Extra rules coming to guide a Devon council after controversial planning decision

Extra rules to better clarify how planning decisions should be made are set to be drafted by a Devon council following the controversial approval for a scheme of up to 130 homes.

Some people at East Devon District Council’s planning meeting in February were confused and angry when an outline scheme for up to 130 homes on land next to Harepath Road in Seaton was waived through.

The discontent was caused by the committee’s chair, Cllr Olly Davey (Green Party, Exmouth Town), seemingly switching his vote from refusal to approval after planning officers queried the strength of his reasons for potentially rejecting the proposal.

The council acknowledged it had put that decision – which led to the scheme being given the go-ahead – under review just days later, but has this week stated that the actions taken were legal.

But after questions were raised at the latest meeting (Tuesday 13 May) by vice-chair Cllr Matt Hall (Liberal Democrat, Exmouth Withycombe Raleigh), the council conceded clearer policies and procedures would be needed to help avoid a similar situation in the future.

Cllr Hall, who works as a planning officer for Exeter City Council, questioned whether due process had been followed.

“The chair was [initially] against the plans, so in essence the motion being voted on [to approve the scheme] failed, and so a new motion should have come back to allow the rest of the committee a chance to discuss the issues and options available,” he said.

“This is the process as I understand it from other planning authorities, and I know there can be variations in how councils approach things, but if this is not written down here, it needs to be as this incident does not do the council any favours in the view of the public”.

Melanie Wellman, director of governance and licensing at East Devon, said having assessed the decision and the debate leading up to it, the council was confident that “officers had acted in accordance with the law” and there were “no distinct or material defects in the advice given”.

She acknowledged that no specific procedures or rules are in place that could have helped avoid the situation, but it “has been recognised that we want to develop those” and officers are discussing how to create them.

“Where I wouldn’t agree, though, is the view about how the chair did cast his vote, as [looking at the footage] he said he was ‘minded’ to vote against it, then advice was given, and so his decision was made after planning officers had given their advice and the chair indicated his final decision,” she said

Cllr Davey said he would appreciate additional rules being created as he admitted the situation with the Seaton scheme “caught me on the hop”.

“But in view of the advice from the planning manager, I will confirm that my vote was in line with Cllr Ian Barlow’s proposal for approval, and I will remain with that view,” he said.

This means Baker Estates, the developer behind the scheme, will now be able to submit a full planning application, which will provide more specific details, including the exact number of homes, their individual locations and design.

However, such a scheme could still be refused planning permission if it does not accord with all the council’s planning policies.