Opponents claim they are assessing three possible options as part of a prospective bid to frustrate a years-long process.
Campaigners stated they would be sending a legal complaint about East Devon’s draft local plan, debated by its strategic planning committee this week.(Image: Bradley Gerrard)
Campaigners opposing parts of a major years-long process to decide where to put homes across a Devon district are eyeing the possibility of frustrating the entire plan.
The Stop Exmo_20 Action Group has been set up as an official route through which to express residents’ opposition to a major prospective housing site on the outskirts of Exmouth that could accommodate up to 700 homes.
The Exmo_20 refers to the plot of land’s official name in East Devon District Council’s draft local plan, which the council is trying to finalise before submitting it to the government for ratification.
The local plan’s aim is to identify sites across East Devon that would be deemed acceptable, in principle, for development, albeit any actual development would need to be approved via the planning process.
But Stop Exmo_20 Action Group said that it had secured assistance from a “suitable barrister” to assist it with its opposition to the site’s allocation.
However, any legal action might have to be against the entirety of East Devon’s draft local plan rather than specific pieces of it, even though the group’s main issue relates to the land at St John’s and close to the internationally recognised Pebblebed Heaths.
One possible legal route could be a judicial review, however, this would not adjudicate on whether decisions by the council were correct or not, but rather whether certain decisions were taken properly and in line with relevant policies and procedures.
Bill Edmunds, one of the action group’s members said: “We have found a suitable barrister and they have set out options for us in terms of ways to proceed, and we are deciding among ourselves which option we might take.
“There are three options being considered.”
It’s not yet clear what those options are, but Mr Edmunds addressed East Devon’s strategic planning committee (Tuesday 22 September) on the issue.
“Following legal advice, a formal letter from our appointed legal representative will be forthcoming in the next few weeks,” he told the committee this week (Tuesday 22 September).
“We ask you once again to remove Exmo_20 from the local plan.”
The committee did not respond to the prospect of a formal legal letter being sent to it by Stop Exmo-20 Action Group.
The strategic planning committee acknowledged the ongoing work its planning officers needed to complete before they could agree that the draft local plan could be sent to the government.
East Devon is trying to ensure the plan is sent by the end of this year, because that allows it to target a lower number of homes.
The committee heard that all comments made by campaigners would be made available to the Planning Inspectorate, which will ultimately decide whether the draft local plan is sound and can be approved.
The committee’s members have previously agreed not to remove Exmo_20 from the draft local plan due to concerns by senior planning officers that such a change could be considered ‘significant’ and render the plan invalid.
East Devon’s strategic planning committee is hoping to agree the finalised draft local plan next month, with it being supported by full council in December.
East Devon said it could not comment on the possible legal letter from campaigners because it had not received it yet.