Yesterday’s Strategic Planning Committee which considered the responses to the working draft of the Local Plan 2020-2040, drawn up after a first round of consultation, lasted for over 6 hours.
This is just a snippet from the early part of the meeting that caught Owl’s attention.
Unlike under the Old Guard, the New Guard is trying to make the compilation of the Local Plan more transparent and open to public consultation, a difficult task given the contentious nature of Local Planning.
In previous rounds the process had been cloaked in secrecy. The last plan was driven by the Old Guard’s choice of adopting a high growth jobs-led “policy-on” scenario. This time the New Guard has to respond to housing figures dictated from Whitehall.
The process starts with a call for sites from landowners to establish what land is potentially available. This appraisal of the amount of land available for housing and economic use is called a Housing and Economic Land Availability Assessment (HELAA), and the potential sites are referred to throughout the meeting as HELAA sites. These sites are given scores for suitability and not all will enter the final plan.
For the 2020-2040 Plan EDDC has used sites that were put forward for the Greater Exeter Strategic Plan (GESP) in 2017, which EDDC has now withdrawn from, and from a new appeal for sites earlier this year.
At the point of the meeting (36.31) when each committee member made the usual declaration of interest. Councillor Skinner declared that he had a piece of land in Talaton that was in the “process” and also a longstanding interest with F W Carter and Sons.
Questions from councillors started after a presentation on the Draft Plan at around 57min. At this point Councillor Skinner asked for clarification on the status of sites “found”. He received an answer from Ed Freeman that all those sites identified as appropriate and acceptable for development from both the 2017 and 2021 HELAAs still left a shortfall of 900 houses.
At this point Councillor Paul Arnott intervened on a point of order asking the Chair for confirmation that Councillor Skinner had declared a land interest. Through the Chair, Councillor Skinner replied that he had declared ownership of a site that was in the HELAA process. Councillor Arnott then raised the point that such an interest was a pecuniary one and not personal and therefore presented possible difficulties in subsequent debate.
The Chairman pointed out that declarations were up to individual Councillors and that the advice of Mrs Shaw (Legal Officer) could always be taken. Councillor Skinner immediately agreed to take the advice of Mrs Shaw.
Her advice was that a registered interest in land would amount to a disclosable pecuniary interest in this case. She read out various sections of the constitution, and pointed out that Councillors with pecuniary interests, and without any dispensation from either the Monitoring Officer or Standards Committee, should declare, withdraw from debate and leave the chamber. She also said that as this particular debate was wide ranging, Councillor Skinner would need to consider at what point it would be appropriate for him to “step away” from this debate.
Councillor Skinner decided that he would step away immediately and take further advice from the Monitoring Officer on this matter.
Owl copies below the relevant section from the rules governing members conduct:
19.4 Disclosable Pecuniary Interest
Unless a dispensation has been granted, a member shall not participate in any discussion of, or vote on, any matter in which they have a Disclosable Pecuniary Interest and having first declared to the meeting the existence and nature of that interest shall withdraw from the room where the meeting is being held at the commencement of the consideration of that business, or (if later) the time at which the interest becomes apparent.
Where the Disclosable Pecuniary Interest is sensitive (as defined on the Member Code of Conduct of the respective Councils) the member need not disclose the nature of that interest but must still state there is a Disclosable Pecuniary Interest and otherwise follow the requirements of the previous paragraph.


