Agenda and draft minutes

Venue: Rennes Room, Civic Centre, Paris Street, Exeter. View directions

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

Items
No. Item

8.

Public Speaking

Minutes:

The Chairman, Cllr Daniel Gottschalk, welcomed everyone present to the meeting.

 

The Executive Committee had received four questions on notice. The Chairman invited the first speaker to read out their submitted question.

 

Question one received on notice - Rex Frost

‘Has the Executive consulted in detail with the Port of Exeter Harbour Authority regarding their attitude to this proposal?’

 

The Chairman invited the Habitat Regulations Delivery Manager to respond to the question. In response, the Delivery Manager advised that he worked closely with the Waterways Team Manager from Exeter City Council and that he sat on the Habitat Regulations Officer Working Group. As such, they have been involved in decisions about the Wildlife Refuge proposals since their inception and accompanied the Executive Committee on their boat visit to view the areas from the water.

 

Under the Executive Committee’s terms of reference in respect of questions submitted in advance, the questioner had the right to ask a supplementary question relevant to the original question printed above. In response to the supplementary question asked, the Habitat Regulations Delivery Manager advised that he had met with the Service Lead to discuss this.

 

Question two received on notice - Peter Hardy, Exe Power Boat and Ski Club. Member of the Port User Group

‘The zoning of the Exe Estuary is entirely based upon a study - called the Exe Disturbance Study - that has been completely dismissed as inaccurate and flawed. The report to this committee said, “The study is key because it establishes reasonable scientific argument that activities on and around the Exe are causing disturbance to protected species”.

 

This seems contrary to the long and detailed studies conducted by the leading figure in estuary bird disturbance research - Professor John Goss-Custard of Bournemouth University - whose work in this field has not been mentioned in this report. In order to make the correct decision on this important subject, the committee should be made aware of all the facts both for and against the Voluntary Exclusion Zones.

Why is this important evidence on disturbance not included with this report today?’

 

The Chairman invited the Habitat Regulations Delivery Manager to respond to the question. In response, the Delivery Manager advised that the critique of the Exe Disturbance Study by Professor Goss-Custard was referenced in Section 2 of the report. This section of the report went into considerable detail to explain why the current approach had been chosen and pointed out that the critique had been considered and rejected by Natural England and the partner authorities.

 

The critique failed to address a number of important considerations, including the precautionary principle which ensured protection where there was doubt. The Exe Disturbance Study was carried out by leaders in the field of bird disturbance monitoring, was robust and based on direct observation of the distribution and behaviour of birds on the Exe.

 

This was why, nationally, there were other studies and strategies, from the Humber to the Solent, from North Kent to Poole Harbour, which shared this  ...  view the full minutes text for item 8.

9.

Declarations of Interest

Minutes:

No declarations of interest were made.

10.

Matters of Urgency

Minutes:

With the agreement of the Chairman, there was one matter of urgency presented to the Executive Committee for consideration. The matter related to the management of car parking at Dawlish Warren to ensure improved visitor management and reduced visitor pressure on the Special Area of Conservation.

 

The Executive Committee considered the Delivery Manager’s report outlining the current parking arrangements at Dawlish Warren and recommending that new arrangements be implemented by Teignbridge District Council (who owned the car park), to encourage visitors to the area to use alternative green space, such as the newly opened Dawlish Countryside Park, and relieve pressure on Dawlish Warren, which was an important wildlife site.

 

RESOLVED:

 

1)            that the Executive Committee recommends that Teignbridge District Council consider cessation of “high” and “low” season charges and implement a single charging schedule for car parking at the both the “inner” (seaward) and outer (landward) car parks (edged yellow and blue respectively on the plan at Appendix A), Dawlish Warren. These charges would apply throughout the year, including on Sundays, and would be most appropriately based on existing “summer” prices (and any appropriate increases to account for inflation).

 

2)         that the Executive Committee recommends that Teignbridge District Council considers closure of the easternmost half of the “inner” car park (edged blue and cross hatched red on the Plan at Appendix A) from 15th October – 1st March. (Discussion and agreement from Dawlish Warren Golf Course on access arrangements would be necessary.)

11.

Financial Report pdf icon PDF 241 KB

Habitat Regulations Delivery Manager

The report seeks to update members of the Executive Committee on the overall financial position regarding mitigation payments towards projects identified in the South East Devon European Site Mitigation Strategy (SEDESMS).

 

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 first quarter of 2017 financial year and also included anticipated income from contributions where planning permission had been granted, however the mitigation payment had not yet been paid. Members noted that updated housing forecasts were not currently available from all partner authorities and to avoid inaccuracies a 5 year income forecast of developer contributions had not been included - they would be presented to the Executive Committee at their next meeting (January 2018).

 

Councillor Phil Twiss asked how much S106 money from developers was still outstanding. The Delivery Manager reported that that it was always challenging to get developer contributions on time. There were items that dated from 2011 and 2012, but EDDC’s S106 Officer was actively chasing these.

 

RESOLVED:

 

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

 

2)         that the Executive Committee receives an update on 5 year income forecasts of developer contribution receipts at the HREC meeting in January 2018.

12.

Review of zones in the Exe Estuary pdf icon PDF 699 KB

Habitat Regulations Delivery Manager

The report advises Members of the processes undertaken, including significant engagement / consultation, to arrive at a final set of proposals in respect of protective zones within the Exe Estuary.

 

Additional documents:

Minutes:

The Executive Committee considered the Habitat Regulations Delivery Manager’s report setting out the legal background and detailed process, including comprehensive consultation and engagement, to arrive at a set of proposals for two protective Wildlife Refuges on the Exe Estuary at Dawlish Warren and Exmouth.

 

Members noted that the Wildlife Refuges presented one of the most significant, albeit voluntary, changes to access in the Estuary for a number of years and were required as result of a significant increase in human population, associated recreational activities and evidence, which indicated the significant impacts this had on protected species and habitats. The protected species depended on the Estuary for survival and the evidence coupled with a precautionary approach required by legislation made it clear that doing nothing was not an option. To work effectively, the Refuges would depend on the goodwill and education of people using the Estuary for their recreational pursuits. It was recommended that the Executive Committee received annual monitoring reports in order to maintain an overview of how effective the Refuges were and that after three years there would be an overarching review of monitoring results.

 

The Delivery Manager thanked all those that had shared their views and had engaged in the process. It was recognised that not everyone would be happy with the proposals, however the recommendations were considered to be the best possible compromise.

 

Councillor Humphrey Clemens reported that he felt that a considerable amount had changed over the last year to the proposals and the areas in question had reduced considerably. He had attended a trip by boat to see the areas and this had proved very useful. There were still large areas available for recreational use. He had witnessed a single kayak disturb a flock of widgeon, who had not returned. This had evidenced that even relatively small craft caused disturbance. It was the Committee’s duty to protect bird life and it was the intention to make the proposals voluntary and estuary users who were in trouble could use the protected zones He found that there was no evidence to suggest that he should not support the proposed protected zones.

 

Councillor Phil Twiss asked what the arrangements were for the patrol boat. The Delivery Manager reported that there was a budget of £22K available to purchase a patrol boat and that the purchase of this had been on hold pending the outcome of the wildlife refuge proposals. Councillor Twiss reported that the composition of the Committee had changed recently and that he was relatively new to it. The Exe Estuary was a finite resource and considered that the restricted zones were a small part of it. The pressures on natural resources would increase as the number of houses built increased. This would inevitably mean a growth in the users of the Exe Estuary.

 

CIL and S106 monies would help the Exe Estuary. Councillor Twiss reported that he did not like the idea of compulsory zones. A voluntary exclusion zone gives an opportunity to trial it. Doing  ...  view the full minutes text for item 12.