we've got reputable consultants in the taking of this work, and Ricardo, are a multinational environmental consultancy who are undertaking the work in terms of the air quality assessment work for Perlbead Heaves. And their work would ultimately feed into the Habitat Regulations Assessment, which is being undertaken by Footprint Ecology.00:46:51 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
well we have to get to a satisfactory solution in terms of the Habitat Regulations assessment fundamentally it's it's um it's um a requirement of the legislation um so if we don't in that time scale then we we need to revisit the time scale and give ourselves time to get to that position … there'll be no fudging of figures this is independent consultants00:47:25 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
EXMO20 um yes you're right the access would be essentially opposite the archery club … we've obviously got you know it's obviously not ideal to have the access there but it's not something that you can't have within the 400 meter buffer zone00:54:52 ▶ · D. Deliverability: access, sewage, water, infrastructure, viability (“effective”) (125)
the 400 meter buffer zone though is is is not a no development buffer zone uh my understanding is it's development that's um the housing development or development that in itself would would have a detrimental impact on the public … there won't be any homes within the 400 meter buffer zone um so we are respecting the 400 meter buffer zone um under the guidance00:54:52 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
in terms of council levine's comments um yes I mean I think we will need to use ai to help to to summarize um the responses that we've received we did use ai last time um when we had as a lot more comments um to deal with we did do a checking process in terms of um00:58:38 ▶ · 1. When the use of AI is mentioned (24)
uh in terms of council levine's comments um yes I mean I think we will need to use ai to help to to summarize um the responses that we've received we did use ai last time … Obviously, the whole point of using AI is that we don't have to go through and check every individual one, but, you know, the general sense check.00:58:38 ▶ · G. Consultation and procedure (Regulation 19, AI, objections, generic answers, advice, future decisions) (85)
No, on the last round of consultation on this plan. … So we did use AI then.00:59:00 ▶ · 1. When the use of AI is mentioned (24)
And yes, I mean, inevitably when you use AI, you have to check what's coming out makes sense because it does come out with some interesting stuff sometimes. So there is a checking process that we go through to make sure that what we've got actually makes sense and does reflect the comments that we've received. Obviously, the whole point of using AI is that we don't have to go through and check every individual one, but, you know, the general sense check.00:59:16 ▶ · 1. When the use of AI is mentioned (24)
So there is a checking process that we go through to make sure that what we've got actually makes sense and does reflect the comments that we've received.00:59:27 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
and I think what we had last time was was an accurate representation of of the comments that we received certainly not aware that we received any complaints um in in terms of that um so I would envisage going through the same process again um and um bringing through a summary report at the next meeting which will reflect that I would stress however the the examination process will receive the actual you know a full full summary of everything so um there's no fear that anything will get missed during that that process00:59:53 ▶ · 1. When the use of AI is mentioned (24)
I would stress however the the examination process will receive the actual you know a full full summary of everything so um there's no fear that anything will get missed01:00:13 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
in terms of the pebble beds yeah so one option in terms of of mitigation um which is probably sort of the least attractive option but an option is to um do actual physical works within the buffer areas to the size of the roads … but if we can't get to a point where the strategy can achieve that then obviously an option would be to then go in and do those sorts of land management measures to then address the impacts of the pollution01:00:34 ▶ · A. Habitats Regulations, Pebble Bed Heaths, air quality and ecology (126)
that's correct but also then going on and modeling the impact of the mitigation so that we can show that the mitigation has sufficient impact to overcome the impacts without the mitigation … um so yes that's the work that's going on at the moment01:02:34 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
well the mitigation strategy would be collecting financial contributions from developers uh that we would then need to uh develop an arrangement with the landowners and management of of the pebble beds uh to then use those contributions to undertake those land management measures … So those conversations have started, obviously, with those parties.01:04:49 ▶ · A. Habitats Regulations, Pebble Bed Heaths, air quality and ecology (126)
So we've added that additional policy that members agreed a few meetings ago to ensure that that was embedded very clearly in policy, that new homes will not come forward unless there is adequate wastewater infrastructure and potable water to support them.01:12:11 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
it's not like we can suddenly change the strategy in terms of where homes are going because fundamentally we've ended up with with the distribution of growth that we have because of other constraints in the district environmental constraints for example with nearly two-thirds of the district being national landscape01:12:32 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
So I think it's about tidying up some of the issues that have been raised by statutory constancies with the water cycle study and getting the report robust rather than changes to the plan itself.01:13:12 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
There are significant issues in terms of wastewater capacity, which I think we're aware of. Several wastewater treatment works, including Colleton, Honiton, Fluxton, Feniton, Otterton, Maer Lane, and Dunk as well, all projected to exceed or approach their permitted dry weather flow limits post-development and need upgrades or phased developments, whereas there's also particular issues at Maer Lane and Countess Weir that necessitate significant upgrade works01:28:09 ▶ · D. Deliverability: access, sewage, water, infrastructure, viability (“effective”) (125)
Only a couple of them have a sort of red rating where they're raising issues that potentially impact on protected species, protected habitats.01:30:54 ▶ · D. Deliverability: access, sewage, water, infrastructure, viability (“effective”) (125)
obviously there's some additional work that's needed to ensure that this is a fully robust uh study to accompany the Local Plan … it's about getting this piece of work in sort of tip-top condition ready for for submission01:31:26 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
they they accept that there are some issues that require some some further work that they're willing to do um there are other issues where they're sort of highlighting that um the absence of information being forthcoming from southwest water was a limiting factor01:32:14 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
in terms of gramping conditions yes they can any condition can be appealed by by the applicants and could be overturned on appeal01:38:21 ▶ · D. Deliverability: access, sewage, water, infrastructure, viability (“effective”) (125)
council just bailey's points yeah I mean I think this comes back to having this common understanding um with uh ourselves southwest water Natural England environment agency and we're not there yet … still some way from getting to that agreed position because well fundamentally everybody's got a different view on it … it's all taking an incredibly long time I think we commissioned this work about three years ago now01:44:54 ▶ · D. Deliverability: access, sewage, water, infrastructure, viability (“effective”) (125)
still some way from getting to that agreed position because well fundamentally everybody's got a different view on it and everybody's got different information at their fingertips … it's all taking an incredibly long time I think we commissioned this work about three years ago now um so um it's it's proving very challenging to get to the bottom of all of this … certainly one of them is is to get to a point of having an up-to-date and accurate motorcycle study to support the Local Plan um so determine that we will get there01:45:29 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
I hope we can do that in time for that to feed into a sort of final version of the water cycle study and any additional work if that if additional work is needed to understand the biological capacity then hopefully southwest water got the data and that they can be fed in verified by hasconing and fed into the final report01:54:47 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
obviously we did send hasconing away after the initial draft to go and look at issues of capacity particularly with merlane and countess weir uh you recall and in the conversations we had with them there which was about not just understanding the hydraulic capacity but also the biological capacity of those two sites where we knew there were particular issues um I think they were quite clear that they just don't have the data in terms of that so what they did was look up spillages basically01:55:13 ▶ · D. Deliverability: access, sewage, water, infrastructure, viability (“effective”) (125)
Yes. So coming back to Councillor Brian Bailey's point in terms of actions, I mean, we are already taking the actions that we can.02:02:20 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
so the the strategy um couldn't really have have flexed to reflect what's coming forward in terms of the water cycle study um I think this is a point the environment agency raised in terms of the study coming forward quite late in the in the process02:13:29 ▶ · D. Deliverability: access, sewage, water, infrastructure, viability (“effective”) (125)
I think this is a point the environment agency raised in terms of the study coming forward quite late in the in the process but as I say we commissioned it three years ago we've had outputs from the commission during that time that has fed into our work so it has informed the Local Plan it's just taken a long time to get to a final report to publish02:13:39 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
that's going to take time and a bit of communication and toing and throwing I suspect that it's probably not going to be resolved in in the next few weeks at least02:28:11 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
Strategic Planning Committee, 5 May 2026 (40)
We have heard those comments, and they have been considered throughout the process. … so there is that audit trail we have considered all of the comments00:39:12 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
the time for amending the plan consulting amending has has happened we've been through that process … regulation 19 stage should be the final publication version of the plan that's where we are so the 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 plan00:39:39 ▶ · 3. The second consultation – anything that could be classed as predeterminative (104)
as I say we're at the publication stage the plan cannot be materially changed at this stage without a whole new consultation exercise um while we have a lot more time than we envisaged uh it's not intended to use that time to do anything other than resolve the outstanding issues that are highlighted in my report00:40:28 ▶ · 3. The second consultation – anything that could be classed as predeterminative (104)
clearly we are working through the Habitat Regulations issues with our consultants in our capacity as competent authority to ensure that the plan is legally compliant at the point of submission which is the requirement00:40:55 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
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 submission00:41:12 ▶ · 3. The second consultation – anything that could be classed as predeterminative (104)
we are entitled to update and amend evidence documents in the run up to submission00:41:18 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
I would direct the speakers to the topic paper on our website headed major developments in national landscapes that sets out our approach … and includes assessment of individual sites and allocations against their impact on the national landscape and the requirement to further the purposes of national landscapes00:41:32 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
I would stress that there are measures in the plan to ensure that developments in those areas where there is limited or not at the present time sewage capacity to ensure that those developments don't come forward until that capacity is available00:42:14 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
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 scheme00:44:38 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
which means that we now actually have until the end of this calendar year to submit the plan and don't now need to submit the plan by I think it was the 12th of June that we had been working to00:45:10 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
I'm not in a position yet to update the local development scheme because we need to have further meetings with our consultants particularly in relation to Habitat Regulations work before we can do that00:45:29 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
The intention of this consultation had been primarily to seek views on the amendments to the plan since that consultation, of which there are some, but the majority are about specific site allocations and raising the concerns, many of which you've heard already, in relation to EXMO20 and HONI 18.00:46:30 ▶ · 3. The second consultation – anything that could be classed as predeterminative (104)
There are two typos within the report. The AI declaration on page 11 includes an incorrect date. It should read February to April 2026.00:46:54 ▶ · 1. When the use of AI is mentioned (24)
The AI declaration on page 11 includes an incorrect date. It should read February to April 2026. And the header in the appendix still refers to stage one consultation rather than stage two.00:46:57 ▶ · G. Consultation and procedure (Regulation 19, AI, objections, generic answers, advice, future decisions) (85)
The other thing to mention, actually, just coming back to one of the public speakers, is just 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. We're declaring that we are using AI to help us to summarise into this report format fundamentally.00:47:18 ▶ · 1. When the use of AI is mentioned (24)
is just 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.00:47:21 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
we're still working with the highway authorities over transport work around West End developments. We're confident that we're close to agreement in terms of the planned development within this planned period, but those discussions, particularly in terms of Malcombe, obviously extend beyond that into how we accommodate the full 10,000 homes at Malcombe, which is an ongoing discussion and will take time to resolve.00:47:54 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
in terms of viability testing work at Marlcombe we now have a draft viability report from the consultants and working that through and discussing that through with the various stakeholders playing pitch strategy and outlaw sports strategy is to be reported through shortly00:48:20 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
I mentioned air quality impacts the Pebblebed Heath I've got a meeting with the consultant team next week to work through that and understand where we are in terms of that uh river axe nutrient mitigation strategy again uh in the final stages of completion of the strategy document uh water cycle study as I've mentioned in the report there's a meeting with the consultant team and environment agency later this week to work that through so we are making progress on all of those areas I think it's the HRA work that's the real issue at the moment in terms of that legal compliance issue00:48:45 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
I think it's the HRA work that's the real issue at the moment in terms of that legal compliance issue00:49:13 ▶ · A. Habitats Regulations, Pebble Bed Heaths, air quality and ecology (126)
I assume when you refer to viability work you refer to the Marlcombe viability work because the wider Local Plan viability work is published on our website and was part of the Reg 19 consultation um we have further work on going on malcombe uh which is currently a draft stage which we're reviewing as officers … once once the report is uh the consultants work is complete we'll obviously add that to the website01:11:39 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
as council ledger said uh the affordability gap is is reducing uh which is reducing our overall housing requirement figure … we're building more headroom than we'd originally envisaged01:13:58 ▶ · E. Housing numbers: need, headroom and buffers (59)
there's also the risk of challenge at the examination we know through the consultations that a number of developers are raising the point that we're taking the plan through 80 percent of the now the new standard method figure … it's helpful to obviously have more headroom in the plan to rebut those sorts of um challenges01:15:26 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
I would strongly recommend against trying to revisit it now it's it's like pulling it as a string on a cardigan and the whole thing will start to fall apart01:19:42 ▶ · 3. The second consultation – anything that could be classed as predeterminative (104)
currently we have two different levels of affordable housing requirement in the district depending on where in the district you are it's 25 generally um in uh the lower value areas the urban areas um 50 outside of those areas … um but all of these policies are subject to viability requirements which is is a government01:23:12 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
from from what I've seen I don't think they actually go to the soundness of the plan … So deficiencies in the water cycle study don't necessarily mean that the Local Plan is unsound. … We don't have to agree with the Environment Agency fundamentally.01:24:57 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
I think our consultant team have already been through the Environment Agency's comments and acknowledged there are at least some things in there that they accept they need to address. So I would envisage there being some updates to the water cycle study, and hopefully we can address the Environment Agency's concerns. and reach a position by the point of submission where everybody's happy with that01:25:51 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
similarly with with the primary care and health care needs I have I don't mean it's in the diary yet but been trying to set up a meeting with health care providers about those concerns01:26:09 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
they were involved in the production of the infrastructure delivery plan that accompanies the plan so we should have captured all of their needs in terms of health care infrastructure … again as I say we don't necessarily have to agree with them just because they're concerned from a soundness perspective doesn't necessarily mean we are or the inspector would be examination01:26:22 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
as it's come down it could just as easily go back up again so those changes could easily be reversed so it's it's a bit dangerous to rely on those and then reduce the number of sites we're allocating in the plan01:28:49 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
Obviously, EXMO20, as has been said, does contribute to the uplift in vehicle movements over the Pebblehead Heaps.01:32:04 ▶ · A. Habitats Regulations, Pebble Bed Heaths, air quality and ecology (126)
But I wouldn't want members to think that that's the only site. There are a large number of sites in the plan that have an impact in terms of the air quality issues. … I'm not at the point of looking at potentially changing our views on allocations at this stage01:32:12 ▶ · G. Consultation and procedure (Regulation 19, AI, objections, generic answers, advice, future decisions) (85)
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 um I say I'll know more once I've met with the consultant team next week and we'll bring further updates to the committee as things move forward01:32:48 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
this is an existing problem you're right um in terms of the Local Plan we need to consider the impact of the growth in the plan and how it makes that situation worse … 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 impacts01:34:34 ▶ · A. Habitats Regulations, Pebble Bed Heaths, air quality and ecology (126)
there will be more electric vehicles on the road and that does partly address the issue that's partly what the consultants have been remodeling is more up-to-date evidence about the likely uptake of electric vehicles in the years to come01:41:12 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
we are in discussions with southwest water and trying to understand the timeline of their investments in infrastructure versus our trajectories for housing sites coming forward and how all of that works to ensure that the infrastructure is in place in time before the new homes are built and occupied01:42:05 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
that is going to take time to to resolve I'm not expecting we're going to have those answers uh for the Local Plan I don't think we need those answers for the Local Plan fundamentally01:42:25 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
I think the 400 meter buffer zone is one of the things that perhaps needs to be picked up in this faqs because I think there is some some misunderstanding over that um but that there is no reason why you can't have an access road to a site through the 400 meter zone01:42:59 ▶ · I. Admissions (24)
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 clarify01:43:17 ▶ · A. Habitats Regulations, Pebble Bed Heaths, air quality and ecology (126)
with the submission date of the plan changing obviously the rest of the timetable will change in terms of when the examination will be and when ultimately adoption of the plan would be envisaged so I think I said in the report we'll need to update the local development scheme when we've worked all of that out and we'll bring that to a future meeting01:44:45 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
Strategic Planning Committee, 14 July 2026 (40)
the policy in the Local Plan that allocates EXMO20 states new homes and other development that would result in unacceptable impacts will not be permitted within 400 meters of the Pebblebed Heaths.00:19:45 ▶ · I. Admissions (24)
It is noted that in their consultation response to the first regulation 19 consultation the Natural England sought clarity about where employment uses would be located. However this is a level of detail that does not need to be determined at this stage.00:20:03 ▶ · A. Habitats Regulations, Pebble Bed Heaths, air quality and ecology (126)
the issues with EXMO20 that were identified through the heal our process and led to it failing that initial assessment related primarily to the access arrangements which were only considered in relation to access from St John's Road at that time.00:20:50 ▶ · B. Site selection: HELAA, officer advice and why EXMO20 was included (“justified”) (93)
Alternative access arrangements including from the B3179 in addition to St John's Road were later explored and meant that the site could be achieved. … with subsequent consideration of the site at later meetings of the committee all of which are documented on the council's website00:21:04 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
The assessment of these access options arose from members wishing to consider the site further when they initially considered sites at Exmouth at their meeting on the 3rd of September 2024 following members favorable consideration of the site at that meeting officers further explored the site access arrangements with the site promoters and highway authority00:21:11 ▶ · B. Site selection: HELAA, officer advice and why EXMO20 was included (“justified”) (93)
officers are not recommending any changes to amend planning policy or text to account for any changes to housing number assessment resulting from information published after the plan was drafted. Over time overall housing numbers can go up as well as down but this does not mean that we revisit the plan each time this happens.00:26:25 ▶ · 3. The second consultation – anything that could be classed as predeterminative (104)
we are short compared to the new standard method figures and are being challenged on this through representations made against the plan and we will have to defend that position at examination therefore changing the housing numbers is not appropriate at this time00:27:06 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
I think it's a bit disingenuous to start referring to our EIA screening opinion when clearly the purpose of that exercise is to identify constraints to the site … it does not in itself undermine the principle of allocating the site00:27:21 ▶ · I. Admissions (24)
constraints the purpose of that exercise is to acknowledge them and identify the information that's needed to address that and clearly a lot of information is going to be needed to support any application to help us to understand those constraints and how they can be mitigated00:27:43 ▶ · G. Consultation and procedure (Regulation 19, AI, objections, generic answers, advice, future decisions) (85)
The published plan complies with the transitional arrangements and the proposed timeline set out in the local development scheme before the committee today sets out a timescale to submit the plan prior to the cutoff date for these arrangements.00:31:57 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
if we were to adopt the new plan-making system, we'd also have to adopt the new standard method and the higher housing numbers. So you'd have to provide thousands of additional homes over what's in this plan, which would create an even greater need to allocate EXMO20.00:32:12 ▶ · I. Admissions (24)
with regard to the availability of the site, we have reviewed land registry records. They show that from our assessment, the site, as allocated as EXMO20, is owned by just two parties. Agents are promoting the site on behalf of both of these parties. There is therefore no reason to question its availability.00:40:48 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
The report of the 3rd of September 2024, referred to by the Speaker, included some land in error that does not form part of the final allocation. as we have previously explained and corrected in subsequent reports to the committee.00:41:09 ▶ · B. Site selection: HELAA, officer advice and why EXMO20 was included (“justified”) (93)
the allocated site failed the first HELAA assessment.00:41:25 ▶ · B. Site selection: HELAA, officer advice and why EXMO20 was included (“justified”) (93)
As reported at the previous meeting, we're not currently able to progress the plan to the previously agreed timetable within the LDS, and so we're now looking at submitting the plan now in October of this year, … so we would now expect to submit the plan in october following discussion at Strategic Planning Committee in september and the yet to be arranged council meeting in october we would expect this to now lead to adoption of the plan in 202800:42:50 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
the delay in the plan relates to a number of relevant evidence documents and assessment work that's still progressing … of Marlcombe viability testing are ongoing with the landholders and developers we're currently consulting them on the viability work that's been undertaken00:43:38 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
the playing pitch and open space strategy has been discussed and ratified by the leisure delivery forum on the 23rd of june and by cabinet earlier this month so that is now resolved as an evidence document … as the report says we've now pulled together a full nutrient mitigation strategy for the river axe00:44:07 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
air quality impacts work as as detailed that work is is ongoing is looking much more positive in terms of the work that ricardo has done but there's still further work to complete that and therefore to feed into the Habitat Regulations assessment work that footprint ecology will be picking up once that's available00:44:19 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
is looking much more positive in terms of the work that ricardo has done00:44:19 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
consultants continue to work on the water cycle study to try and reach a point where we have an agreed version of the truth with the relevant parties particularly the environment agency in southwest water that is ongoing whether we can reach a position where everybody agrees on the position by the time the plan submission is not entirely clear but I don't think that's an essential requirement in terms of submission00:44:45 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
whether we can reach a position where everybody agrees on the position by the time the plan submission is not entirely clear but I don't think that's an essential requirement in terms of submission00:44:57 ▶ · D. Deliverability: access, sewage, water, infrastructure, viability (“effective”) (125)
but we will certainly have a more up-to-date and accurate version of the water cycle study by that point00:45:14 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
all of this obviously feeds into Habitat Regulations assessment work as I mentioned so once we have all of that work footprint ecology will be updating their Habitat Regulations assessment work and hopefully we'll be in a position where we can have an acceptable Habitat Regulations assessment to accompany the plan00:45:18 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
in terms of securing the buffer I assume we're referring to the 400 meter buffer to the that the power bed heaves I mean fundamentally it is protected in the Habitat Regulations … so I don't really see what further protection is needed00:53:25 ▶ · I. Admissions (24)
fundamentally it is protected in the Habitat Regulations because um as I mentioned I think in response on the previous questions you know we can't allow development that is going to harm the habitat fundamentally under the Habitat Regulations so that is a high level of protection in itself um and obviously the allocation is is clear about protecting that area as well um so I don't really see what further protection is needed00:53:33 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
off the top of my head I think it's the 400 meters is is to the designated area fundamentally the triple si um I'd have to check to be absolutely sure00:54:04 ▶ · A. Habitats Regulations, Pebble Bed Heaths, air quality and ecology (126)
I'd have to check in terms of the source of the data on either usage um I'm assured that it comes from a reliable source and can be relied upon in terms of this work um it may even be government data um I have to check obviously it's a prediction so um but I think it's still quite a conservative prediction but um it is uh predicting a higher level of uptake than the original data that was used which was particularly pessimistic00:55:08 ▶ · A. Habitats Regulations, Pebble Bed Heaths, air quality and ecology (126)
about designing developments that are mixed use developments which is one of was one of the attractions, if I recall, to members of EXMO20 of developing a development of that scale enabled the delivery of community facilities, jobs and other uses00:56:18 ▶ · I. Admissions (24)
no one was anticipating that marking would be viable without public subsidy we're obviously reliant on achieving that through some means and that is as yet unknown as to how that will happen01:01:07 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
I don't think we've really looked at the issue of vehicle speeds and any correlation between vehicle speeds and air quality. … it's not been something that's been discussed or mentioned particularly as a mitigation measure so I'm not sure how effective it would even be in terms of mitigation01:03:03 ▶ · A. Habitats Regulations, Pebble Bed Heaths, air quality and ecology (126)
I agree we need to get to a position where we have uh an up-to-date and accurate water cycle study particularly one to my mind that the environment agency are happy with uh as they've they've raised concerns with the work that's been undertaken so far um but we do have to recognize that our powers are very limited in this area01:03:53 ▶ · D. Deliverability: access, sewage, water, infrastructure, viability (“effective”) (125)
we're trying to update the water cycle study so we have an accurate understanding of the position um at the time of plan submission01:05:35 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
in terms of Councillor Bailey's question I mean I think at one point you you're saying about you know the absence of air quality and water cycle evidence to show that they're going to be acceptable well except that that's being produced at the moment and that's the timetable issue01:12:39 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
there is a wider issue in terms of the impacts of development on on infrastructure that we recognize and I think the committee has recognized exists across the district in terms of um you know the the rate of growth and development and the rate of delivery of infrastructure to support that has not necessarily kept pace with with growth01:12:54 ▶ · D. Deliverability: access, sewage, water, infrastructure, viability (“effective”) (125)
fundamentally the government requires us to produce a local plant for the housing numbers that their standard method requires us to to meet and that's what we have to do … fundamentally the plan is the most sustainable and appropriate way of meeting the housing numbers that we have to meet including EXMO2001:13:23 ▶ · G. Consultation and procedure (Regulation 19, AI, objections, generic answers, advice, future decisions) (85)
fundamentally the plan is the most sustainable and appropriate way of meeting the housing numbers that we have to meet including EXMO20 … that's not to say that there won't still be some environmental impacts and other impacts arising from growth there always will be wherever it goes01:13:45 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
this is where we got to and I think you know the plan is is the best it can be um we just need to carry this through through the examination process where it will be independently examined and those that still object to the plan will have their say and be heard01:15:09 ▶ · 3. The second consultation – anything that could be classed as predeterminative (104)
I agree with the chair we do need to find a solution to this because it is um difficult not just in terms of the water cycle study and getting to this single version of the truth but I'm also very mindful that the water cycle study is going to be at a point in time so it's it's going to have a sell by date01:53:49 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
I'm also very mindful that the water cycle study is going to be at a point in time so it's it's going to have a sell by date … even our own consultants as you recall has going to struggle to get the information out of Southwest Water to do the work and then ultimately the work that they've done and the modeling that they've done Southwest Water have then disagreed with quite a lot of it and the quite a lot of the findings in their response to the Local Plan consultation um and I've now had discussions with environment agency who sort of have a different take on it slightly to both southwest water and hasconing01:54:01 ▶ · D. Deliverability: access, sewage, water, infrastructure, viability (“effective”) (125)
Southwest Water have then disagreed with quite a lot of it and the quite a lot of the findings in their response to the Local Plan consultation um and I've now had discussions with environment agency who sort of have a different take on it slightly to both southwest water and hasconing01:55:13 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
Strategic Planning Committee, 22 September 2026 (65)
I can advise that the work is based on realistic modeling of the likely impacts using the most up-to-date data available00:44:44 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
you also questioned why the report states that no further changes to the plan are envisaged when so many concerns have been expressed including those from statutory consultees the answer to this is that the plan consulted on at the second Reg 19 consultation is the plan the council intends to submit for examination so there's very limited scope for amendment at this stage under the regulations it is for the examination process to consider remaining objections to the plan00:44:49 ▶ · G. Consultation and procedure (Regulation 19, AI, objections, generic answers, advice, future decisions) (85)
the answer to this is that the plan consulted on at the second Reg 19 consultation is the plan the council intends to submit for examination so there's very limited scope for amendment at this stage under the regulations it is for the examination process to consider remaining objections to the plan00:45:00 ▶ · 3. The second consultation – anything that could be classed as predeterminative (104)
you also questioned whether the report summary was accurate in reporting that many of the comments received had repeated comments made in the first regulation 19 consultation even though over two-thirds of those commenting had ticked a box to state that their comments related to the changes made since the first Reg 19 consultation. In response I can advise that analysis showed that the majority of comments at the second Reg 19 consultation related to the plan as a whole and not specifically the changes made since the previous consultation despite how respondents had answered the question you referred to.00:45:24 ▶ · G. Consultation and procedure (Regulation 19, AI, objections, generic answers, advice, future decisions) (85)
your comments that in summary stated that it is not suitable sustainable or viable for eczema to take the levels of growth proposed in the plan in response I would highlight that the feedback report that was presented to that meeting was a summary of the points raised through the consultation and highlights the most frequently raised issues and consequently will not have picked up on every point that every individual will have made. However, please be assured that we will be submitting all of the comments received in full to the examination.00:46:14 ▶ · G. Consultation and procedure (Regulation 19, AI, objections, generic answers, advice, future decisions) (85)
I would also highlight that your detailed comments about the impacts of growth on Exmo are reflected in the summary of views included in relation to EXMO20 later in the feedback report.00:46:39 ▶ · I. Admissions (24)
so members were advised back in september 2025 that in theory changes to the housing need figures arising from the new standard method mean that we could plan for less housing in the second Reg 19 consultation members were advised the following risks of doing so00:48:37 ▶ · E. Housing numbers: need, headroom and buffers (59)
We are already substantially short of meeting the full 100% standard method numbers and this is a matter we have been robustly challenged on however we justify our position in doing so on the strength of the NPPF advising it is allowable but to drop numbers further could lead to greater vulnerability to challenges of not adequately planning for appropriate housing provision.00:49:01 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
A full drop of 563 as it was at that time or even going some way towards it may well be challenged as amounting to a significant change to the plan and as such this might be seen as being grounds to argue that the first stage of Regulation 19 consultation is invalidated. Members decided not to reduce the housing numbers in the plan and retained EXMO20 as an allocation. The removal of any allocation is likely to be a significant change at this point in plan preparation but to remove a site of 700 homes would in officers opinion certainly constitute a significant change00:49:24 ▶ · F. “Significant change” (28)
Members decided not to reduce the housing numbers in the plan and retained EXMO20 as an allocation.00:49:41 ▶ · B. Site selection: HELAA, officer advice and why EXMO20 was included (“justified”) (93)
to remove a site of 700 homes would in officers opinion certainly constitute a significant change and could not be undertaken at this point without a further Reg 19 consultation which cannot be completed in the time available. To do so would lead to the plan falling outside of the transitional arrangements00:49:54 ▶ · 3. The second consultation – anything that could be classed as predeterminative (104)
time available. To do so would lead to the plan falling outside of the transitional arrangements and the need to abandon the plan and start work on a plan under the new plan making system in accordance with the new much higher standard method housing requirement figures.00:50:11 ▶ · E. Housing numbers: need, headroom and buffers (59)
In any event the concerns about the site have already been fully considered at numerous public committee meetings in an open transparent and democratic way. Having heard the concerns of residents and given them full consideration members on each occasion have decided to continue to allocate the site.00:50:31 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
Clearly there can be no scientific certainty about the uptake of electric vehicles. all we can do and are doing is using the most up-to-date data to project likely uptake of electric vehicles we will need to monitor actual uptake over the planned period and ensure that any mitigations are in place and effective as and when needed … if the plan is found sound then in all likelihood we would need to monitor future air quality impacts on the Pebblebed Heaths and ensure that any mitigation is appropriate having regard to any changes in the uptake of EVs00:51:38 ▶ · A. Habitats Regulations, Pebble Bed Heaths, air quality and ecology (126)
the zero emission vehicle mandate review is only a consultation about changes to the target sets for vehicle manufacturers over the proportion of vehicles produced and how many should be evs it does not affect Ricardo's work which is based on fleet forecasts which may or may not be affected by any changes to the mandate in the future00:51:59 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
I'm not clear why you are saying that access through southern wood is not now proposed however the draft Local Plan continues to allow for modest levels of development to be accessed this way … in terms of your point about potential to remove EXMO20 from the plan as I mentioned in my response to bill edmund's question … Members were advised of the risks of doing so and decided not to reduce the housing numbers in the plan and retained EXMO20 as an allocation.00:52:33 ▶ · I. Admissions (24)
my report at item 8 on this agenda addresses the point about when reports will be available00:52:45 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
A compliant HRA is required at the point of plan adoption. It is not a legal requirement before then albeit it is clearly good practice and recommended in planning inspectorate guidance to have this at the point of submission. We are working to address the remaining Habitats Regulations issues prior to plan submission and accept that the plan will not be found sound without a compliant HRA by the time of plan adoption.00:54:04 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
The government standard method for calculating housing need does not consider birth and death rates but is instead based on a 0.8% uplift on the existing housing stock with an adjustment to reflect the affordability of housing in the locality.00:55:27 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
Government guidance is clear in paragraph three of the planning practice guidance that the standard method should be used to assess housing needs. It goes on to recognise that in some specific circumstances an alternative approach could be justified but these do not apply in East Devon the committee considered a report at their meeting on the 5th of September 2023 … members resolved to accept the recommendation but to keep the matter under review nothing has materially changed on this issue since then00:55:43 ▶ · E. Housing numbers: need, headroom and buffers (59)
albeit we are progressing the plan under transitional arrangements set under an old version of the national planning policy framework to keep the housing requirement thousands of homes lower than it would otherwise be if the new method were applied. The council has also written to the local MPs to press for a change in government policy on this issue.00:56:39 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
It is common practice and necessary for a local planning authority to amend and update its evidence base even after it has completed consultation at Regulation 19 stage. … We have been open and transparent about the work that we are doing and will publish it once it is complete.00:57:56 ▶ · 3. The second consultation – anything that could be classed as predeterminative (104)
This is to ensure that the Local Plan examination is informed by the most up-to-date and robust evidence. … We are also engaging with relevant statutory consultees in undertaking this further work. According to our records, you formally objected to strategic policy SD01, and so you have a right to be heard at the examination on that policy and the evidence that relates to that policy.00:58:08 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
members will be aware that I was hoping to be in a position to present plan to you for submission for examination at today's meeting unfortunately we're not quite in that position yet for in relation to the three main pieces of work mentioned in the report01:30:43 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
following feedback on that from the Environment Agency and also the fact that much of the modelling of that was was done about 18 months before that we have commissioned Haskoning to do some updated modelling in terms of wastewater capacity as part of an update to the water cycle study.01:31:32 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
So I'm not expecting this to necessarily change the plan. We already have adequate policy provision in the plan, you will recall, in terms of policy that ensures that developments where there isn't sufficient future capacity cannot come forward until that capacity is made available01:32:49 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
we've had further discussions with southwest water on those issues they are currently doing some options analysis in terms of whether they look at provision of a new surge treatment works or major improvements that the existing Countess Weir works … So that work is ongoing and needs to feed into this process as well.01:33:23 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
So just turning to the Pemberwood Heads and Air Quality Assessment issues, so I had hoped that we'd be further advanced with this critical issue by today. The delay really has been because Ricardo's second round of modelling, … they had undertaken one of the assessments in relation to a threshold that it turned out that Natural England were not in agreement with so having done that modelling and then run all of that past Natural England we then had to ask them to redo part of the modelling to align with Natural England's agreed thresholds01:34:23 ▶ · A. Habitats Regulations, Pebble Bed Heaths, air quality and ecology (126)
so I had hoped that we'd be further advanced with this critical issue by today. The delay really has been because Ricardo's second round of modelling, … we then had to ask them to redo part of the modelling to align with Natural England's agreed thresholds and so that slightly delayed the work01:34:27 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
we now have consultant ecologists out doing walkover surveys of the areas of the habitat where we cannot rule out significant effects from air quality impacts … we should have some initial findings of that imminently … so that work is at an advanced stage and we should be in a position to to bring that to you at the next meeting01:35:02 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
that amounts to about one percent of the total area of the habitat so it is a tiny proportion of the habitat01:35:14 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
but without actually going out and actually doing walkover surveys of the habitats in that area we don't know whether there's important habitat in those areas and what if any impact air quality is having on them because the work to date has has been a modeling exercise … what that means in terms of potential mitigation measures which will need to be tailored to the habitats that are then found and understanding when and how mitigation needs to be applied01:35:37 ▶ · A. Habitats Regulations, Pebble Bed Heaths, air quality and ecology (126)
I think we're at quite an advanced stage in terms of mitigation impacts with 3 300 homes at Marlcombe that are planned within the planned period … Not yet in a position to present the proposals, but I think we're moving forward quite well with that work. … reaching agreements primarily I think with national highways in terms of a statement of common ground that can be submitted with the plan01:36:32 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
work is getting to an advanced stage in all of these areas so um all being well this should come together over the next couple of months and we should be in a position to present the plan for submission for examination before the end of the year and and still come in under the transition arrangements01:38:23 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
I don't think we're waiting for the perfect plan it's about having an acceptable Habitat Regulations assessment … um so in terms of the time scale um we have to submit the plan by the end of the year fundamentally um but I'm still confident that we can get to the point of an acceptable Habitat Regulations assessment before that that point and that has to be the goal um because as I said it's clear from the guidance that we should have an acceptable hri at the point of submission of the plan01:41:22 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
we have to take a precautionary approach when it comes to habitats impacts so where the work has got to at the moment is that we can't rule out a significant effect on that one percent of the habitat that is affected by air quality issues and we need to be able to do that or we need to provide mitigation to address that impact … it's clear from the guidance that we should have an acceptable hri at the point of submission of the plan01:41:40 ▶ · A. Habitats Regulations, Pebble Bed Heaths, air quality and ecology (126)
we should be trying to avoid the impacts on the habitat first of all in terms of air quality impacts … mitigating them if they can't be avoided and then uh providing replacement or restoring habitat would be a sort of last result we'd have to go down a sort of derogation test from the Habitat Regulations to do that … we're not there yet we're still at the point of considering mitigation01:52:31 ▶ · A. Habitats Regulations, Pebble Bed Heaths, air quality and ecology (126)
the work's still ongoing so I don't know what the total cost is until it's completed I mean it's going to be tens of thousands of pounds01:59:04 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
their proposals being discussed they're not um something that I can put in the public domain yet you know we're still in the process of of discussing what those measures would be … those discussions are ongoing and I hope we'll be in a position shortly where some of that can be put in the public domain01:59:48 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
so there is a question about how we assess those how can we rely on those those reports which is something that I've literally in the last 24 hours asked Haskoning to consider as part of the additional work that they're doing for us02:02:35 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
what we need to be doing in terms of specific mitigation of air quality impacts is additional measures over and above what we're already doing um and that's part of the challenge … we have been in discussion with Devon county councillors the highway authority in terms of things that could be done we are quite limited though in terms of um restrictions in terms of on what basis you can put in sort of weight restrictions or you know various things like that that the acts that they work to mean you have to do them for highway safety purposes uh not to mitigate impacts on a protected habitat so there's not a great deal we can do in terms of those sorts of things02:12:21 ▶ · A. Habitats Regulations, Pebble Bed Heaths, air quality and ecology (126)
the Cranbrook expansion areas should all be within the the existing planned growth that accommodated because we've already had a plan through and adopted an acceptable Habitat Regulations assessment for that plan02:15:30 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
just because it's all designated as a SPA and an SAC doesn't actually mean that there's necessarily important habitat in the area that's affected … so the habitat necessarily on the sides of the road is not necessarily established in the same way that some of the rest of the habitat is02:22:01 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
at what point do we start to have a significant effect on the habitat at what point does mitigation then need to kick in … it could be that mitigation won't be needed for the first couple of years of the plan for example and only needs to kick in post 2030 or something I don't know it might be that it's needed straight away it's those sorts of things that we need to bottom out through this this further work02:23:19 ▶ · A. Habitats Regulations, Pebble Bed Heaths, air quality and ecology (126)
all of that is not just a straightforward now 2042 we are mapping how that the growth comes forward and how impacts develop over that time and at what point they reach a point of a significant effect and then we need to tailor mitigation and a mitigation strategy around that02:23:24 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
it could be that mitigation won't be needed for the first couple of years of the plan for example and only needs to kick in post 2030 or something I don't know it might be that it's needed straight away it's those sorts of things that we need to bottom out through this this further work02:23:40 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
I'm expecting um the walkover surveys in terms of the Pebblebed Heaths uh within the next week or 10 days … we will certainly know more in the next two to three weeks … I'm expecting the updated modelling in the next week or so … I would hope that before we get to the date of the november meeting when I we really need to bring the plan to you to to to uh agree for for submission02:27:25 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
so in terms of timescales um I'm expecting um the walkover surveys in terms of the Pebblebed Heaths uh within the next week or 10 days uh fundamentally that then needs to feed into um the Habitat Regulations work that footprint ecology are doing … and yes I would hope that before we get to the date of the november meeting when I we really need to bring the plan to you to to to uh agree for for submission02:27:25 ▶ · A. Habitats Regulations, Pebble Bed Heaths, air quality and ecology (126)
assuming that there are protected species and important habitats in that one percent of the habitat that would be impacted by air quality what mitigation measures would be effective and I understand the concerns about 3.17 there is only so much we can do in terms of the reduction of vehicles and the uptake of electric vehicles … we thought initially the mitigation would simply be you know increasing uptake of electric vehicles knowing that it's the pollutants that are rising from that but as as the report shows and and as members are picked up on that's that's very much easier said than done02:37:23 ▶ · A. Habitats Regulations, Pebble Bed Heaths, air quality and ecology (126)
paragraph 3.18 does go on to talk about other mitigation options and likely preferred choice being on-site management works that would manage the impacts in terms of inappropriate species of plant life for example growing in the habitat … trees are known to be very good at um absorbing pollutants02:37:47 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
no no not at all um we're very much working with the consultants and Natural England to find appropriate mitigation measures um and work those those through and how those can be delivered as required02:39:45 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
the the pebble bed heaps is is the one thing that's a real issue um in in terms of sort of deal breakers … so we could submit the plan in advance of resolving those issues and trust that we can work those through and resolve them in advance of the examination … however I don't want to rely on that I want to find the solution but until we've got these walkover surveys it's very difficult to know what we're dealing with02:41:22 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
but the consequences of not submitting the plan before beyond the end of this year of thousands of additional homes fundamentally uh if we progress a plan under the new plan making system using the new standard method and that's only going to make the impacts on the public heaths even worse so it's not in anybody's interest for us to do that and certainly that's not what Natural England would want us to do02:42:41 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
I say ultimately that's for for you as members to decide whether or not we submit the plan um based on wherever we get to by the deadline um so there will be a choice to be made but I hope it's a choice you won't have to make because I hope we can resolve the issue and get to an acceptable HRA before then02:43:39 ▶ · 2. Outstanding pieces of work (HRA, Air Quality Mitigation report, etc.) – especially dates and promises (257)
I would stress that this is about the growth in most of the district fundamentally because so many vehicles from across the district, across the Red Heaps. So, really saying the plan can't progress, we have to find a way through this, otherwise, you know, we're basically saying that Grove can't come forward in a large majority of East Devon.02:44:50 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
the impact of air quality on the habitat is confined to quite a small area that's well about one percent of the habitat immediately adjacent to roads in a couple of key locations … just because the whole site is designated doesn't mean those features occur in every square inch of the whole habitat03:09:06 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
the modeling does pick up on the specific impacts of particular sites in terms of how many vehicle movements it generates over the Pebblebed Heaths so for each site we've modeled that site generates this number of vehicle movements … but some do impact more than others. um so that is something we could look at in terms of whether there are specific sites where if they were removed the impacts would come below the thresholds that Natural England guidance suggests is acceptable such that there isn't a significant effect03:11:05 ▶ · A. Habitats Regulations, Pebble Bed Heaths, air quality and ecology (126)
The impacts arise across quite a large area, basically the majority of the district south of the A30 … So the impact is not arising from any one site, it's from many, many sites03:11:32 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
This is the primary impact, but also north-south from Exmouth and Bodley up to the 3052 and up towards the A30 and beyond.03:11:54 ▶ · A. Habitats Regulations, Pebble Bed Heaths, air quality and ecology (126)
but to do so would probably involve uh well would involve a substantial change to the plan that we can't do at this point in in plan making so in effect that's would be in relation to a different plan03:12:31 ▶ · 3. The second consultation – anything that could be classed as predeterminative (104)
uh no because the modeling was the sites that we're allocating in the plan not the sites that we chose not to allocate um so we'd have to do further modeling specifically in terms of that site to understand its impacts03:14:04 ▶ · A. Habitats Regulations, Pebble Bed Heaths, air quality and ecology (126)
the cliff village application you're referring to is eia development so they are required under the eia regulations as to address cumulative impacts in their environmental statement03:15:09 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
um is is the response I got so I think they are hoping that they will be looking at air quality issues but it won't be on this localized level it will be a more high level strategic approach um at least in the short term so I don't think that's going to yield a solution not in the short term03:17:40 ▶ · A. Habitats Regulations, Pebble Bed Heaths, air quality and ecology (126)
that basically gives us a five-year housing land supply position of 3.16 years03:21:37 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
the way I see it that the the it's not about increasing the total number of homes it's about what's coming forward in the next five years fundamentally03:29:46 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
Full Council, 14 October 2026 (2)
to to send an instruction to staff tomorrow that they must engage with members proactively on these decisions02:17:25 ▶ · The council’s answers (rebuttals) – what officers and councillors said in EXMO20’s defence
we have been and are currently being legally challenged on whether a decision has been made in accordance with the constitution based on detailed wording issues in our constitution so we do need to make sure we get this right otherwise there could be legal consequences for us02:17:39 ▶ · I. Admissions (24)
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