Agenda and minutes

Venue: Council Chamber, Blackdown House, Honiton

Contact: Wendy Harris  01395 517542; email  wharris@eastdevon.gov.uk

Media

Items
No. Item

14.

Minutes of the previous meeting pdf icon PDF 379 KB

Minutes of the Strategic Planning Committee meeting held on 21 July 2023.

Minutes:

The minutes of the Strategic Planning Committee held on 21 July 2023 were confirmed as a true record.

15.

Declarations of interest

Guidance is available online to Councillors and co-opted members on making declarations of interest

Minutes:

Minute 19. Housing Numbers in the East Devon Local Plan.

Councillor Paul Hayward, Affects Non-registerable Interest, Employed as Clerk to Axminster Town Council.

 

Minute 20. East Devon Local Plan - Future Work Planning.

Councillor Paul Hayward, Affects Non-registerable Interest, Employed as Clerk to Axminster Town Council.

 

Minute 21. Achieving Nutrient Neutral Development in the River Axe Catchment.

Councillor Paul Hayward, Affects Non-registerable Interest, Employed as Clerk to Axminster Town Council.

 

Minute 22. Gypsy and Traveller Site Provision.

Councillor Marcus Hartnell, Other Registerable Interest, as a Devon County Councillor left the chamber for this item and did not take part in discussions or vote on this item.

 

Minute 22. Gypsy and Traveller Site Provision.

Councillor Mike Howe, Affects Non-registerable Interest, as Ward Member have wards referred to in the report.

 

Minute 22. Gypsy and Traveller Site Provision.

Councillor Paula Fernley, Affects Non-registerable Interest, as Ward Member have wards referred to in the report.

 

Minute 22. Gypsy and Traveller Site Provision.

Councillor Todd Olive, Affects Non-registerable Interest, as Ward Member have wards referred to in the report.

 

Minute 23. Duty to Co-operate Update.

Councillor Paul Hayward, Affects Non-registerable Interest, Employed as Clerk to Axminster Town Council.

 

Minute 24. Section 106 and CIL Resources and Processes.

Councillor Paul Hayward, Affects Non-registerable Interest, Employed as Clerk to Axminster Town Council.

 

Minute 24. Section 106 and CIL Resources and Processes.

Councillor Mike Howe asked for it to be noted that although it was not a declaration he was Chair of the Community Infrastructure Levy Working Party which referred to his ward in the report.

16.

Public speaking

Information on public speaking is available online

 

Minutes:

There were no members of the public wishing to speak.

17.

Matters of urgency

Information on matters of urgency is available online

 

Minutes:

There were no matters of urgency.

18.

Confidential/exempt item(s)

To agree any items to be dealt with after the public (including the Press) have been excluded. Thereare no itemswhich officersrecommendshould be dealtwithin thisway.

 

Minutes:

There were no confidential/exempt items.

19.

Housing Numbers in the East Devon Local Plan pdf icon PDF 590 KB

The report provides information around potential for not basing housing number in the East Devon local plan on the outcomes of application of the Government standard method for assessing housing need.

Minutes:

The Assistant Director – Planning Strategy and Development Management presented the report which addressed matters raised by Strategic Planning Members at the meeting on 9 June specifically addressing the housing need matters with constraints in East Devon to accommodate housing growth.

 

The report focused on two key aspects which related to the unconstrained housing need figure calculated on the Government’s standard method for calculating housing numbers and the housing requirement which takes into the constraints.  The current housing need figure under the Government’s standard method stands at 910 homes per year which Members noted was not unusual for Southern England.

 

The Assistant Director – Planning Strategy and Development Management highlighted the following planning constraints which the report addressed but concluded could not be taken into account as these were not classed as exceptional circumstances:

·       Areas of Outstanding Natural Beauty

·       Green Belts

·       Duty to co-operate

·       Growth on protected habitats

 

He also addressed the wider concerns for not accommodating the standard method housing need numbers and emphasised that current evidence had demonstrated East Devon did not have any exceptional circumstances to justify using an alternative approach to the standard method for calculating the Local Housing Need.

 

The Assistant Director – Planning Strategy and Development Management advised it was important to note that the proposed levels of growth could be accommodated with suitable mitigation in place and that it would be kept under review should Government policy changes.

 

Members thanked the Assistant Director – Planning Strategy and Development Management for the excellent detailed report which gave a compelling argument to the recommendations proposed and raised the following comments and questions:

·       There is a need to challenge the housing numbers through political channels rather than through the local plan process.

·       Concern was raised about the duty to co-operate and neighbouring authorities not meeting their housing numbers.  It was advised there was a need to wait and see and then push for evidence to back up their case. Torbay was the only neighbouring authority at this stage that had indicated that they would not be able to meet their housing numbers and evidence had been requested to confirm this.

·       There was a need to find ways to mitigate existing challenges and focus on issues such as waste water and working with NHS.

·       There was a need to work closely with town and parish councils to ensure they get the right housing that they believe is needed.

·       Clarification was sought on the affordability ratio and the comments detailed in paragraph 5.30.  The Assistant Director – Planning Strategy and Development Management agreed questioning the evidence about whether this would bring house prices down.

·       Clarification was sought on the infrastructure issues detailed in paragraph 5.24 and whether this could be considered a constraint if Government was failing to carry out the engineering solutions.  In response the Assistant Director – Planning Strategy and Development Management advised it would not be a constraint to levels of growth in  planning terms as development could be phased to allow for the infrastructure  ...  view the full minutes text for item 19.

20.

East Devon Local Plan - Future Work Planning pdf icon PDF 359 KB

The report provides further information around work planning for the new local plan and also highlights issues associated with Government consultation on proposed changes to the local plan making system.

Minutes:

The Assistant Director – Planning Strategy and Development Management provided the Committee with an interim update on the work programme for the new local plan to address the immediate issues to the local plan making system due to the proposed Levelling-up and Regeneration Bill.  He advised that it was critical for Members to be aware that absolute deadline to submit the draft local plan was June 2025 and adopted by June 2026.

 

The Assistant Director – Planning Strategy and Development Management drew Members attention to key areas that had been identified as not having been effectively progressed and would need further consultation through a further Regulation 18 stage.  Members noted that a detailed report would be brought to Committee next Spring.

 

These included:

·       Site allocations and master planning for the new town

·       Employment allocations

·       Further housing sites

·       Clyst Valley Regional Park Boundary

·       Green Wedges

·       Coastal Preservation Areas

·       Designated Neighbourhood Area Housing Requirements

 

Members attention was drawn to the detailed table that summarised the further work, evidence and committee considerations that may be needed to support the local plan which would be brought to Members in bite size chunks, chapter by chapter to work through and agree any changes.

 

Questions from Members included:

·       Clarification was sought on whether there was a Jurassic Coast Protection Area to cover the inland areas and whether this was an overlap of the coastal preservation areas.  The Assistant Director was not aware of this and advised he would look into this with the World Heritage Site Team.

·       There was a need to consider food and water security and look at ways of protecting the grade 1 and 2 lands on further developments and clarification was sought on whether there would be policies in the local plan to protect these types of land.  It was advised there would be policies in the plan to protect the best agricultural land and could look to accommodate water security which could be picked up when the Water Cycle Study was completed.

·       Concern raised that there nothing in the local plan about our rural communities and clarification was sought about helping farmers.  It was advised current policies were open to rural development and rural diversification.

·       Several Members raised concerns about the Green Wedges advising they were very important, and the review should not propose to reduce them or be encroached on.  The Assistant Director – Planning Strategy and Development Management advised there the Green Wedge Policy along with the other outdated policies must be reviewed to make sure the new local plan has up-to-date evidence and justification for it to be adopted.  In response there was a request to have it noted in the minutes that whilst the committee recognises there was more work to be done that as a matter of principle the Green Wedges were a priority and preventing the coalescence of settlements was absolutely vital.

·       Clarification was sought on the strategic development at Whimple and Feniton.  In response it was advised this would be picked up at a  ...  view the full minutes text for item 20.

21.

Achieving Nutrient Neutral Development in the River Axe Catchment pdf icon PDF 903 KB

The report seeks to highlight on-going work in trying to deliver suitable mitigation for new housing developments within the catchment of the River Axe and seeks to highlight a number of key options for delivering mitigation.

Additional documents:

Minutes:

Prior to the Assistant Director – Planning Strategy and Development Management presented his report the Portfolio Holder Coast, Country and Environment read out the following statement.

 

‘I was alarmed last week to read the Government proposed changes to Nutrient Neutrality for their National Policy

 

It is proposed that within the Levelling-up and Regeneration Bill to make Natural England’s nutrient neutrality rules advisory rather than mandatory. This will effectively enable this council to resume processing planning applications again in the Axe catchment which we have been unable to do since early 2022. On the face of it, its good news for local housing building, but is it good for the environment?

 

It still remains vital to clean up the Axe Catchment and will the change in policy with the lifting planning restrictions and the announced alleged new funding tackle the root causes of nutrient pollution in rivers and estuaries.

 

It is reported that additional funding will be provided to the NE Nutrient Mitigation Scheme to tackle pollution and restore habitats, with the promise that developers will contribute to funding mitigation in the future.

 

It was also announced the Government will also provide:

  • Legislation requiring investment from water companies to improve infrastructure to the highest standard by 2030. But this has already been announced so not new money.
  • £200m grants to improve slurry infrastructure and fertilising equipment on farms, with an increase in inspections to ensure that farmers are minimising water pollution.But Liz Truss, who when in charge at the DEFRA between 2014 and 2016, oversaw “efficiency” plans set out in the 2015 spending review reduced Environment Agency funding by £235m. This included a £24m cut from a government grant for environmental protection, including surveillance of water companies, between 2014-15 and 2016-17. So, this new grant is simply replacing what was cut 9 years ago!
  • Additional £25m to invest in innovative land and soil management techniques. But these 2 new funding announcements are less than what was cut in 2014! So, what about inflation?
  • Consultation later this year to consider requirements for sustainable drainage solutions to protect homes and waterways. Surely wasn’t this part of the NPPF proposed changes that where to be concluded last spring?

 

I therefore question this “new” funding for environmental mitigations will deliver what is needed throughout the country!

 

Although I never understood the stopping of planning permission for the Axe catchment in 2022, as the greatest amount of pollution was estimated as Agricultural at over 70%. (To me it seemed that the wrong player was sent off!!)


Now the Government are suggesting removing this requirement, but I feel we need to know the full consequence of their proposals within the Axe catchment area before we react to what seems a retrograde step from the Nature Recovery Policy which we are now introducing.


It would seem that funding is simply returning but at yesterday's prices in another form! 


Up to now the Axe catchment work has been through Strategic Planning, as it effects new homes, but I  ...  view the full minutes text for item 21.

22.

Gypsy and Traveller Site Provision pdf icon PDF 974 KB

The report updates Members on work that is on-going to develop a strategy for delivering the necessary sites and pitches to meet identified needs for gypsy and traveller accommodation in the district.

Minutes:

The Assistant Director – Planning Strategy and Development Management updated Members on work that was on-going to develop a strategy for delivering necessary sites to meet the needs for gypsy and travellers.

 

It was advised a number of attempts had been made to acquire suitable sites however it had become an ongoing challenge to find these suitable sites due to the lack of willingness from landowners to sell. 

 

A couple of opportunities had now been presented.  These options were:

 

Elbury Close, Broadclyst.

This site was currently leased from the National Trust to DCC.  It is in poor condition and in need of urgent repairs.  DCC would like EDDC to take on the lease arrangements which would provide an opportunity to explore expanding the site to provide additional pitches.

 

Cranbrook

The adopted Cranbrook Plan DPD allocated land for a total of 15 permanent pitches across 2 sites. 

 

Members views were sought on the following 3 options for delivery:

1.          The developers market the pitches as serviced sites having first laid out the site as per the agreed and costed specification.

2.          The developers market the pitches without services and without first laying them out.

3.          The Council agrees to take the free transfer of all the pitches (as serviced land) and a financial contribution from the developers to enable their delivery.

 

The Assistant Director – Planning Strategy and Development Management also sought Members views on Baxters Farm, Musbury which is owned by DCC and had been identified as potential land for a gypsy and travellers site.  This was identified in a draft development brief but DCC would not want to accommodate provision on the site and have been looking at alternatives.  Members were advised that DCC were also mindful that there is an unauthorised encampment of travellers on DCC land within Shute Woods which is subject to an enforcement notice to remove the travellers from that site.  As a result there is some pressure on DCC to find a suitable site in the district.

 

RESOLVED:

1.     That the historic issues associated with gypsy and traveller site provision in the district be noted and the current position be noted.

2.     That the 3 options for the delivery of gypsy and traveller pitches as part of the Cranbrook expansion areas as set out at paragraph 3.11 be considered.

3.     That the emerging opportunity to work with Devon County Council to deliver a gypsy and traveller site in the east of the district in-lieu of provision of Baxters Farm, Musbury and to address the long running unauthorised encampment at Shute Woods be noted.

 

RECOMMENDED TO CABINET:

1.     That the Council agree in principle to taking over the lease arrangements for the Elbury Close site at Broadclyst and progress discussions with Devon County Council and the National Trust over these arrangements be agreed as well as to discuss the opportunities to continue the current management arrangements with Elim Housing.  A detailed proposal for the new lease and management arrangements to then be brought to Cabinet  ...  view the full minutes text for item 22.

23.

Duty to Co-operate Update pdf icon PDF 632 KB

The report updates Members on matters related to the duty to co-operated.

Minutes:

The report presented by the Assistant Director – Planning Strategy and Development Management updated Members on matters related to the duty to co-operate and was advised that as the council had a duty to co-operate with neighbouring local authorities and stakeholders if the local plan was not prepared in a way that met the duty to co-operate it would not be found sound and would not be adopted.

 

The bodies considered to be bound by the duty to co-operate included:

·       Environment Agency

·       Natural England

·       NHS

·       Highways England

·       South West Water

 

Members attention was drawn to the appended report.  Appendix 1 provided Members with a summary of the relevant bodies, comments received and key actions and appendix 2 summarised the strategic cross boundary issues and key actions.

 

The Assistant Director – Planning Strategy and Development Management emphasised there was a lot of work still to be done and that there could still be a lot of issues to resolve and officers were working to reassure Members that the duty to co-operate can be met.

 

RESOLVED:

1.     That the representations received on the draft local plan from ‘duty to co-operate bodies’ as set out in Appendix 1 to this report be noted.

2.     That work undertaken on strategic cross boundaries issues and proposals for examining the issues identified as set out in Appendix 2 to this report be noted.

3.     That the table set out in Appendix 2 be circulated to other duty to co-operate bodies for comments as set out in paragraph 4 of this report.

24.

Section 106 and CIL Resources and Processes pdf icon PDF 614 KB

The report highlights a number of issues in relation to the Council’s work in administering planning obligations such as Community Infrastructure Levy (CIL) and Section 106 agreements.

Minutes:

The Assistant Director – Planning Strategy and Development Management presented a report updating Members of the current position with regard to the Section 106 and Community Infrastructure Levy (CIL) processes.

 

It was noted that the proposed measures to address a number of issues highlighted by the SWAP audit was to include a new staffing structure within the planning obligations team to incorporate alongside the existing CIL and Section 106 Officer posts a new Planning Obligations Manager, an additional CIL Officer and Planning Obligations Support Officer.  This would in turn provide the much needed additional resource to assist the town and parish councils to help deliver projects in their areas with the Section 106 monies. 

 

The Assistant Director – Planning Strategy and Development Management advised to help reduce the financial burden on the council it was proposed to increase the monitoring fees as detailed in appendix 1 of the report.

 

The Chair on behalf of the Members thanked the Assistant Director – Planning Strategy and Development Management for the welcomed report which addressed not only the historical issues but a proposed solution and how it would be funded and looked forward to seeing the improvements.

 

RECOMMENDED TO CABINET:

1.     That the proposed revised S106 Monitoring Fees charging schedule appended to this report be supported.

2.     That the proposed Planning Obligations Team incorporating the existing COL and Section 106 Officer posts and the proposed new Planning Obligations Manager and Planning Obligations Support Officer posts be created with the new posts to be funded from S106 Monitoring Fees and CIL admin funds be approved.

3.     That the current spend process for S106 receipts for spend in the community on play areas, open space and other community spaces be amended as per option 2 as detailed in the report and delegated authority be given to the Assistant Director – Planning Strategy and Development Management to issue best practice guidance on the Council’s website on how town and parish councils should engage their communities on spend decisions be approved.

 

RECOMMENDED TO COUNCIL:

1.     That these charges be applied with effect to Section 106 agreements associated with planning applications received once the new charges have been published on the Council’s website.

2.     That the proposed Planning Obligations Team incorporating the existing COL and Section 106 Officer posts and the proposed new Planning Obligations Manager and Planning Obligations Support Officer posts be created with the new posts to be funded from S106 Monitoring Fees and CIL admin funds be approved.