Agenda and draft minutes

Venue: Knowle, Sidmouth

Contact: Hannah Whitfield  Email: hwhitfield@eastdevon.gov.uk

Items
No. Item

22.

Public Speaking

Minutes:

The Chairman welcomed everyone present to the meeting.

 

The Executive Committee had received two questions on notice. The Chairman invited the first speaker to read out their submitted question (the speaker paraphrased the question at the meeting but is printed in full below).

 

Question received with notice – Jane Evans

‘Please can the South East Devon Habitat Regulations Executive Committee demonstrate how the Public Consultation being conducted by the Exe Estuary Management Partnership (EEMP) on behalf of the South East Devon Habitat Regulations Executive Committee and Partnership (SEDHRP) has met the standard for a public consultation given the following information:

 

a)         The consultation event on 8 December 2016 is claimed to have been public. However the general public were not informed that it was taking place. It appears to have only been notified to people who are on the EEMP mailing list. This list is not a representative cross section of the general public or of the people who are likely to be affected by the proposed exclusion zones.

 

b)         No information on the proposed exclusion zones or project proposal was added to the EEMP website for months, despite it being claimed that the consultation was being undertaken. It was only after requests from Jane Evans to EEMP on 1 March 2017, 3 March and again on 7 March that any information was added to the EEMP website. This resulted in draft maps being added on 9 March, the project proposal on 10 March and supporting documents on 14 March. The minutes of the EEMP consultation event of 8 December 2016 were added to the EEMP website on 14 March. At the time this information was posted there were two weeks before the consultation was due to close.

 

c)         No press releases have been made by East Devon District Council, Exeter City Council or Teignbridge District Council advising that the Public Consultation has been taking place.

The press have not been informed about the public consultation so there have been no articles in the local newspapers.

 

d)         It was advised that the advertising for the public consultation event was made by social media. However no advertising for the public consultation has been located on any of the three councils' twitter accounts. Eventually a tweet was added to EEMP twitter account on 16 March.

 

e)         There is no poster at the edge of the proposed exclusion zone in Cockwood so users of the Cockwood foreshore have not been notified of the proposals.

 

f)         Some water sports associations, clubs and retailers that are listed on page 93 of the Exe Estuary Recreational Framework 2014 have still not been notified of the Public Consultation by EEMP.

 

 

g)         The format of the public consultation is informal meetings with the Exe Estuary Officer. Attendees are advised that comments will be taken to the SEDHRP. The Exe Estuary Officer does not have a minute taker for the meetings. There has not been a circulation of the notes taken by the Exe Estuary Officer made following the  ...  view the full minutes text for item 22.

23.

Declarations of Interest

Minutes:

There were none.

24.

Matters of Urgency

Minutes:

There were none.

25.

Exclusion of the public

Minutes:

RESOLVED:

that the classification given to the documents submitted to the Executive Committee be confirmed; there were two items which officers recommended should be dealt with in Part B.

26.

Rebasing the South East Devon European Site pdf icon PDF 289 KB

The report updates the Executive Committee on work undertaken to rebase the South-East Devon European Site Mitigation Strategy and highlights significant deviations from the original assumptions.

Minutes:

The Executive Committee considered the Habitat Regulations Delivery Manager’s report updating Members on the work undertaken to rebase the South East Devon European Site Mitigation Strategy and detailing the initial findings from this work and the significant variants that had been revealed. Members noted that further work was required to refine the analysis undertaken to date and that a report would be presented at the next Executive Committee providing greater detail and proposing a strategic way forward.

 

RESOLVED:

1.         that the work that has been undertaken to rebase the South-East Devon European Site Mitigation Strategy be noted and that the significant deviations from the original assumptions that have been revealed be acknowledged.

 

2.         that a further paper setting out the final assessment and proposed strategic way forward be presented at the next Executive Committee meeting.

27.

Financial Report pdf icon PDF 503 KB

The report seeks to update members of the Executive Committee on the overall financial position.

 

Minutes:

The Executive Committee considered the Habitat Regulations Delivery Manager’s report updating Members on the overall financial position of developer contributions received by all three local authorities as mitigation payments toward measures identified in the South East Devon European Site Mitigation Strategy. The report set out details of the contributions received from inception until the end of the second and third quarters of the 2016 financial year and also included anticipated income from contributions where planning permission had been granted, however the mitigation payment had not yet been paid.

 

Cllr Rachel Sutton expressed concern about the pressure being placed on resources at the three Councils to produce quarterly financial reports and queried whether it would be sufficient to produce six monthly reports be produced in future. Officers raised no concern with this approach.

 

RESOLVED:

1.           that the quarterly update on the overall financial position including contributions received, contributions not received because arrangements may be in place for contributions to be with-held, expenditure and anticipated contributions (from signed S106) be noted.

 

2.           that the Executive Committee receive six monthly updates on the overall financial position in future, instead of quarterly updates.

 

3.           that an update on 5 year income forecasts of developer contribution receipts be presented at the HREC meeting in June 2017. This will clearly identify where these have been retained by the collecting authority where any agreement is in place for contributions to be with-held.

28.

2016 Annual business plan – progress report pdf icon PDF 460 KB

The Habitat Regulations Delivery Manager provides a progress update on delivery of the 2016 Annual Business Plan.

 

Additional documents:

Minutes:

The Habitat Regulations Delivery Manager presented the report setting out the mitigation measures put forward in the 2016 Annual Business Plan and outlining progress made towards delivery of the measures outlined in the committee report during the period 12 August 2016 to 17 February 2017.

 

In response to a question regarding the patrol boat, the Habitat Regulations Delivery Manager advised that finding a boat that met the required specification and was within the budget had proved challenging, however he was satisfied that a solution had now been found.

 

RESOLVED:

1.         that the progress made towards delivering the 2016 Annual Business Plan be noted.

 

2.         that the expenditure of £1500 from Patrol Boat revenue budget towards purchase of small inflatable boat and outboard motor be approved.

 

3.         that an Annual Review on the implementation of the 2016 Annual Business Plan be presented at the Executive Committee meeting (June 2017).

 

4.         that recommendations for the 2017 Annual Business Plan be presented at the next Executive Committee meeting (June 2017).

29.

Dawlish SANGS Marketing Strategy pdf icon PDF 339 KB

The Habitat Regulations Delivery Manager provides a report to seek the Executive Committee’s approval of the Dawlish CountrysidePark Marketing Strategy and marketing budget.

Additional documents:

Minutes:

The Executive Committee considered the Habitat Regulations Delivery Manager’s report outlining the proposed Marketing Strategy for the Dawlish Countryside Park and marketing budget which Members were asked to agree. Members were advised that in order to be effective, all SANGS needed to be actively promoted to ensure key users were aware of the location and layout of the site and that there was a risk that if key users groups were not targeted the effective use of the site as mitigation would be compromised.

 

The Executive Committee members spoke of the importance of promoting the site successfully so that people understood its benefits. The Habitat Regulations Delivery Manager advised that the marketing strategy would be reviewed in the second year to ensure its continued effectiveness.

 

RESOLVED:

1.         that the Dawlish Countryside Park Marketing Strategy be approved.

 

2.         that the Dawlish Countryside Park Marketing Budget (Appendix A to the committee report) of £38,958 for the first 3 years be approved.

30.

Exclusion of the public

“that under Section 100(A) (4) of the Local Government Act 1972 the public (including the press) be excluded from the meeting as exempt information, of the description set out on the agenda, is likely to be disclosed and on balance the public interest is in discussing this item in private session (Part B)”.

 

Minutes:

RESOLVED: that under Section 100(A) (4) of the Local Government Act 1972 the public (including the press) be excluded from the meeting as exempt information, of the description set out on the agenda, is likely to be disclosed and on balance the public interest is in discussing this item in private session (Part B).

 

31.

Suitable Alternative Natural Green Space (SANGS) Strengths, Weaknesses, Opportunities and Threats (SWOT) – Analysis of options

Habitat Regulations Delivery Manager

Minutes:

The Executive Committee considered the Habitat Regulations Delivery Manager setting out strengths, weaknesses, opportunities and threats (SWOT) analysis of the potential strategic SANGS sites currently under investigation across the three partner authorities and making recommendations on preferred options for delivery based on the analysis.

 

Natural England confirmed that the SANGS options as proposed would be delivering the Mitigation Strategy.

 

RESOLVED:

1.           that the South West Exeter SANGS site be agreed as the preferred option for the delivery of SANGS in Strategy Zone B (as shown in Appendix A of the confidential committee report)

 

2.           that an appraisal of future SANGS capacity and likely delivery costs of works be undertaken (including in Exeter’s Valley Parks), where practicable in association with potential SANGs providers. This appraisal to inform the development of the Greater Exeter Strategic Plan (GESP) and any future iteration of the South East Devon European Site Mitigation Strategy (SEDESMS), with appraisal costs being borne from partnership GESP funds.

 

3.           that officers commence consideration of options for offering SANGS mitigation capacity to developers who are unable to provide on-site SANGS, with further reports to be addressed through the GESP process.

32.

Suitable Alternative Natural Green Space (SANGS) – Proposal in SANGS Zone B

Habitat Regulations Delivery Manager

Minutes:

The Principal Growth Point Officer presented a report setting out the proposed acquisition, instatement and management arrangements for the preferred site in SANGS Zone B. The site would play a key role in mitigating the impacts of development within the Partnership’s three local authority areas. Members noted that the report outlined expectations of Teignbridge District Council, however formal approval from Teignbridge District Council was required.

 

RESOLVED:

1.           that Teignbridge District Council undertake the following actions for the purposes of providing SANGS:

 

a) Acquisition of the land within the approximate area identified at Appendix A (on page 85) of the confidential committee report.

b) Procurement of a contract or direct works to the land in order for the SANGS to be provided in broad accordance with the site masterplan at Appendix B (on page 86) in the confidential committee report.

c) Procurement of a contract or direct works that ensure ongoing management and maintenance (but not ownership transfer) of the SANGS.

 

2.           that the proportionate (to be agreed, subject to ongoing work to rebase the mitigation strategy) payment, as outlined in the confidential committee report, be paid to Teignbridge District Council as a contribution towards the SANGS, as soon as funds for SANGS become available, and upon confirmation of the final land transaction costs.

 

3.           that Teignbridge District Council be requested to provide detailed reports on purchase, delivery and management/ maintenance arrangements regarding the South West Exeter SANGS.