Agenda item

Motion 4:  Newton Poppleford Settlement Boundary

Proposed by Cllr Chris Burhop

Seconded by Cllr Paul Hayward

Motion supported by:  Cllrs Stuart Hughes, Colin Brown, Yehudi Levine, Ben Ingham, Ian Barlow, Jess Bailey

At the Strategic Planning Committee (SPC) meeting of 22^nd November 2024 when settlement boundaries were discussed, the SPC minutes record the following in relation to Newton Poppleford’s proposed settlement boundary;

“Newton Poppleford – raising the issue of consistency, concern was raised on the proposed Settlement Boundary in that the area described as excluded in stage 2 on the map should be included.  Road safety concerns were also raised.  A proposal to support the report recommendation failed. Therefore, a proposal to have the settlement boundary as the area shown as Stage 2 with the inclusion of area adjacent to Exmouth Road was supported.”

Recommendation (f) of that minute went on to state “Newton Poppleford – that the Settlement Boundary be drawn as including Stage 2 plus area adjacent to Exmouth Road, with the exact boundary to be drawn by officers for delegated approval by the Assistant Director and the Chair of Strategic Planning Committee.”

Whilst the thought process given at the time of expanding the settlement boundary to “make the settlement boundary more even over the geographical area of the village” was on the face of it understandable, the discussion, which excluded the District Councillor for the village, ignored the fact that all of the village’s amenities are located to the Eastern end of the village, which is why historically the settlement boundary was set to expand only to include the two proposed development sites Newt 04 and Newt 05 to the East of Exmouth Road, per officers’ recommendation.

The revised boundary, attached as a file to this motion, was presented at the subsequent SPC on 11^th December at which I spoke in respect of the errors in the thoughts about expanding the settlement boundary to the West of Exmouth Road, namely that the lack of footpath provision makes expansion on the Western side of Exmouth Road inaccessible. This debate is covered in pages 6 & 7 of the minutes (minute 249). They record that “During discussions some members concurred that unless the footpath was installed the western side of the village would be unsafe and there was nothing to confirm at this stage that the footpath would happen. It was suggested that a condition could be imposed to ensure that no development could take place until there was a suitable footpath”.

However legal advice obtained at that meeting confirmed that no decision taken by a committee of the council could be moved within 6 months of the original decision unless the motion to amend is signed by 15 or more councillors. In other words errors identified in any council condition need 25% of the council to sign up to an amendment at full council in order to be corrected. I resolved to draw up such a motion to propose a correction.

Subsequent to the meeting I was told by the Chair of the SPC that, as the plans had now been submitted for Regulation 19 consultation, then again they could not be amended until the consultation ended. I have requested that the proposed amendment be included in the agenda of the Strategic Planning Committee of 8^th July however the published agenda did not include this proposal.

I therefore submit the following motion to full council;

Motion

The settlement boundary for Newton Poppleford submitted in the Regulation 19 Consultation in the Draft Local Plan contained a material error and should now be amended per the proposed map, being officers’ original recommendation.

Councillor Cllr Chris Burhop proposed the motion on notice which was seconded by Cllr Paul Hayward and was supported by Councillors Stuart Hughes, Colin Brown, Yehudi Levine, Ben Ingham, Ian Barlow and Jess Bailey.

In speaking to the motion on notice Councillor Burhop stated that at the Strategic Planning Committee (SPC) meeting of 22^nd November 2024 when settlement boundaries were discussed, the SPC minutes record the following in relation to Newton Poppleford’s proposed settlement boundary;

“Newton Poppleford – raising the issue of consistency, concern was raised on the proposed Settlement Boundary in that the area described as excluded in stage 2 on the map should be included.  Road safety concerns were also raised.  A proposal to support the report recommendation failed. Therefore, a proposal to have the settlement boundary as the area shown as Stage 2 with the inclusion of area adjacent to Exmouth Road was supported.”

Recommendation (f) of that minute went on to state “Newton Poppleford – that the Settlement Boundary be drawn as including Stage 2 plus area adjacent to Exmouth Road, with the exact boundary to be drawn by officers for delegated approval by the Assistant Director and the Chair of Strategic Planning Committee.”

Councillor Burhop further stated that whilst the thought process given at the time of expanding the settlement boundary to “make the settlement boundary more even over the geographical area of the village” was on the face of it understandable, the discussion, which excluded the District Councillor for the village, ignored the fact that all of the village’s amenities are located to the Eastern end of the village, which is why historically the settlement boundary was set to expand only to include the two proposed development sites Newt 04 and Newt 05 to the East of Exmouth Road, per officers’ recommendation.

The revised boundary, attached as a file to this motion, was presented at the subsequent SPC on 11^th December at which Councillor Burhop spoke in respect of the errors in the thoughts about expanding the settlement boundary to the West of Exmouth Road, namely that the lack of footpath provision makes expansion on the Western side of Exmouth Road inaccessible. This debate is covered in pages 6 & 7 of the minutes (minute 249). They record that “During discussions some members concurred that unless the footpath was installed the western side of the village would be unsafe and there was nothing to confirm at this stage that the footpath would happen. It was suggested that a condition could be imposed to ensure that no development could take place until there was a suitable footpath”.

However legal advice obtained at that meeting confirmed that no decision taken by a committee of the council could be moved within 6 months of the original decision unless the motion to amend is signed by 15 or more councillors. In other words errors identified in any council condition need 25% of the council to sign up to an amendment at full council in order to be corrected. Councillor Burhop resolved to draw up such a motion to propose a correction.

Subsequent to the meeting Councillor Burhop was told by the Chair of the Strategic Planning Committee that, as the plans had now been submitted for Regulation 19 consultation, then again they could not be amended until the consultation ended. Councillor Burhop requested that the proposed amendment be included in the agenda of the Strategic Planning Committee of 8^th July however the published agenda did not include this proposal.

In conclusion Councillor Burhop requested that the settlement boundary for Newton Poppleford submitted in the Regulation 19 Consutlation in the Draft Local Plan contained a material error and should now be amended per the proposed map, being officers’ original recommendation.

In seconding the motion on notice Councillor Paul Hayward supported the comments from Councillor Burhop.

Councillor Todd Olive, Chair of Strategic Planning Committee proposed an amendment to the motion to refer the matter back to the Strategic Planning Committee and the following wording was supported by the proposer and seconder to the motion on notice:  That the Council instructs the Strategic Planning Committee to revisit the decision taken in respect of the Newton Poppleford settlement boundary submitted in the Regulation 19 consultation at their meeting on 2 September 2025.

Having been put and seconded the motion on notice was put to the vote and carried by a majority show of hands.

RESOLVED:  That the Council instructs the Strategic Planning Committee to revisit the decision taken in respect of the Newton Poppleford settlement boundary submitted in the Regulation 19 consultation at their meeting on 2 September 2025.