Otter estuary consultation

Public consultation events are being held on the Lower Otter Restoration Project, which could see tidal flooding reintroduced to the Otter, allowing it to burst its banks.

It is hoped the plan would help prevent the flooding of homes and farmland, and create a better habitat for wildlife, while making sure access is preserved. …..

….. The project is being led by Mike Williams, who has been assigned by the Environment Agency to work with landowner Clinton Devon Estates.

http://www.exmouthjournal.co.uk/news/consultation_on_estuary_plan_1_3647793

The consultation events will be held at East Budleigh Village Hall on Tuesday, July 1, between 2pm and 7pm, and Lime Kiln car park in Budleigh Salterton on Saturday, July 5, between 10am and 2pm.

Trouble rumbles on in East Budleigh

In a post on this blog on 21 Feb it was mentioned that at the public hearing into the local plan the EDDC Planning Officer read out paragraph 1 of the NPPF to the Planning Inspector. This is all about encouraging communities to get involved in the planning process. The Planning Officer then went on to say that communities were the best judge of where developments should go.

As part of complying with the Local plan, due process of consultation had been followed in East Budleigh with regard to choosing one of three sites all of which had been identified by EDDC in consultation with land owners as suitable. The people overwhelmingly preferred a brown field site at the village entry to the South by a majority of 68.5% (site C307). However in the published plan, EDDC introduced a series of spurious arguments to reject this site despite it being previously deemed suitable, and chose instead site C059 a field of agricultural Grade 1 land below Syon House; on the “wrong” side of the main road, with a site entry at a known accident black spot; and a site with known flooding issues. This site had been favoured by only 29.7% of the community.

We can now, perhaps, begin to understand why EDDC did this.

Last week Leigh Rix, Head of Property and Land at Clinton Devon Estates (CDE), attended the annual parish meeting at East Budleigh and attempted to explain why the field below Syon House was the site CDE would now be putting forward. CDE offered all three of the suitable sites in the original consultation so do we surmise that the decision to reject the brownfield site and ignore local opinion lies at their door rather than EDDC’s?

By all accounts Leigh Rix failed to present a convincing case. The meeting was curtailed before all had spoken and there is a rising sense of anger in the community that the consultation process has been a sham.

Why should CDE prefer to sacrifice grade 1 agricultural land in an AONB before a brownfield site? Why should EDDC planners go along with this bearing in mind what the NPPF says?
NPPF paragraph 111 says “planning policies and decisions should encourage the effective use of land by reusing land that has been previously developed (brownfield land).”

NPPF paragraph 112 says “Local planning authorities should take into account the economic and other benefits of the best and most versatile agricultural land. Where significant development of agricultural land is demonstrated to be necessary, local planning authorities should seek to use areas of poor quality land in preference to that of higher quality”

It is also instructive to look at CDE website to get a measure of their mission statement. It reads:

Doing our part for our part of the world. Clinton Devon Estates is a 21st century rural estate and property business. Responsible stewardship and sustainable development are at the heart of everything we do. Our mission is: “to secure the long term prosperity of the Estates and the people who live and work on them in ways which care for the countryside and engage with the wider community”

Ostensibly this application is for 15 houses but we fear that in order to satisfy the Inspector villages such as East Budleigh will have to take many more houses than this.

So does site C059 offer more opportunities for expansion?

Also, is CDE grabbing the opportunity that the current relaxed planning regime offers to gain planning permission for grade 1 agricultural land knowing it can always get a second bite at the cherry by offering a brownfield site at a later stage?

Former EDDC Tory deputy leader speaks of “ill-thought out and undemocratic move” of EDDC council!

OLYMPUS DIGITAL CAMERA

It is not often that common-sense prevails at EDDC so we should celebrate it when it does. Last week EDDC withdrew their planning application for all year round siting of beach huts on Budleigh beach. This may seem a rather parochial matter and had the cabinet listened to ward councillors and common-sense prevailed from the start, EDDC would not have suffered a series of damaging blows to its reputation for competence and there would be no story to tell. But it didn’t and there is plenty to tell.

Ever since beach huts replaced bathing machines in Budleigh they have been overwintered in storage to preserve them from the elements. Last year, however, following a cabinet decision, EDDC wrote to beach hut owners saying they could leave them in place all year round. The claim was that ten hut owners had made a request to do so but, since owners weren’t consulted (see below), many think it was just an excuse to hike up the annual rent by around 50%, netting a mere £20K.

The Town Council, aware of the winter storms that have periodically scoured the beach under the beach hut sites, opposed the idea. The really bad storms of 1950, 1970, 1972, 1974, 1982, 1989, 1990, 1991 and 2000 are well recorded in photos, videos and newspaper cuttings from the Journal and have passed into local folklore. The question of planning permission was also raised. Council members recalled that EDDC had required a fisherman to make a full planning application to replace his fishing hut but was apparently giving a free pass to bathing hut owners.

Natural England pointed out that since the site was an SSSI, EDDC could not claim permitted delegated authority to allow the change and planning permission or permissions would be needed.

For over a year EDDC allowed this “planning anomaly” to run, leases to be issued, and the beach huts to stand until six weeks ago when a planning application was submitted for all year siting for 61 EDDC and 94 privately owned huts.

EDDC commissioned a flood risk assessment from consultants which contained the following disclaimer:

This report gives estimates of likely flood depth, but does not attempt to quantify risk from waves or storm surges. Flooding from the sea is analysed solely on modelled extreme water levels which are assumed as calm.”

However, the assessment concluded that the permanent retention of beach huts was acceptable.

WHAT NO WAVES OR STORMS ON A BEACH!!!!!

This flood risk assessment was dated January. In the first week of February the waves from a combination of spring tides, a deep depression and SSE gale force winds overturned and smashed many of the huts at the western bathing station. A small turn of the compass and the gabions underlying the eastern bathing station would have been ripped open as they last were in the storms of both 1989 and 1990.

Despite this, EDDC continued preparing the planning application which it submitted at the end of March (including specifying a maximum size of beach hut smaller than those redeployed from Exmouth a few years ago!).

The Environment Agency (EA) made its formal comment with the benefit of hindsight in May:

“It is clear that to site beach huts permanently on the beach will significantly increase the likelihood that they will be damaged in winter storms. Given that; a) sea levels are rising and are predicted to rise at an increasing rate; b) that such storms are predicted to increase both in terms of wind speed and wave height (NPPF, Table 5) we recommend that this proposal be refused on the grounds that is not safe, sustainable and puts people and property increasingly and unnecessarily at risk.”

No doubt the EA don’t want to pick up the bill for more irresponsible EDDC decisions, see the article posted here on May 23 entitled: “Environment Agency picks up the tab for EDDC blunder”.

The views of the majority of beach hut owners, especially the local ones, are summed up by the following letter of objection by Ray and Judith Franklin, published on the planning web site:

“……We were dismayed that there was no consultation whatsoever regarding this move. We now understand that a planning application is needed. Surely this will result in additional costs to the council tax payers?

The rent has increased by £242.40 per annum (excl VAT) but we have enjoyed no additional benefit. In fact, ourselves and several of our neighbours were unable to gain access to the huts due to swelling of the timbers and rusting of the locks. Some of our neighbours forced open the doors but then found they were unable to close them. We appreciate that it was a particularly wet winter but these problems would happen during any winter.

………..Speaking with other beach hut owners and renters we have found only one or two who are in support of this ill-thought out and undemocratic move.”

Could this be Ray Franklin one time deputy leader to Sarah Randall Johnson? If so, then we can all think of many more examples of ill-thought out and undemocratic decisions made by him and cabinet members against the wishes of the people of East Devon.  Case of the pot and the kettle?

We will file this as an example of an omnishambles.

East Devon Literature: from Exmouth to Axmouth

Although not an East Devon Alliance event, many members attended Michael Temple’s fascinating evening on the literature of our district last Friday in Ottery St Mary.

Many great writers have been inspired by our area: Coleridge, Conan Doyle, Defoe, Tennyson, C Day Lewis, Wells, Raleigh and Patricia Beer. In an hour and a half of readings, we heard from all of them, and from living local authors too.

Beautifully narrated by Michael, this ninety minute feast reminded us that our part of the world – from Exmouth to Axmouth – has as distinct an identity and a place in literature as any other part of the country.

Thanks were given to all who helped, including local libraries, bookshops and newspapers. Prizes were generously funded by the Sidmouth/ Ottery Herald. The prizewinners were warmly applauded. They were Philip Smith, for  Beer Beach in January: ; and budding author Libby Dean (aged 12), for A Scene from Sidmouth Folk Festival .

(Please note that contrary to an earlier report,Harry Guest did not win a prize in the writing competition – his excellent poem, the Boyhood of Raleigh,pointing to things today which would be unfamiliar to a child of that time, was published back in 1997).

Organiser Michael Temple has added: “I should like to warmly thanks all the readers and living authors who read the extracts and poems so well. (I was the link-man.)”

Environment Agency picks up the tab for EDDC blunder

 

Granary small

Our EDA Environmental Editor reports that a couple of months ago the Environment Agency (EA) put the finishing touches to a £85K flood alleviation scheme by the entrance to Budleigh Salterton cricket field in Granary lane. This is not to protect the cricket field but the handful of houses that have been built in recent years in an area that habitually floods.

It is very welcome news to the residents who have been flooded out four times in in the last couple of years. They had feared they were too few in number to reach the top of EA’s priority list, especially since the coalition cut real expenditure on flood defences. Their urgent needs for protection were also in danger of being deferred as part of longer term studies in how to restore fully functioning tidal flow to the lower reaches of Otter Estuary.

So this is good news, and as an added bonus, the scheme fits unobtrusively into the landscape. Congratulations all round!

However, this £85K expenditure (it’s your money and mine) was entirely avoidable and is the consequence of irresponsible historic planning decisions. Could EDDC make the same mistake again?

Budleigh and Ladram Bay on Environment Agency blacklist

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Last weekend’s Sunday Times article (16 March 2014, p. 19) lists two East Devon bathing beaches amongst 45 in the UK at risk of permanent closure because of sewage contamination. They could be “stripped of their designation as bathing waters from 2015. Visitors would be warned by prominent signs that the water was unsafe to bathe in”, the Environment Agency’s head of bathing waters, Christine Tuckett, told the newspaper.
“About a third of the pollution comes from agriculture, a third from point sources like sewage works and the rest is down to random factors like misconnected drains,” said Tuckett.

So what could the pollution sources be at Budleigh Salterton and Ladram Bay? Here’s a look, first, at Ladram Bay, where the expanding caravan site would be hard hit if its customers couldn’t swim from the lovely beach it leads to.
P1030032P1030038P1030048

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We’ll ask local residents about the Budleigh pollution problem, for a follow-up post.

The EDDC Village Development Plan.

Some of the issues are summarised here by an East Devon Alliance correspondent, reporting on concerns at Budleigh Salterton and Newton Poppleford.

‘COMMUNITIES ARE THE BEST JUDGE OF WHERE DEVELOPMENT SHOULD GO

Recording one of the early days during the public hearing on the local plan, Cllr Claire Wright wrote:

“The usually unflappable EDDC planning policy officer got irritated at this and read out paragraph 1 of the national planning policy framework, which was all about encouraging communities to get involved in the planning process.

He said that communities were the best judge of where development should go.”

In East Budleigh due process of consultation has been followed with regard to three sites all of which had been identified by EDDC as suitable. The people overwhelmingly preferred a brown field site at the village entry to the South by a majority of 68.5%. In the plan, EDDC have introduced a series of spurious arguments to reject this site despite it being previously deemed suitable, and chosen a site favoured by only 29.7% with an entry at a known accident black spot.

Formal comments on the village development plan do not seem to be readily available on EDDC’s web site so the input from the Otter Valley Association has been circulated widely within the village by angry residents.

Steve Baker, the Chairman of the Parish Council, which conducted the consultation is quoted in yesterday’s Journal (20 Feb) as saying “we are reasonably happy with [the Syon House site] from all the bits of land around….I think we have got away with it pretty lightly when you consider Feniton and all the rest of it.”

In Newton Poppleford the Parish Council quite brazenly put forward the unpopular King Alfred’s Way site admitting the decision to choose this site was made behind closed doors. As we all know this turned out to be the EDDC preferred site but not that of the local community.

The end result of both processes cannot be said to confirm the notion put to the Planning Inspector that in EDDC communities are the best judge of where development should go. They have either not been consulted or where they have, they have been ignored.’

OVA FORMAL COMMENT ON THE EAST BUDLEIGH PROPOSAL

Reference Point r12.93

Policy 20 Residential Land Development in East Budleigh.

This representation is made by the Otter Valley Association (OVA). The OVA’s purpose is to promote and conserve the history, geography, architecture and natural history of this area of Devon and is a member of the East Devon Area of Outstanding Natural Beauty Partnership. The OVA is deeply aware that any development in East Budleigh must “conserve and enhance” the area. The choice of sites to be included in the Strategic Housing Land Availability Assessment (SHLAA) must conform to this policy.

The OVA cannot support the “Proposed Allocation Justification” (PAJ) set out in policy 20 of the draft East Devon Villages Plan which has been submitted for consultation.

The PAJ identifies site C059 as the preferred site for the development of 15 dwellings.

In November 2012 in accordance with a statutory requirement East Devon District Council (EDDC) invited the residents of East Budleigh to consider through a consultation process the sites put forward as available for development.

Due process took place and the views of the residents were expressed and are set out in the Village Consultation and Engagement Report 2013. However their views have been ignored.

The proposed site C059 was the least popular option. Only 29.5% of the residents completing the questionnaire prepared by the East Budleigh Parish Council identified this site and then only as “a last resort”.

See Village Consultation Report – C059. “was not favoured by members of the public who completed the questionnaire; 29.5% in favour. It was the last resort if we must attitude. It was felt that if development was here then it would be cut off from the village by the main road which is very busy and difficult to cross.”

East Budleigh is in an area of outstanding natural beauty and is enjoyed as an historic village visited by many tourists and any development must be undertaken with great care.

The OVA cannot understand how this site was included in the assessment as the Draft East Devon Villages Plan recognises that “the site is particularly sensitive due to its location in the AONB”

The site C059 is grade 1 agricultural land and before considering development of such land the planners must take into account the National Planning Policy Framework (NPPF) guidelines paragraphs 111 and 112.

NPPF paragraph 111 says “planning policies and decisions should encourage the effective use of land by reusing land that has been previously developed (brownfield land).”

NPPF paragraph 112 says “Local planning authorities should take into account the economic and other benefits of the best and most versatile agricultural land. Where significant development of agricultural land is demonstrated to be necessary, local planning authorities should seek to use areas of poor quality land in preference to that of higher quality”

Site C059 is on the gradient and on the edge of a floodplain. Building will increase the risk of flooding into the row of cottages below the site. Frogmore Road has experienced frequent flooding. Question 15 of the Sustainability Appraisal Objective was not answered on this topic which given the recent history of flooding in the area was a major omission.

The site is 50m. from a substantial Georgian house (now an hotel). If EDDC had a local heritage asset list this house would surely be included in it. A housing development in close proximity to this property will impact on its character.

OVA is concerned that an access road to 15 houses should exit from the site straight onto the B3178 and very near the crossroads at the Rolle Arms. This stretch of the B3178 has had three road accidents in the recent past. The OVA is astonished that it is deemed acceptable for children to cross this very busy road to access the Village Centre, the shop and the school.

There is an alternative site which meets the NPPF paragraph 111 criteria and other requirements. This is site C307.

The draft plan has ignored the wishes of the residents of East Budleigh whose preferred site is C307. This site was favoured by all who attended the meeting and 68.5% of those who completed the Parish Council questionnaire. It is a brownfield site including an industrial unit at the edge of the village. A new development on this site would have the least adverse impact on the village and surrounding countryside. It is within the recommended 600 metre distance from the centre of the village. One of the main attributes of East Budleigh is that is not bisected by a major road. The development of this site would contain the expansion of the village to the west of the B3178 and therefore will not impact on the exceptional landscape of the Otter Valley to the east of this road. With the construction of a pavement (which may have a calming effect on the traffic) residents of the new development would not have to cross the busy B3178 to reach the facilities in the village.

In the view of the OVA site C307 is the more acceptable site to meet the housing requirements demanded by the SHLAA.

Finally, the most important point the OVA wishes to emphasise is that the Draft Plan has disregarded the democratic process and ignored the views of the people of East Budleigh who did not vote in favour of site C059.

What price flood insurance for the now approved Longboat cafe?

Some clues might be found in the following extract from a letter, dated 25 September 2009, to Mr John Wardle of the Devon Area Office of the Environment Agency. It was sent by Budleigh Salterton resident, David Daniel, and is headed ‘Data relevant to Flooding from the Sea – Budleigh Salterton’,and mentions that damage had occurred 7 times between 1970 & 2000.

‘Dear Mr Wardle
Thank you for letting me come over to meet you on Tuesday , to discuss flooding from the sea at Budleigh Salterton.
I have been collating the evidence of severely damaging storms and storm surges from records kept in the local Museum. These are mainly eyewitness accounts, newspaper cuttings and photographs. These are not a complete record of all storms only those of sufficient severity as to warrant special mention. From empirical evidence (which PPS25 seems to suggest should always be used where available), the part of the beach worst affected by storm driven flooding from the sea is the eastern section of approx 1.2 km, from the Longboat to the Otter Head, of the 4.5 km beach. I am of the opinion that the section of the beach subject to flood damage and the extent of this damage is not easily subject to predictive calculation. This is because it is a three dimensional hydrodynamic effect caused by wind, waves and the angle they hit the beach, but perhaps your experts can correct me.

From this I believe there were at least eight storms between 1951 and 2000 of sufficient severity to flood this section of the beach. Namely: mid 50’s; 1970 (Feb); 1974 (Jan or Feb); 1982; 1989 (16 Dec); 1990 (2 Feb); 1991(end March); and 2000 (Oct). (Approximately one every six years although in practice they are far from evenly spaced). The effects of global warming are predicted to increase the frequency and severity of these storm surges. This represents an annual flood risk of 16% which seems to me to be thirty times greater than the “high risk” threshold used as guidelines in PPS 25 for flooding from the sea. We seem to be in uncharted “exceptional risk” territory.

Budleigh Salterton beach is described as “naturally protected” by the pebbles washed out from the “Bunter Beds” and thrown onto an underlying sandy substructure. But this protection is dynamic. Living memory from my family relates that on occasion some severe storms scour the pebbles off the beach and then years later another storm will throw them back. This has meant in the past the temporary loss of paths and a threat to the protection of the Otter Estuary. So, following the 1970 storm, protective gabions were installed in 1972. Their height had to be increased in 1974. And they were extensively repaired again by EDDC in 1990 following the 1989 storm in which 150m of gabions were torn open directly in front of the Longboat House. These repairs were incomplete when further damage was sustained in February 1990.

The purpose of gabions is to contain erosion, although as you can see from the evidence, they are not invulnerable to the extraordinary power of the sea. They are not impervious and they do not stop water coming through them or over the top.

I enclose a selection of photographs to indicate the extent of erosion storms of this severity cause and strewn pebble “witness” of how high the water has carried them.

Yours sincerely,
David Daniel

Gabions installation, 1972
gabions installation 1972
Storm 1974
Storm 1974
Storm Dec 1989
Storm dec 1989 1

The above letter will make uncomfortable reading for the owner of the Longboathouse cafe, as will reports in the national media of higher insurance premiums for properties, including small businesses, at risk of flooding.

The Inspector’s report and decision on the Longboathouse cafe appeal was announced today. Details here:
LB Appeal

Comments on the SIN blog at this link: http://sidmouthindependentnews.wordpress.com/2014/02/18/longboat-cafe-update/

Budleigh Longboathouse Judicial Review decision

21 DECEMBER 2013 Press release on Judicial Review outcome

The Budleigh Longboat Association and its many friends are surprised and disappointed that in a written judgement issued today, Judge Birtles, did not find sufficient merit in its claim to quash the Longboat planning consent of 2012. Judges do have considerable discretion and the case has to be exceptionally strong to succeed.

Although all who supported the appeal are disappointed, the decision is accepted.

The challenge was made because this was a controversial planning decision to build a two-storey contemporary café on an important site on the Jurassic Coast World Heritage Site. Importantly, it was the first planning application in what is supposed to be one of the most highly protected sites of outstanding natural beauty in England.

The plan, which also involved the demolition of the last known example of an Admiralty Longboat House, attracted widespread local opposition. In a poll conducted by the Town Council, three out of four voted to keep the historic building and even more were opposed to a two-storey development. No less than 36 per cent of residents voted, compared to 33 per cent in local elections.

This development was also opposed by the World Heritage Coast Management Team and Natural England who raised further objections relating to the vulnerability of such a large structure on the beach to storm surges.

We believe it was important and responsible to make this challenge as two other similar applications had been rejected by the planning committee, one a few months before and another quite recently. We felt that members of the planning committee had been misled by the Planning Officers’ report.

When considering planning matters, the East Devon District Council (EDDC) is supposed to act, and to be seen to act, in a quasi-judicial and fair way. By pursuing this action we have made the point that the EDDC faces the real risk of legal challenge from objectors whenever they attempt to push procedural boundaries to support their recommendation.

There are already signs that, as a result, EDDC is now paying more attention to the correctness of their procedure. For example, they are bringing important consultee comments, from groups such as Natural England, to the committee however late in the process they arrive, rather than ignoring them; and they are making full audio recordings of proceedings so that there can be no doubt about what was said.

So far the Longboat applicant has refused to work with the community to find a solution which is sympathetic to the history of the existing building and natural beauty of this World Heritage Site. We recognise that to remain economic the Longboat House needs refurbishment and remodelling.

It is still not too late to find a solution that enhances rather than dominates the heritage landscape; most importantly, the solution should be one which commands local support without which local businesses cannot flourish.

The legal challenge was issued in the name of David Daniel and he would like to thank all those in the Budleigh Longboat Association who have supported him over the past six years. All concerned greatly appreciate the specialist professional support received in recent months from the newly-formed East Devon Alliance and from local councillors.

Public consultation on EDDC’s draft Villages Development Plan ..now in progress.

Deadline for comments is 12 noon on Monday 10 March 2014.

Details below, in e-mail circulated by EDDC’s Planning Policy Manager:

Dear Sir or Madam
Consultation on the Draft Villages Development Plan Document (DPD)
East Devon District Council has produced a Draft Villages Development Plan Document (DPD) for consultation. This plan sets out Council proposals for where development in East Devon villages and smaller settlements (as identified in Strategy 27 of the New East Devon Local Plan 2006-26) is proposed. The DPD complements the main Local Plan and sets out policies and boundaries for developments at those settlements proposed for housing growth. It also includes some local village policies.
Views are sought of the public, community groups and organisations, businesses and any other interested bodies or individuals on proposed sites and policies for development at East Devon villages and at Greendale and Hill Barton business parks. The Draft Villages DPD and Representation Form will be available to view at the Council Offices, libraries around the District and online at www.eastdevon.gov.uk/villagedpd.
Representations can be made by filling out and returning a representation form or writing to Villages DPD, Planning Policy, East Devon District Council, Knowle,Station Road, Sidmouth, Devon, EX10 8HL, emailing localplan@eastdevon.gov.uk, or by clicking on RefPoints in an electronic version of the plan (you must be connected to the internet to do this). Please see the Villages DPD and Guidance Note at the end of the Representation Form for further details.
The closing date for receipt of representations is 12 Noon on Monday 10 March 2014. Please note that representations received after this time/date may not be taken into account. The intention is that feedback received will inform a revised draft of the plan that will be produced later this year.
Yours faithfully
Matthew Dickins