Agenda and minutes

The minutes of the Strategic Planning Committee meeting held on 4 June 2024 were confirmed as a true record.

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

Minute 115. Current and Future Housing Land Supply Challenges.

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

Minute 118. Renewable Energy Generation Policies.

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

Information on public speaking is available online

Richard Eley welcomed the creation of the Local Plan Working Group that had been created to oversee the development of the East Devon Local Plan but raised concerns that these meetings should not be done in secret behind closed doors as he believed this was a breach of the Nolan Principles.  These meetings should be open to the public and recorded so that public scrutiny and public intervention can, if necessary, correct any mistakes made throughout this detailed and complex process. 

Mr Eley highlighted that there had not been any press coverage, nor any information on the EDDC website or social media platforms about these meetings and further highlighted that the notes taken at these meetings would not be available for public viewing for at least 3 months.  He suggested in order to avoid the escalation of public concern the meetings should reconvene and be conducted in public and recorded for openness and transparency and information should not be withheld from the public unless there are clear and lawful reasons for doing this.

In response the Planning Solicitor advised that the complaint had been forwarded to the Monitoring Officer who would be responding to it in due course.

Information on matters of urgency is available online

There were no matters of urgency.

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

There were no confidential/exempt items.

This report seeks to highlight the current situation with regard to housing land supply and concerns regarding our future housing land supply position in the run up to submission of the Local Plan for examination.

The report presented to the committee provided an update on the current housing land supply position.  The Assistant Director – Planning Strategy and Development Management explained that whilst recent changes to government guidance provides for Local Planning Authorities whose Local Plans are at Regulation 18 stage to determine applications without having to apply the ‘tilted balance’ if they can show a 4-year housing land supply, there was still a requirement for the council to show a 5-year housing land supply for the new Local Plan to be found sound at examination.

The Assistant Director – Planning Strategy and Development Management provided some good news advising that the requirement figure, under the governments standard method for calculating housing need, had been reduced from 910 homes to 893 homes per year. 

In order to achieve a 5-year land supply upon plan adoption officer’s had been looking at potential housing trajectory models for sites coming forward that had been identified in the draft Local Plan.  Members were advised that a ‘stepped trajectory’ was the only way to just about demonstrate a 5-year housing land supply which would allow strategic sites to come forward in a phased delivery.  It was highlighted that a risk associated with using this model was that as there was a shortage of affordable housing in the district this could be seen as inappropriate but it was hoped with the opportunity of a second new community this would give a logical reason to take this approach.

He further advised that clarification had been sought from Kings Counsel on the legal position on the current issues relating to housing land supply and the advice received confirmed that significant weight should be given to housing land supply issues without applying the tilted balance to boost our housing numbers. 

Members were advised of alternative options:

·       To not take action but this would run the risk of the Local Plan being found unsound;

·       To provide advice to the Planning Committee that in considering planning applications for housing developments that would deliver homes within the next 5 years in a sustainable way, significant weight should be given to the need to bolster the council’s housing land supply position;

·       To not provide advice to the Planning Committee regarding the weight to be given to housing land supply matters. 

Before receiving questions from Members, the Chair asked Members to bear in mind that the recent changes to government guidance may become redundant following the election of the new government who has proposed to immediately review the changes made to the NPPF.

Questions from Members covered:

·       Clarification was sought on the number of homes needed to demonstrate a 5-year housing land supply.  In response it was advised there was a need for in excess of 447 homes to get to 5 years supply but we should be looking to build a buffer as the 5 years supply is a minimum;

·       Clarification was sought on what could be done to make sure houses were constructed in a timely manner  ...  view the full minutes text for item 115.

This report advises on progress on production of the new Local Plan and key steps and stages ahead.

Members noted the progress report on the production of the new Local Plan which provided a timetable of the key steps and stages to allow a Regulation 19 Plan to be brought to Committee in November 2024, followed by a consultation on the Plan from December 2024 to January 2025 and finally the submission for examination in May 2025.

Questions raised by Members included:

·       Reference was made to the ongoing evidence gathering studies bullet pointed on page 16 and reassurance was sought whether the timetable was realistic.  In response it was advised that it could be achieved but would be challenging;

·       As we are in a housing crisis is there a way to stop houses being built for second homes?  In response it was advised there was not very much that could be done to prevent houses being used as second homes but members were reassured that council tax data showed it was not a district wide issue and that this issue could be dealt with by way of neighbourhood plans in those specific communities;

·       Can this council specify a minimum distance between houses?

·       Can pavement width be added to the evidence gathering because pavements are not wide enough for wheelchairs and pushchairs?

·       The Assistant Director - Planning Strategy and Development Management advised the last two points would be dealt with by a Local Design Guide that the council would need to produce but was not sure whether the new government would make this a requirement.

RESOLVED:

That the work programme going forward on production of the new East Devon Local Plan be noted.

This report specifically seeks direction from Committee on new development zero carbon policies for inclusion in the new Local Plan.

The report presented to committee sought direction from members on how they would like to progress with new development zero carbon policies for inclusion in the new Local Plan.

Following discussions with South West Energy and Environment Group (SWEEG) they advised that the greater benefit would be achieved by focussing on the issues around the supply chain and embedded carbon and referred to their work with Exeter City Council’s Local Plan.

The Assistant Director – Planning Strategy and Development Management advised Members that officer preference based on the advice from SWEEG would be to focus on savings that could be made from policies around embedded carbon and supply chain issues and sought Members advice on this.

It was highlighted to Members that if they choose to follow this route there was a potential issue in that there would be a requirement that all new development at the point of construction would require the installation of photovoltaics.

Questions raised by Members and discussions covered:

·       Clarification was sought on whether the report was seeking a preferred approach that would give the greatest impact on carbon omissions without compromising on viability considerations.  It was advised that a policy was needed that would produce the maximum carbon savings;

·       Do the recommendations cover house extensions and alterations and if not what can be done to tighten up energy efficiency for these?

·       There is a need to consider the future and demand items like water butts and grey water recycling to be provided for all new builds;

·       Clarification was sought on home insulation under the New Homes Standard and the requirement of solar panels and heat pumps.  Should the council be requiring a higher level of Building Regulation Standards?

Councillor Mike Howe proposed the recommendations with a slight amendment to Recommendation 1 which would encompass the demolition of buildings as this is when the most carbon emissions are generated.  This was seconded by Councillor Geoff Jung.

1.     That committee endorse a policy approach for either demolition and/or new development that places the emphasis on seeking to minimise carbon emissions during and through the demolition and/or construction phase of development.

Further comments included:

·       There is a need to encourage builders to buy in bulk/buy to scale;

·       There is a need to change the national mindset of making homes more energy efficient;

·       Reference was made to paragraphs 3.5 and 3.6 and clarification was sought about when a report would be brought to committee about Strategy 34.  In response it was proposed a report would be brought to committee close to November 2024 timescale.

During discussions Councillor Paula Fernley asked for a third recommendation for Strategic Planning Committee to write an open letter to the new Secretary of State about what we want to do at local level and what they should be doing at national level.  The proposer, Councillor Howe and seconder, Councillor Jung were happy to include this as a third recommendation.

The Chair also proposed a fourth recommendation in line with paragraph 3.24 that the Local  ...  view the full minutes text for item 117.

This report seeks direction from Committee on policies in the new Local Plan specifically around the issue of renewable energy generation – wind and solar farms.

The report presented to committee sought direction from members on how they would like to progress with renewable energy generation – wind and solar farms for inclusion in the new Local Plan.

The Assistant Director – Planning Strategy and Development Management advised that as part of this work officers had looked at other authorities that had taken a more proactive approach including Teignbridge District Council.  He advised that to do something similar would take time to complete and as the deadline for the examination of the Local Plan was drawing near it was officers preference to continue with the current approach to identify the areas where this could be possible.  The Assistant Director – Planning Strategy and Development Management emphasised a potential risk about using this approach in that at the time of the examination of the Local Plan it could be seen that this ‘reactive’ approach that is out of step with government.

In response to the report the Chair sought clarification whether there was an opportunity to leave a ‘hook’ in the Local Plan to consider this under a Supplementary Planning Document.  The Assistant Director – Planning Strategy and Development Management confirmed this could be considered.

Some members expressed disappointment about there not being enough time to do the work on the renewable energy generation policies and supported being proactive in wind power in the district.

Councillor Mike Howe proposed the following amended recommendation, seconded by the Chair.

That Committee agree to continue with the currently proposed approach for solar and wind farm development with sites that are technically suitable for these developments identified in the plan but with a criteria-based policy applied to ensure that they are acceptable in terms of impacts on the landscape, heritage assets and other planning considerations.  That officers in reporting on the wording of this chapter of the Plan at a future meeting, advise on potential to include a hook in the chapter to enable the production of a Supplementary Planning Document on the subject in the future.

RESOLVED:

To continue with the currently proposed approach for solar and wind farm development with sites that are technically suitable for these developments identified in the plan but with a criteria-based policy applied to ensure that they are acceptable in terms of impacts on the landscape, heritage assets and other planning considerations be agreed and that officers in reporting on the wording of this chapter of the Plan at a future meeting, advise on potential to include provision in the chapter to allow the production of a Supplementary Planning Document on the subject.