ANALYSIS  ⁄  DEMOCRACY & GOVERNANCE

Exeter City Council executive members take direct control of city planning decisions

Council's executive now possesses majority on city planning committee, with council leader and planning portfolio holder also included despite national guidance, offering basis to challenge decisions and increasing democratic deficit.

Exeter city council  Planning policy  Accountability & transparency  Liveable exeter place board  Democratic deficit  Property development 

The number of executive members on Exeter City Council’s planning committee has more than doubled since April 2016 to give the executive a built-in near two-thirds majority on planning policy and development decisions affecting the city.

No other planning authority in the south west peninsula follows this practice, where the highest proportion of executive members on other planning committees is only one third, and six local authorities have no executive members on their planning committees at all.

The Exeter City Council leader and the portfolio holder for city planning and development also sit on the committee, although doing so is contrary to national guidance from the Local Government Association Planning Advisory Service.

St Sidwell's Point development site after demolition St Sidwell’s Point development site after demolition

It is a fundamental principle of the planning system in England that those who decide applications for development - whether for a garage extension or a major shopping centre - do so in accordance with planning law, national and local planning policies and the ethical standards expected of public office holders.

Most applications are decided by councillors or officers in local planning authorities, of which Exeter City Council is one.

The Planning Advisory Service, part of the Local Government Association and funded by central government, has been issuing guidance since 1992 on the legal and ethical considerations to be borne in mind by councillors when determining planning applications.

The latest edition, issued in December 2019, aims to ensure that “decisions on plan making and planning applications are undertaken, on behalf of communities, in a fair, impartial and transparent way”.

St Sidwell's Point development under construction St Sidwell’s Point development under construction

The Planning Advisory Service guidance says planning committee members “need to avoid any appearance of bias or having ‘predetermined’ views when making a decision on a planning application or policy”.

Predetermination involves a councillor entering a decision-making meeting with a closed mind either in favour of or against a specific planning application.

The guidance is unequivocal: “Avoiding predetermination and the impression of it is essential. The decision making process must be seen to be fair and impartial from the perspective of an external observer.

“If a decision maker has predetermined their position, they should withdraw from being a member of the decision making body for that matter.”

Planning decisions suspected of predetermination may be vulnerable to challenge by judicial review.

Bampfylde Street student accommodation blocks Bampfylde Street student accommodation blocks

The Planning Advisory Service guidance also focusses on ‘predisposition’, where a planning committee member “may have a pre-existing opinion or attitude about the matter under discussion, but remains open to listening to all the arguments and changing their mind in light of the information presented at the meeting”.

It contains specific advice on the composition of planning committees intended to minimise the risks of predetermination, predisposition and other conflicts of interest:

“Local planning authorities will usually have a cabinet or executive member responsible for development and planning (sometimes known as the portfolio holder).

“Planning Advisory Service advise[s] that the leader and portfolio holder of a local authority, who play an important role driving planning policies and proposals, should normally exclude themselves from decision making committees.”

In Exeter, not only are the council leader and planning portfolio holder members of the planning committee, so are six other members of the executive.

With a total committee membership of thirteen, this arrangement gives the executive a built-in majority on planning decisions.

Mary Arches Street construction site Mary Arches Street construction site

This has not happened by accident. In the month before the May 2016 council elections only three members of the executive sat on the planning committee. By June the committee had five executive members.

This was increased to six the following year and by June this year the number was seven, giving the executive its majority. The eighth was added in August, replacing committee chair Councillor Rachel Lyons who is not a member of the executive.

Last month Exeter Observer surveyed all other local planning authorities in Devon, Cornwall and Somerset. Six had no executive members on their planning committees at all, including Cornwall Council, Torbay Council and Plymouth City Council.

Of the rest, the proportion of executive members on the planning committee ranged from 8% to 33%. The proportion in Exeter is 62%.

We asked the city council’s press office for a statement explaining why the council was so out of line with its peers. After five weeks and with apologies for the delay, a press officer said:

“It is a matter for the leaders of the various political groups represented on the council to identify members of their groups for membership of all committees, including the planning committee, in accordance with the statutory requirement for political proportionality.

“The leader of the council therefore identified the relevant number of members from his group to sit on the planning committee.”

However this did not answer the question we asked, since political proportionality - the balance of councillors by party on the full council - is not at issue: Labour are entitled to ten of the thirteen planning committee seats.

In view of this we asked the council to reconsider its statement, but a spokesperson said there was nothing to add.

Pinhoe construction site Pinhoe construction site

We then asked council leader Phil Bialyk to comment. He responded with admirable alacrity, saying he was not sure what our concern was and stressing that members were appointed to the planning committee in line with the political proportionality rules.

We tried again with Councillor Bialyk, explaining that the number of Labour members on the committee was not at issue, and that what we were seeking was an explanation for the high number of members of the council’s executive on the planning committee.

We asked for an explanation of the council’s divergence from national guidance and the practice of neighbouring councils, and how he would answer the charge that Exeter City Council under his leadership “has stacked the membership of the planning committee to ensure that applications backed by the executive will inevitably be approved”.

He replied by saying he had nothing to add to his previous response.

Monkerton construction site Monkerton construction site

This is not an academic debate. Exeter City Council has embarked on a programme of major projects overseen by the unelected and unaccountable Liveable Exeter Place Board.

These include the construction of 12,000 new homes, the reconfiguration of the city in pursuit of carbon neutrality and the development of new sports and leisure facilities and transport infrastructure.

Much of this will involve the city council and its partners submitting applications for development, change of use of existing buildings and land and other matters controlled by the planning system.

The council’s own code of conduct for local planning (part 5i of the council’s constitution) says: “Applications submitted by the city council and members or officers employed by the city council can give rise to a suspicion of impropriety by the public.

“This relates to both planning applications and development plan proposals.

“It is essential that they are handled in a way that gives no grounds for preferential treatment.”

The inclusion of the council leader and the city planning and development portfolio holder on the planning committee and the executive committee’s built-in majority on that committee create unnecessary risk by increasing opportunities to challenge planning decisions on procedural grounds.

Like cuts to council decision-making scrutiny, outsourcing carbon reduction policy to Exeter City Futures and allowing Liveable Exeter Place Board to decide parts of the city’s corporate plan, they also say more about the council’s intention to promote its agenda than its stated aspiration to be “a model of strong local democracy”.


 is a contributing editor of Exeter Observer.

Community share offer
Community share offer
Exeter in brief
Exeter in brief

SOUTH WEST WATER owner Pennon Group has increased its shareholder dividend by nearly 11% to £112 million despite making a pre-tax loss of £8.5 million and being fined £2.15 million after pleading guilty to thirteen environmental offences committed across Devon and Cornwall. CEO Susan Davy said the company, which also owns Bristol Water, had “delivered improvements in environmental performance”

EXETER CITY COUNCIL member’s allowances and expenses came to a total of £409,000 in the year to March 2023, with council leader Phil Bialyk claiming £28,400 and receiving gifts and hospitality at Sandy Park stadium.

The city council has agreed to allow four music concerts at SANDY PARK STADIUM in June with up to 15,000 people in attendance, tickets for which have already been on sale for two months. Its planning committee heard accounts of extreme anti-social behaviour by visitors attending events at the venue as well as other adverse impacts on local residents and imposed traffic and parking, noise, litter and opening and closing time restrictions on the concerts.

An Ofsted monitoring report on DEVON COUNTY COUNCIL CHILDREN’S SERVICES, the fifth since the local authority was judged inadequate in January 2020, has found that the “quality of social work practice across Devon remains inconsistent”. Inspectors found “pockets of better practice” and “some positive changes” but said that weak management oversight, insufficient challenge and poor care planning all continue to cause problems. It also said a high turnover rate in agency social work staff, who make up more than 40% of the workforce, is having an adverse impact.

SOUTH WEST WATER owner Pennon Group has increased its shareholder dividend by nearly 11% to £112 million despite making a pre-tax loss of £8.5 million and being fined £2.15 million after pleading guilty to thirteen environmental offences committed across Devon and Cornwall. CEO Susan Davy said the company, which also owns Bristol Water, had “delivered improvements in environmental performance”

EXETER CITY COUNCIL member’s allowances and expenses came to a total of £409,000 in the year to March 2023, with council leader Phil Bialyk claiming £28,400 and receiving gifts and hospitality at Sandy Park stadium.

The city council has agreed to allow four music concerts at SANDY PARK STADIUM in June with up to 15,000 people in attendance, tickets for which have already been on sale for two months. Its planning committee heard accounts of extreme anti-social behaviour by visitors attending events at the venue as well as other adverse impacts on local residents and imposed traffic and parking, noise, litter and opening and closing time restrictions on the concerts.

An Ofsted monitoring report on DEVON COUNTY COUNCIL CHILDREN’S SERVICES, the fifth since the local authority was judged inadequate in January 2020, has found that the “quality of social work practice across Devon remains inconsistent”. Inspectors found “pockets of better practice” and “some positive changes” but said that weak management oversight, insufficient challenge and poor care planning all continue to cause problems. It also said a high turnover rate in agency social work staff, who make up more than 40% of the workforce, is having an adverse impact.

More Analysis
Closed doors at County Hall

DEMOCRACY & GOVERNANCE

Closed doors at County Hall for councillor conduct hearings

A survey of local authority approaches to standards committee hearings finds Devon County Council alone in imposing private determination of conduct complaints.

Exeter City Council ballot share by ward 2016-23

DEMOCRACY & GOVERNANCE

Exeter electoral tectonic plates rumble as political landscape shifts

Labour takes second Conservative seat in Topsham but loses in St Thomas to Liberal Democrats as Green wins in Heavitree, St David's and Newtown & St Leonards place party second in 2023 city council elections.

2023 Exeter local elections guide graphic showing current council seat distribution

DEMOCRACY & GOVERNANCE

2023 Exeter local elections guide

City council elections take place on Thursday 4 May. Our essential guide highlights who's standing where, wards to watch and what the results might be. It also covers the wider context, voter ID and the impact of First Past the Post in Exeter elections.

All Analysis
News
AirBnB website listing page

DEMOCRACY & GOVERNANCE

Exeter councillor Yvonne Atkinson found in breach of code of conduct but escapes prosecution

Summary of investigation related to rental property interests involving Devon & Cornwall Police and Crown Prosecution Service withheld by Devon County Council while councillor campaigned for re-election to Exeter City Council.

University of Exeter students 2001-2023 Freedom Of Information Act responses vs published Full-Time Equivalent numbers line chart

PLANNING & PLACE

University comes clean on true Exeter campus student numbers over past two decades

Figures obtained under Freedom of Information Act confirm between 7,500 and 12,000 more students based in city each year than university numbers suggest – until this year – with major implications for council planning policy.

Harry Johnson-Hill Exeter Duryard & St James and Winchester Alresford & Itchen Valley candidate local elections campaign leaflets

DEMOCRACY & GOVERNANCE

Exeter local elections candidate is also standing in Winchester

University of Exeter student Harry Johnson-Hill hopes to represent voters both in Duryard & St James and at home in Alresford & Itchen Valley, 100 miles away.

All News
Comment
Exeter City Council annual meeting

DEMOCRACY & GOVERNANCE

Labour councillors again appointed to all thirteen committee chairs at annual council meeting

Council leader finally quits planning committee alongside other remaining Executive member but persists with secret board that enables scrutiny evasion.

Satellite image showing two minute pedestrian route from The Cottage, Nadderwater to Newbery car breakers, Redhills

DEMOCRACY & GOVERNANCE

How far does the council leader have to go before he sees a planning committee conflict of interest?

Phil Bialyk led charge against application to develop site 160 yards from his house despite conduct codes and LGA planning probity guidance.

Exeter City Council community grants budgets including 2023-24 virements bar chart

DEMOCRACY & GOVERNANCE

Councillor falsely labels community grants cuts story "misinformation"

Labour's Martin Pearce brands Exeter Observer "opposition propaganda" at full city council meeting, earning rebuke from Lord Mayor and putting council at risk of code of practice breach during pre-election period.

All Comment
On the agenda

EXETER CITY COUNCIL is inviting reactions to its proposed amendments to its existing planning policy restrictions on the conversion of residential housing to multiple occupancy dwellings, frequently lived by students, near the university. There are exhibitions from 1-7pm on Wednesday 7 June at Exeter Guildhall, 1.30-7pm on Tuesday 13 June at Newtown Community Centre in Belmont Park and 1-7pm on Tuesday 20 June at St James Church Hall in Mount Pleasant Road. Printed copies of its plans will also be available at the Civic Centre and in libraries until the consultation concludes on 3 July.

A public consultation on a draft DEVON, CORNWALL AND ISLES OF SCILLY CLIMATE ADAPTATION STRATEGY which will attempt to minimise the impact of climate change on the South West peninsula is under way until 30 June. The full draft strategy is here. Publication of a revised, final version of the plan is expected in August before partnership organisations will be invited to endorse it during the autumn, four and a half years after Devon County Council convened the Devon Climate Emergency Response Group to “act now to tackle [the] climate emergency”.

On our radar
All topics

ACCOUNTABILITY & TRANSPARENCY ACCOUNTABILITY & TRANSPARENCY ACCOUNTABILITY & TRANSPARENCY   AIR QUALITY AIR QUALITY AIR QUALITY   COP26 COP26 COP26   COVID-19 COVID-19 COVID-19   CITYPOINT CITYPOINT CITYPOINT   CLIFTON HILL SPORTS CENTRE CLIFTON HILL SPORTS CENTRE CLIFTON HILL SPORTS CENTRE   CLIMATE CRISIS CLIMATE CRISIS CLIMATE CRISIS   CLIMATE CRISIS CLIMATE CRISIS CLIMATE CRISIS   CO-LIVING CO-LIVING CO-LIVING   CONGESTION CONGESTION CONGESTION   COUNCIL TAX COUNCIL TAX COUNCIL TAX   CROWN ESTATE CROWN ESTATE CROWN ESTATE   CYCLING & WALKING CYCLING & WALKING CYCLING & WALKING   DEMOCRATIC DEFICIT DEMOCRATIC DEFICIT DEMOCRATIC DEFICIT   DEVON & CORNWALL POLICE DEVON & CORNWALL POLICE DEVON & CORNWALL POLICE   DEVON CARBON PLAN DEVON CARBON PLAN DEVON CARBON PLAN   DEVON COUNTY COUNCIL DEVON COUNTY COUNCIL DEVON COUNTY COUNCIL   DEVON PENSION FUND DEVON PENSION FUND DEVON PENSION FUND   EAST DEVON DISTRICT COUNCIL EAST DEVON DISTRICT COUNCIL EAST DEVON DISTRICT COUNCIL   EXETER AIRPORT EXETER AIRPORT EXETER AIRPORT   EXETER CATHEDRAL EXETER CATHEDRAL EXETER CATHEDRAL   EXETER CITY COUNCIL EXETER CITY COUNCIL EXETER CITY COUNCIL   EXETER CITY FUTURES EXETER CITY FUTURES EXETER CITY FUTURES   EXETER CITY LIVING EXETER CITY LIVING EXETER CITY LIVING   EXETER CLIMATE ACTION HUB EXETER CLIMATE ACTION HUB EXETER CLIMATE ACTION HUB   EXETER COLLEGE EXETER COLLEGE EXETER COLLEGE   EXETER CULTURE EXETER CULTURE EXETER CULTURE   EXETER DEVELOPMENT FUND EXETER DEVELOPMENT FUND EXETER DEVELOPMENT FUND   EXETER LIVE BETTER EXETER LIVE BETTER EXETER LIVE BETTER   EXETER LOCAL PLAN EXETER LOCAL PLAN EXETER LOCAL PLAN   EXETER PHOENIX EXETER PHOENIX EXETER PHOENIX   EXETER PRIDE EXETER PRIDE EXETER PRIDE   EXETER SCIENCE PARK EXETER SCIENCE PARK EXETER SCIENCE PARK   EXETER ST DAVID'S EXETER ST DAVID'S EXETER ST DAVID'S   EXETER TRANSPORT STRATEGY EXETER TRANSPORT STRATEGY EXETER TRANSPORT STRATEGY   EXETER CITY CENTRE EXETER CITY CENTRE EXETER CITY CENTRE   EXTINCTION REBELLION EXETER EXTINCTION REBELLION EXETER EXTINCTION REBELLION EXETER   FREEDOM OF INFORMATION FREEDOM OF INFORMATION FREEDOM OF INFORMATION   FRIDAYS FOR FUTURE EXETER FRIDAYS FOR FUTURE EXETER FRIDAYS FOR FUTURE EXETER   GENERAL ELECTIONS GENERAL ELECTIONS GENERAL ELECTIONS   GUILDHALL GUILDHALL GUILDHALL   HARLEQUINS HARLEQUINS HARLEQUINS   HEART OF THE SOUTH WEST LEP HEART OF THE SOUTH WEST LEP HEART OF THE SOUTH WEST LEP   HOUSING CRISIS HOUSING CRISIS HOUSING CRISIS   LGBTQIA+ LGBTQIA+ LGBTQIA+   LIBRARIES UNLIMITED LIBRARIES UNLIMITED LIBRARIES UNLIMITED   LIVEABLE EXETER PLACE BOARD LIVEABLE EXETER PLACE BOARD LIVEABLE EXETER PLACE BOARD   LIVEABLE EXETER LIVEABLE EXETER LIVEABLE EXETER   LOCAL INDUSTRIAL STRATEGY LOCAL INDUSTRIAL STRATEGY LOCAL INDUSTRIAL STRATEGY   LOCAL ELECTIONS LOCAL ELECTIONS LOCAL ELECTIONS   MAKETANK MAKETANK MAKETANK   MARSH BARTON MARSH BARTON MARSH BARTON   MET OFFICE MET OFFICE MET OFFICE   MID DEVON DISTRICT COUNCIL MID DEVON DISTRICT COUNCIL MID DEVON DISTRICT COUNCIL   NET ZERO EXETER NET ZERO EXETER NET ZERO EXETER   NORTHERNHAY GARDENS NORTHERNHAY GARDENS NORTHERNHAY GARDENS   OXYGEN HOUSE OXYGEN HOUSE OXYGEN HOUSE   PARIS STREET PARIS STREET PARIS STREET   PARKING PARKING PARKING   PENINSULA TRANSPORT PENINSULA TRANSPORT PENINSULA TRANSPORT   PLANNING POLICY PLANNING POLICY PLANNING POLICY   PRINCESSHAY PRINCESSHAY PRINCESSHAY   PROPERTY DEVELOPMENT PROPERTY DEVELOPMENT PROPERTY DEVELOPMENT   PUBLIC CONSULTATION PUBLIC CONSULTATION PUBLIC CONSULTATION   PUBLIC HEALTH PUBLIC HEALTH PUBLIC HEALTH   PUBLIC PARKS PUBLIC PARKS PUBLIC PARKS   PUBLIC REALM PUBLIC REALM PUBLIC REALM   PUBLIC TRANSPORT PUBLIC TRANSPORT PUBLIC TRANSPORT   RAMM RAMM RAMM   REFUSE & RECYCLING REFUSE & RECYCLING REFUSE & RECYCLING   RETROFIT RETROFIT RETROFIT   ROYAL DEVON NHS TRUST ROYAL DEVON NHS TRUST ROYAL DEVON NHS TRUST   SIDWELL STREET SIDWELL STREET SIDWELL STREET   SOUTH WEST EXETER EXTENSION SOUTH WEST EXETER EXTENSION SOUTH WEST EXETER EXTENSION   SOUTH WEST WATER SOUTH WEST WATER SOUTH WEST WATER   SOUTHERNHAY SOUTHERNHAY SOUTHERNHAY   SPORT ENGLAND LOCAL DELIVERY PILOT SPORT ENGLAND LOCAL DELIVERY PILOT SPORT ENGLAND LOCAL DELIVERY PILOT   ST SIDWELL'S COMMUNITY CENTRE ST SIDWELL'S COMMUNITY CENTRE ST SIDWELL'S COMMUNITY CENTRE   ST SIDWELL'S POINT ST SIDWELL'S POINT ST SIDWELL'S POINT   STAGECOACH SOUTH WEST STAGECOACH SOUTH WEST STAGECOACH SOUTH WEST   STUDENT ACCOMMODATION STUDENT ACCOMMODATION STUDENT ACCOMMODATION   TEIGNBRIDGE DISTRICT COUNCIL TEIGNBRIDGE DISTRICT COUNCIL TEIGNBRIDGE DISTRICT COUNCIL   UNIVERSITY OF EXETER UNIVERSITY OF EXETER UNIVERSITY OF EXETER  

More stories