Agenda and draft minutes

Virtual meeting, Strategic Planning Committee - Tuesday, 20th October, 2020 2.00 pm

Venue: Online via the zoom app. All councillors and registered speakers will have been sent an appointment with the meeting link

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

Items
No. Item

69.

Public speaking

Information on public speaking is available online

 

Minutes:

The Chairman welcomed everyone present to the meeting.  There were three members of the public present who wished to address the Committee when the relevant item was considered (Minute 67 – Coastal Change Management Areas).

 

Members agreed to bring this item forward in the agenda.

 

70.

Minutes of the previous meeting pdf icon PDF 359 KB

Minutes:

The minutes of the Strategic Planning Committee meeting held on 16 September 2020 were confirmed as a true record.

 

71.

Declarations of interest

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

Minutes:

7. Review of the East Devon Local Plan 2013 - 2031.

Councillor Eleanor Rylance, Personal, Broadclyst Town Councillor and Ward Member for Broadclyst.

 

7. Review of the East Devon Local Plan 2013 - 2031.

Councillor Mike Howe, Personal, Bishops Clyst Parish Councillor.

 

7. Review of the East Devon Local Plan 2013 - 2031.

Councillor Paul Hayward, Personal, Clerk to All Saints, Chardstock and Newton Poppleford and Harpford Parish Councils.

 

8. Proposed approach to planning the production of a new Local Plan.

Councillor Eleanor Rylance, Personal, Broadclyst Town Councillor and Ward Member for Broadclyst.

 

8. Proposed approach to planning the production of a new Local Plan.

Councillor Mike Howe, Personal, Bishops Clyst Parish Councillor.

 

8. Proposed approach to planning the production of a new Local Plan.

Councillor Paul Hayward, Personal, Clerk to All Saints, Chardstock and Newton Poppleford and Harpford Parish Councils.

 

9. Future housing needs in East Devon.

Councillor Eleanor Rylance, Personal, Broadclyst Town Councillor and Ward Member for Broadclyst.

 

9. Future housing needs in East Devon.

Councillor Mike Howe, Personal, Bishops Clyst Parish Councillor.

 

9. Future housing needs in East Devon.

Councillor Paul Hayward, Personal, Clerk to All Saints, Chardstock and Newton Poppleford and Harpford Parish Councils.

 

10. Housing Monitoring Update to year ending 31 March 2020.

Councillor Eleanor Rylance, Personal, Broadclyst Town Councillor and Ward Member for Broadclyst.

 

10. Housing Monitoring Update to year ending 31 March 2020.

Councillor Mike Howe, Personal, Bishops Clyst Parish Councillor.

 

10. Housing Monitoring Update to year ending 31 March 2020.

Councillor Paul Hayward, Personal, Clerk to All Saints, Chardstock and Newton Poppleford and Harpford Parish Councils.

 

11. Employment Land Review to year ending 31 March 2020.

Councillor Eleanor Rylance, Personal, Broadclyst Town Councillor and Ward Member for Broadclyst.

 

11. Employment Land Review to year ending 31 March 2020.

Councillor Mike Howe, Personal, Bishops Clyst Parish Councillor.

 

11. Employment Land Review to year ending 31 March 2020.

Councillor Paul Hayward, Personal, Clerk to All Saints, Chardstock and Newton Poppleford and Harpford Parish Councils.

 

11. Employment Land Review to year ending 31 March 2020.

Councillor Philip Skinner, Personal, Close friends with the owners of Greendale Business Park and did not take part in the debate or vote.

 

12. Coastal Change Management Areas.

Councillor Dan Ledger, Personal, Ward Member for Seaton.

 

12. Coastal Change Management Areas.

Councillor Ian Thomas, Pecuniary, Owns a property that featured on the map.  Was placed in the virtual waiting room while the item was being discussed and did not take part in the debate or the vote.

 

13. Section 106/Community Infrastructure Levy Developer Contributions.

Councillor Dan Ledger, Personal, Ward Member for Seaton and a Seaton Town Councillor

.

 

13. Section 106/Community Infrastructure Levy Developer Contributions.

Councillor Eleanor Rylance, Personal, Broadclyst Town Councillor and Ward Member for Broadclyst.

 

13. Section 106/Community Infrastructure Levy Developer Contributions.

Councillor Mike Howe, Personal, Member of the Community Infrastructure Levy Working Party.

 

13. Section 106/Community Infrastructure Levy Developer Contributions.

Councillor Mike Howe, Personal, Bishops Clyst Parish Councillor.

 

13. Section 106/Community Infrastructure Levy Developer Contributions.

Councillor Nick  ...  view the full minutes text for item 71.

72.

Matters of urgency

Information on matters of urgency is available online

 

Minutes:

There were no matters of urgency discussed.

73.

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 items that officers recommended should be dealt with requiring exclusion of the public or press.

74.

Coastal Change Management Areas pdf icon PDF 202 KB

Additional documents:

Minutes:

The Chairman invited the three public speakers to speak.

 

Richard Eley, addressed the Committee, who was registered to speak on behalf of Sidmouth Chamber of Commerce.  He advised that they supported the four recommendations and agreed Cabinet should urgently consider the matter.  He asked for an immediate suspension of the Sidmouth Beach Management Plan to enable it to be reviewed with a new evidence base, clear thinking and an open minded approach.

 

He raised concerns about the questionable projections within the report advising the methodology was experimental and algorithmic and that Plymouth University had used untried and experimental mathematical technique and should be treated with caution.

 

Martin Shaw, raised concerns on behalf of the residents of West Seaton.  He advised they generally welcomed the new study but questioned the previous lines drawn by the Shoreline Management Plan as the lines did not correspond with the pattern of erosion in recent times.

 

He suggested exploring whether the study that indicated the assumption of the Shoreline Management Plan that the western side of Seaton should be a management realignment zone and whether it was sustainable because the study had suggested more serious damage to properties and roads between Seaton and Beer which would have serious implications for residents.

 

There was concerns about the assumptions of the Shoreline Management Plan and concerns that the Beach Management Plan was operating on a too limited framework and on the assumption on erosion from below.  Mr Shaw drew Members attention to the rainfall erosion in 2012 resulting in a landslip in Old Beer Road and said this was likely to be a problem again.

 

Karen Boyes, a resident of Seaton Hole, asked Members to consider the provision of the South West coastal path and raised concerns that the path between Seaton and Beer was disappearing.  She also asked Members to consider the incorporation of a disability friendly beach access at Seaton Hole into future plans.

 

The Service Lead – Strategic Planning and Development Management presented the report setting out a methodology for defining areas that may be affected by physical change to the coast over the next 100 years.  The report showed a pilot study area was used from the coastline of Sidmouth to the edge of Lyme Regis to look at coast erosion and likely impacts from factors such as increase in the rate of sea levels due to climate change.

 

Members noted the report reflected a precautionary approach and was a worst case scenario, a method endorsed by the Environment Agency and did not take account of the coastal protection measures being planned.

 

The Service Lead – Planning Strategy and Development Management advised the work was for planning purposes and the study was proposed to be used in the production of the new Local Plan to help identify coastal change management areas where policies may be needed to affect what is acceptable in planning terms.

 

Members also noted that a press release had been issued in advance of the meeting to highlight the  ...  view the full minutes text for item 74.

75.

Review of the East Devon Local Plan 2013 - 2031 pdf icon PDF 220 KB

Minutes:

The Committee considered and discussed the report presented by the Service Lead – Planning Strategy and Development Management advising Members that the review of the East Devon Local Plan 2013 to 2031 must be completed by 28 January 2021.

 

The toolkit provided by the Planning Advisory Service highlighted some key issues including significant changes in economic conditions, stalling of key infrastructure projects and not all policies being achievable.  All of which leads to a wider review of the Local Plan. 

 

Members were asked to be mindful as decision makers that the weight that can be attributed to policies that are not in complete alignment with the NPPF has to be considered and the work done in the toolkit would help Members understand.

 

Discussion covered:

·         A comment was made about A9 – surface flood water.  We are experiencing increasing surface water flooding. The Environment Agency need to revise their maps as they are not up to the job anymore;

·         Clarification was sought about the delivery of infrastructure.  How can we consider building 7,900 houses in 10 years without knowing how we need to deliver the infrastructure for them;

·         Concerns raised that the configuration of business premises was not known.  Covid-19 has altered the landscape of whether people work at home or not;

·         Concerns raised how to figure out what the trends were in economic premises;

 

RESOLVED:

1.    The findings of the Toolkit Part 1 – East Devon Local Plan 2013 to 2031 review assessment, which concluded that a full policies update to the Local Plan is required be agreed.

2.    That Officers will discuss the findings of the Local Plan review assessment with the prescribed duty to co-operate bodies, and then make any consequential amendments before finalising the review (any significant comments could potentially change the conclusion of the review will be brought back to Strategic Planning Committee) be agreed.

3.    The next steps detailed in the report and the consequences of the Local Plan turning five years old be noted.

 

 

 

76.

Proposed approach to planning the production of a new Local Plan pdf icon PDF 379 KB

Minutes:

The Committee considered the Service Lead – Planning Strategy and Development Management’s report outlining a summary proposal for a new local plan for East Devon setting out two options for possible timetables.

 

Members noted the difference between the two options were the resources available and the level of engagement.  Option 1 had the fastest timeline with time constraints for consultation and engagement with members through meetings and would also require two additional staff members to help with the workload.  Option 2 would add approximately one year to that timescale as it would utilise only existing resources and workshop sessions with Members, Town and Parish Councils are included.

 

Members noted that at the present time and at least in the short term of engagement sessions would be constrained by Covid-19.  Members also noted that the preparation of the last Local Plan was led by a Member Panel enabling greater member involvement albeit this raised concerns about probity and was time consuming.

 

The Chairman welcomed comments from non-committee members:

 

·         The Committee was urged to get on with the process and to choose the speedier option;

·         Clarification was sought on the HELAA process and the need to go out to consultation again on work already done.  The Service Lead – Planning Strategy and Development Management advised the intention was not to get rid of the previous HELAA but to be mindful that there is a need to make sure the assessments as part of that examination were up-to-date.  It was also advised the GESP was focused on large strategic sites and to be mindful of small sites that may not have been put forward previously.

 

Committee Members discussions covered:

·      A hybrid option should be considered because we should not proceed without community engagement; 

·      Suggestion was made to combine elements from Option 2 into Option 1;

·      Clarification was sought on why Option 2 timeline had a 4 months fallow period from January 22 to April 22.  The Service Lead – Planning Strategy and Planning Development advised they were not fallow months, it would be used for gathering evidence and preparation of reports;

·      This is set up to look identical to GESP which it should not and must not;

·      Numerous concerns were raised throughout the document;

·      Neighbourhood Plans need to be upheld and supported;

·      We need a  review of the existing Local Plan not a new Local Plan;

·      Concerns raised about the need for 3 months for community engagement.  Effective online engagement should be considered;

·      The new Local Plan should include more green infrastructure to assist the move to sustainable communities;

·      An alternative proposal for a hybrid option was discussed that Members were supportive of;

·      Support was expressed for the recruitment of two additional Planning Officers.  Discussions included recruiting as a matter of urgency. 

 

The following amendment to the recommendation was proposed by Councillor Ben Ingham and seconded by Councillor Phil Skinner.

 

Members to consider a review of a hybrid option between Option 1 and Option 2.

 

The further amendment to the recommendation was proposed  ...  view the full minutes text for item 76.

77.

Future housing needs in East Devon pdf icon PDF 261 KB

Minutes:

The Committee considered the report by the consultants ORS into future housing needs in East Devon to form part of the evidence base for the production of the new Local Plan highlighting a number of key needs.  Members noted the recent publication of the final report detailing a few amendments.

 

Non-Committee Members comments included:

·         Clarification was sought on paragraph 2.2 (d) on whether the consultation broke down the different types of affordable housing.  In response the Service Lead – Planning Strategy and Development Management confirmed that a full breakdown is included in the ORS report;

·         Clarification was sought on paragraph 2.2 (h) on why satisfaction levels were lower in Cranbook.  It was advised no further detail was available.

·         Clarification was sought on paragraph 2.2 (i) on building homes in East Devon for people moving from elsewhere.  The Service Lead – Planning Strategy and Development Management advised under government guidance the council required to meet the need.

 

Committee Members discussions covered:

·         The report does not meet the objective of building and designing homes for people at all stages of life;

·         Clarification was sought on paragraph 2.2 (d) affordable homes and (f) sheltered and extra car homes. Only 119 homes to be built for residents and others who do not fall into those two categories.  The Service Lead – Planning Strategy and Development Management advised it was a fundamental problem that affordable housing needs outstrips what the Council can deliver which we need to address in the preparation of the Local Plan.

 

RESOLVED:

That the contents of the report be noted and forms part of the evidence base for the production of the new Local Plan be agreed.

78.

Housing Monitoring Update to year ending 31 March 2020 pdf icon PDF 291 KB

Minutes:

The Service Lead –Planning Strategy and Development Management presented the report setting out the latest monitoring figures on housing completions and projection and the Five Year Land Supply calculation to year ending 31 March 2020.  Members noted that 1065 homes were built in the district over the last year; a marked increase over the 929 of the previous year.  The Service Lead – Planning Strategy and Development was pleased to report it was the highest number delivered in a single year in East Devon. 

 

He was also pleased to report there was still a five year housing supply but drew Members attention that it was a declining position, delivery was also slowing down on a number of sites since March due to Covid-19 leading to implications summarised on page 62 paragraph 6.1.

 

RESOLVED:

That the residential dwellings completion data and future projections for the district be noted.

That the confirmation of a Five Year Land Supply but also the Five Year Land Supply figure has dropped since the last report be noted.

79.

Employment Land Review to year ending 31 March 2020 pdf icon PDF 208 KB

Minutes:

The Service Lead – Planning Strategy and Development Management presented a report summarising the employment land review undertaken for 2019-20.

 

Members noted the Council had granted consent for 5.56 hectares of additional employment land this year totalling 42.86 hectares of consented employment land.  The attached appendix to the report detailed individual sites.

 

RESOLVED:

That the report be acknowledged.

 

80.

Section 106/Community Infrastructure Levy Developer Contributions pdf icon PDF 1 MB

Minutes:

The report presented to the Committee outlined the financial contributions paid to the Council through S106 agreements and Community Infrastructure Levy (CIL).

 

The Service Lead – Planning Strategy and Development Management advised Members that a total of £860,000 had been collected through S106 agreements.  £550,000 being spent on habitat mitigation and sports and play projects and £3.2m had been collected from the Community Infrastructure Levy (CIL) with a further £22,000 due to be paid and over £2m in potential receipts for granted consent on development.

 

Members noted that time consuming work was being undertaken to transfer data onto the system to enable the information to be viewed online via a public interface module on the council’s website.  Members also noted that the government now required an infrastructure funding statement to be published which the council would publish by the end of the year.

 

Non-Committee Members points raised included:

·         Question raised about how much monies was due but had not been paid and what action was the Council taking to pursue that money.  The Service Lead – Planning Strategy and Development Management advised he did not have that information to hand as it was not part of the monitoring report.

 

Committee Members discussions covered:

·         Clarification sought on when the report commissioned by the South West Audit Partnership would be brought to Strategic Planning Committee.  The Service Lead – Planning Strategy and Development Management advised it was currently being drafted and would be considered at Audit and Governance Committee.  Concerns were raised that Members were asked to note a report when the South West Audit Partnership report was not ready.  In response the Chief Executive advised it was normal process for Audit and Governance to consider the report first but would expect it to come to this committee when issued and a report prepared.

 

RESOLVED:

1.    The contents of the report be noted.

2.    The requirement to provide an ‘Annual Infrastructure Funding Statement’ be noted.

3.    A meeting of the CIL Members Working Party to consider options for the spend of CIL receipts and form recommendation for future consideration by Strategic Planning Committee be convened.

 

81.

Affordable Housing Supplementary Planning Document and Mortgagee Exemption Clauses pdf icon PDF 320 KB

Minutes:

The report presented to the Committee outlined the responses received during the second round of public consultation on the draft Affordable Housing Supplementary Planning Document (SPD) (January to February 2020).  The Service Lead – Planning Strategy and Development Management was pleased to advise following consultation and minor amendments the SPD document was ready to be adopted as appended to this report.

 

The Service Lead – Planning Strategy and Development Management advised Members that amendments to the process of the mortgage exemption clauses were required.  He advised that the current process involves a report being prepared by officers which would be sent to the Board Members for their agreement before being signed off by the Development Manager or in consultation with the Chairman of the Planning Committee.  As it was a lengthy process it was recommended that the powers to make these changes be entirely delegated to officers and if Members were in agreement recommend to Council to enable the necessary changes to the Constitution and adoption of the SPD as a recommendation to Cabinet.

 

The following amendment to the recommendation was proposed by Councillor Mike Howe and seconded by Councillor Allen.

 

To recommend to Council that the constitution be amended to add ‘Deeds of variation to amend mortgagee exemption clauses in line with the securitisation working group template clause’ to the list of other planning delegations to the Service Lead (Planning Strategy and Development Management) in consultation with the Chair of Planning Committee.

 

RESOLVED:

1.    The comments received during the second round of public consultation on the Draft Affordable Housing Supplementary Planning Document and be noted and the council responses endorsed.

2.    Recommend to Cabinet that the Affordable Housing Supplementary Planning Document attached at Appendix A be considered and adopted.

3.    Recommend to Council that the constitution be amended to add ‘Deeds of variation to amend mortgagee exemption clauses in line with the securitisation working group template clause’ to the list of other planning delegations to the Service Lead (Planning Strategy and Development Management) in consultation with the Chair of Planning Committee be approved.

82.

Heritage Strategy Monitoring Report and East Budleigh Conservation Area Review pdf icon PDF 233 KB

Additional documents:

Minutes:

The report presented to the Committee summarised the historic environment of the district, its significance and its benefits.  The report also identified the heritage issues in East Devon and outlined objectives for the future.  The Service Lead – Planning Strategy and Management Development was pleased to report that 17 out of the 18 short term actions for 2019/20 had been achieved including the provision of a guide to the listing of local heritage assets.

 

During discussion on the detail of the report it was brought to the Committee’s attention that as there was no change to the boundary of the Conservation Area there was no duty to consult with property owners and where properties were added to the Local List those property owners were consulted.

 

RESOLVED:

1.    That the Heritage Strategy Monitoring Report be noted.

2.    That the East Budleigh Conservation Area Appraisal Review and Management Plan 2020 be approved for adoption.

 

83.

Clyst Valley Regional Park Masterplan pdf icon PDF 218 KB

Minutes:

The Service Lead – Planning Strategy and Development Management presented the report which sought Members agreement for the draft Clyst Valley Regional Park Masterplan for public consultation. 

 

Members noted the Local Plan had envisaged forming the Clyst Valley Regional Park as a multifunctional regional park providing natural space and access for cycleways and was previously considered by this Committee in February 2018 establishing a Task and Finish Group supported by three levels of Local Government within the area as well as Environment Agency, Natural England and others to support the development of the masterplan.

 

The Portfolio Holder for Coast, Country and Environment encouraged Members to support the consultation and said it was a green policy to be proud of and an existing delivery of green initiatives.

 

Committee Members comments included:

·         Reference was map to page 33 figure 26 and clarification was sought on the habitat corridors not covered by the area projects.

·         Clarification was sought on how to guarantee that no further development would take place in those areas of the Masterplan.  It was advised there were policies within the Local Plan that would not allow development that would restrict the delivery of the Regional Park.

 

The following amendment to the recommendation was proposed by Councillor Mike Howe and seconded by Councillor Paul Arnott.

 

That Members agree the draft Clyst Valley Regional Park Masterplan for public consultation but delegate to the Service Lead – Planning Strategy and Development Management and Chair of Strategic Planning Committee amendments prior to issue for consultation.

 

The vote took place and the motion was carried.

 

RESOLVED:

That the draft Clyst Valley Regional Park Masterplan be agreed for public consultation but delegate to the Service Lead – Planning Strategy and Development Management and Chair of Strategic Planning Committee amendments prior to issue for consultation.