Decision details

The Executive received the report to consider the approach that had been made to the Council for the grant of options for the acquisition of access land across a strip of amenity land off Pendragon Road to facilitate the development of land adjoining the Council’s ownership.

Officers advised the Executive on the options available, in either agreeing to grant  options to enable the site to deliver the residential scheme: thereby securing capital receipts and ongoing CIL and council tax income streams, together with significant affordable housing provision or, alternatively, to refuse and retain the strip for community amenity purposes.

The Service Lead, Legal Services & Interim Monitoring Officer, advised the Executive of S25 of the Localism Act 2011 and emphasised decision makers must ensure they have an open mind and consider all the issues when reaching a decision.

Opposition group leaders spoke on the item and made the following points:-

·         Cllr Jobson – enquired on whether there were any other legal obligations the Council needed to be aware of and what those might be?

·         Cllr Mitchell – enquired on whether there was anything mentioned in the appeal decision regarding social housing?

The Executive Committee in determining their response made the following points:-

·         it was important for Members to keep an open mind on this matter;

·         a fair balance needed to be made between the interests of the Council and Taxpayer with community interests;

·         the decision would provide a sizable capital receipt and the delivery of housing, but would make a considerable change and impact to that part of the city;

·         carbon emissions from cars would increase if the land were sold, causing more harm to the community than benefit;

·         the whole site needed to be considered and not just the access;

·         although there was now planning permission, the decision to grant options was not tied to that, and considering all the arguments for and against, selling of the land was not a good option;

·         the Executive’s decision and reasoning was not solely for the developer but for the wider community;

·         the land was currently used as amenity land by the local community and selling would not provide any enhancements to residents and would be damaging to wildlife and biodiversity; and

·         the land was beneficial to the community with established trees and hedges.

The Leader in concluding raised the following points:-

·         he welcomed the Executive’s points and open mind on the matter;

·         there was a balance between the need to build affordable homes as recognised in the Council’s Corporate Plan, with the wider interests of all residents of the city;

·         the Executive had considered the Planning Inspector's decision to grant planning permission, but respectfully disagreed with it;

·         evidence in the local plan showed the site had a high to medium landscape sensitivity;

·         the Council was consulting on a new Local Plan about protecting the green spaces around Exeter for the benefit of residents and building new housing on brownfield land;

·         the Council had a 4-year housing land supply which had been reduced down from 5 years, given the progress that the Council had made with the Local Plan; and

·         he had considered the advantages and disadvantages and noted the views of the Executive Members.

The Leader moved an amendment to the recommendations to read as follows:-

·         That having considered the report and other views, the Executive was not minded to sell the land.

The Leader moved, and Councillor Wright seconded, the recommendation which were voted upon and CARRIED unanimously.

RESOLVED that having considered the proposal and other views, the Executive was minded not to sell the two areas of amenity land.