Reply 1, on the internal review (Carrie-Anne Bainbridge, Policy Officer, Executive Office, 10:09):

"Your request for an internal review is being processed and a response will be issued within 20 working days. My colleague in City Development will respond to you separately regarding the other matters."

Reply 2, on enforcement (Hayley Stokes, Assistant Service Lead – City Development, 11:39):

Ms Stokes confirmed, on Ms Bainbridge's referral, that whether a particular use amounts to a material change of use "is a matter of fact and degree, having regard to the specific nature and circumstances of the use," and that the Council has not made a formal determination about the use of Gadeon House, but that any potential material change of use "can be considered through the Council's planning enforcement process."

She then confirmed the key step: "I will ask a Planning Enforcement Officer to investigate the matter." She invited the campaign to submit any further evidence through the Council's "Report a planning breach" page, stating clearly that it relates to Gadeon House, Grenadier Road.

She added the Council's standard caveat: "Please note that the commencement of an enforcement investigation does not prejudge whether a breach of planning control has occurred or whether formal enforcement action would be expedient."

Hayley Stokes, Assistant Service Lead – (DM) City Development, Exeter City Council. Carrie-Anne Bainbridge, Policy Officer, Executive Office, Exeter City Council.

From: Susie Colley, Director, Save Torbay Hospital Ltd (chair@savetorbayhospital.co.uk)
To: Carrie-Anne Bainbridge, Policy Officer, Executive Office, Exeter City Council
CC: Cllr Paul Knott, the Exeter City Council planning inbox, Dr Phil Keeling, Cllr Jacqi Hodgson (Devon County Council), Cllr Ged Yardy, and campaign committee members

Good evening Ms Bainbridge,

Thank you for your detailed response received today. I appreciate the Council setting out the position clearly, and I understand the distinction you draw between disclosing recorded information and creating a new determination.

However, your response confirms two things which I believe warrant further action:

1. No application has been made to the Council seeking permission for a change of use from office accommodation (Class B1) to pathology laboratory use at Gadeon House; and
2. The Council has made no formal determination as to whether the pathology laboratory use constitutes a material change of use requiring planning permission.

Given that the Council was aware, per your response to point 3, that the works approved under 25/0538/FUL related to an NHS off-site pathology laboratory facility, I would be grateful if you could clarify the following:

• Does the Council consider that a pathology laboratory use falls within the existing Class B1 (office) use, or would it ordinarily be regarded as a sui generis or other use requiring express permission?
• In the absence of any change of use application, does the Council intend to investigate this matter through its planning enforcement process, or would it require a third party to make a formal report before doing so?

I would like to invite the Council to consider this matter under its planning enforcement powers, given that a pathology facility appears to be operating, or is intended to operate, from premises with no planning history of a change of use application being submitted or determined.

Separately, I would like to request an internal review of the decision to withhold information relating to the pre-application enquiry under Regulation 12(5)(d). While I understand the Council's position on protecting the confidentiality of pre-application discussions, I would ask that the public interest balance be revisited given the significant public concern regarding the reconfiguration of NHS pathology services away from Torbay Hospital, and the public's interest in understanding what the Council knew, and when, about the intended use of the site.

I would be grateful for your response at your earliest convenience.

Kindest regards

Susie Colley
Director, Save Torbay Hospital Ltd
Chair of Torquay Chamber of Commerce

From: Carrie-Anne Bainbridge, Policy Officer, Executive Office, Exeter City Council (carrie.bainbridge@exeter.gov.uk)
To: Susie Colley (chair@savetorbayhospital.co.uk)
Subject: Formal clarification of the planning position relating to Gadeon House

Dear Susie Colley,

Thank you for your correspondence concerning Gadeon House, Grenadier Road, Exeter. We will treat the parts of your correspondence seeking recorded planning information as a request under the Environmental Information Regulations 2004, insofar as those Regulations apply, and will provide information held by the Council, subject to any relevant exceptions. Where your questions would require the Council to create a new planning assessment, express a fresh opinion or make a formal determination, this is explained below.

1. Existing lawful use. The relevant planning records identified for Gadeon House are set out below. The decision notices contain the planning conditions; any associated Section 106 agreement is a separate document within the relevant application record. No Certificates of Lawfulness have been identified for the site.

• 02/1663/FUL — Four storey office building (Class B1), (12,664 sq. metres) to include demolition of dwelling, parking, access to highway and associated works. Land Between Pinn Lane & Junction 29 (M5) North Of Honiton Road Exeter EX1.
• 02/0323/FUL — Four storey building for office use (Class B1) (13,700 sq. m.) to include demolition of dwelling, parking, access to highway and associated works.

The Council added that it does not consider it appropriate through an information request to provide a definitive statement of the lawful use immediately before the pathology development, noting that the planning history may indicate the use authorised by earlier permissions but is not necessarily conclusive of the lawful use at a particular date, and that a formal determination would require an application for a Certificate of Lawfulness supported by the necessary evidence.

2. Application 25/0538/FUL. The recorded planning documents are available through the Council's planning portal, subject to any relevant exceptions. The application sought permission for physical alterations to the building, including alterations to doors, louvres and an extract chimney.

3. Nature of the proposed use disclosed to the Council. The application sought permission for physical alterations only. The recorded material indicates that the Council was aware that the works related to an NHS off-site pathology laboratory facility. However, the application description did not specify individual pathology disciplines, "as this was not necessary and the Council will not infer information beyond that contained in the records held."

4. Change of use / Use Class determination. "The Council has not received a planning application expressly seeking permission for a change of use from office accommodation to pathology laboratory use. Nor has the Council made a formal determination, through a Certificate of Lawfulness or otherwise, as to the lawful use of the premises or whether the pathology laboratory use constitutes a material change of use." The Regulations provide a right of access to recorded information; they do not require the Council to create a new assessment, express a fresh opinion or make a formal determination in response to an information request.

5. Cellular Pathology / Histopathology. Application 25/0538/FUL sought permission for physical alterations only and not a change of use. The Council states it is not appropriate, through this information request, to make a new determination as to whether any particular pathology discipline is authorised, constitutes a material change of use, or requires further permission or a Certificate of Lawfulness.

6. Material difference between the pathology disciplines. The Council does not hold a separate comparison assessing whether Blood Sciences, Microbiology and Cellular Pathology/Histopathology involve materially different activities or impacts. In determining any application, the planning authority considers the development applied for on its own merits and associated impacts (plant, extraction, noise, servicing, waste, vehicle movements, hours of operation) where relevant to that application. It is not required to undertake a new comparison for the purposes of this request.

7. Further applications and pre-application discussions. The planning applications identified above are the relevant records located for the site. The Council confirms it received a pre-application enquiry concerning the proposed pathology facility, but is withholding it under Regulation 12(5)(d) (confidentiality of proceedings). It concluded the public interest favours maintaining confidentiality, weighing openness, transparency, accountability, informing public debate and the presumption in favour of disclosing environmental information against protecting confidential information and the relationship of trust between the Council and planning applicants.

8. Current position. The Council does not consider it appropriate to provide an unequivocal conclusion on the lawfulness of all current or proposed pathology uses through an information request. It states: "The absence of such a determination through this information request should not be taken as confirmation that planning permission is, or is not, required." Any person seeking a formal determination may apply for a Certificate of Lawfulness; where there is evidence suggesting a breach of planning control, this may be reported to the Council for consideration through its planning enforcement process.

The response carried the Council's standard internal-review and Information Commissioner appeal rights (review requests to foi@exeter.gov.uk within 40 working days).

Kind regards,

Carrie-Anne Bainbridge
Policy Officer, Executive Office
Exeter City Council

From: Susie Colley, Director, Save Torbay Hospital Ltd (chair@savetorbayhospital.co.uk)
To: Head of Planning, Exeter City Council (planning@exeter.gov.uk)
CC: Rebecca Chapman (Irwin Mitchell LLP), Cllr Paul Knott, Dr Phil Keeling, Cllr Jacqueline Fry and Cllr Jessica Bailey (Devon County Council), Cllr Jacqi Hodgson, Cllr Ged Yardy, and campaign committee members
Subject: Gadeon House, Grenadier Road, Exeter EX1 3UT — Planning Application 25/0538/FUL — Request for Clarification of Lawful Use and Pathology Laboratory Development

Dear Head of Planning,

I am writing on behalf of Save Torbay Hospital Ltd to seek formal clarification of the planning position relating to Gadeon House, Grenadier Road, Exeter, and its conversion from office accommodation for use as a substantial NHS pathology laboratory facility. This request is made because Gadeon House has historically been described as an office building, while the building is now being developed to accommodate pathology services including Blood Sciences, Microbiology and Cellular Pathology/Histopathology.

We have identified planning application 25/0538/FUL, described as "alterations to doors at lower ground and louvres at ground floor and extract chimney to elevation and roof." We understand that this application was granted permission on 8 August 2025. However, the description of development does not appear to include an express change of use from offices to a pathology laboratory. We would therefore be grateful for a clear written response to the following questions.

1. Existing lawful use. Please confirm the lawful planning use and Use Class of Gadeon House immediately prior to the pathology development, and identify by reference number and date the original permission, any later permissions materially affecting its authorised use, any Certificates of Lawfulness, and any conditions, Section 106 obligations or other restrictions still relevant to the use or occupation of the building.

2. Application 25/0538/FUL. Please provide the complete planning file, including the application form, plans and drawings, Design and Access or supporting statement, planning statement, any environmental, noise, ventilation or extraction assessments, consultation responses, Environmental Health and Highways comments, the officer report, the delegated decision record, the decision notice, conditions and reasons, correspondence with the applicant or agent about the proposed use, and any pre-application advice.

3. Nature of the proposed use disclosed to the Council. Please confirm whether, when determining 25/0538/FUL, the Council was informed that the alterations were associated with converting office accommodation into a regional NHS pathology laboratory, and if so what activities and disciplines were disclosed, and in particular whether the Council was told the premises were intended to accommodate Blood Sciences and Microbiology.

4. Change of use / Use Class determination. We have not identified any separate application seeking a change of use from offices to pathology laboratory. Please confirm whether the Council has determined that the pathology use falls within the same Use Class as the office use and so does not require permission; if so, the Use Class, the statutory basis, when the determination was made, whether it was recorded, and where it can be found; if no formal determination has been made, please confirm that fact.

5. Cellular Pathology / Histopathology. Torbay and South Devon NHS Foundation Trust is proposing to relocate routine Cellular Pathology/Histopathology from Torbay Hospital to Gadeon House. Please confirm whether that use formed part of what the Council considered under 25/0538/FUL, and if not, whether the Council considers it already authorised, covered by 25/0538/FUL, or requiring a further application, a Certificate of Lawfulness, or consent for associated works, plant, extraction, ventilation or other infrastructure.

6. Material difference between the pathology disciplines. Please confirm whether, for planning purposes, the Council has considered whether Blood Sciences, Microbiology and Cellular Pathology/Histopathology involve materially different activities or impacts, including laboratory processing and equipment, ventilation and extraction, chemicals and reagents, specimen handling, clinical waste, plant noise, servicing, vehicle movements and hours of operation, and if so, please identify the relevant documents.

7. Further applications and pre-application discussions. Please identify any other applications, pre-application enquiries, Certificates of Lawfulness, condition-discharge or non-material-amendment applications during 2025 or 2026 concerning Gadeon House and its proposed pathology use, by or on behalf of either NHS trust, Torbay Council, the owner or landlord, or their agents or contractors.

8. Current position. Finally, please confirm unequivocally whether the Council considers that all the pathology uses now proposed, including Torbay's Cellular Pathology, can lawfully operate under the building's existing use and permissions without any further change-of-use permission, explaining the planning basis either way.

We are seeking clarification rather than making any allegation of a breach of planning control. Given the scale and nature of the proposed pathology facility, however, it is important that there is a clear documentary record establishing the lawful planning basis upon which the development is proceeding. If any relevant information cannot be supplied as part of an ordinary planning enquiry, please treat that part of this correspondence as a request for recorded information under the Freedom of Information Act 2000 and/or Environmental Information Regulations 2004, as applicable.

Yours faithfully,

Susie Colley
Director
Save Torbay Hospital Ltd