Lawful Use and Change-of-Use Challenge on the Gadeon House Pathology Conversion (Application 25/0538/FUL)
Sent to: The Head of Planning, Exeter City Council. Copied to Cllr Paul Knott and the Exeter City Council planning inbox, Dr Phil Keeling, Cllr Jacqi Hodgson (Devon County Council), and campaign committee members.
The eight areas of inquiry, in summary:
- Existing lawful use: the lawful planning Use Class of Gadeon House immediately before the pathology development, with the original permission, any later permissions affecting use, any Certificates of Lawfulness, and any conditions or Section 106 obligations still relevant.
- Application 25/0538/FUL: the complete planning file, including the application form, drawings, design/access and planning statements, any environmental, noise, ventilation or extraction assessments, consultation and Environmental Health responses, the officer report, the delegated decision record, the decision notice, conditions, and correspondence about the proposed use.
- What use was disclosed to the Council: whether, in determining 25/0538/FUL, the Council was told the works related to converting offices into a regional NHS pathology laboratory, and specifically whether Blood Sciences and Microbiology were disclosed.
- Change-of-use / Use Class determination: whether the Council has determined that the pathology use falls within the same Use Class as the office use and so does not need permission; if so, the Use Class, the statutory basis, when the determination was made, and where it is recorded; if not, confirmation that no such determination has been made.
- Cellular Pathology / Histopathology: whether Torbay's histopathology relocation 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, Certificate of Lawfulness, or consent for associated works, plant, extraction or ventilation.
- Material difference between disciplines: whether the Council has considered whether Blood Sciences, Microbiology and Cellular Pathology involve materially different activities or impacts (processing and equipment, ventilation and extraction, chemicals and reagents, specimen and clinical-waste handling, plant noise, servicing, vehicle movements, hours of operation).
- Other applications and pre-application discussions: 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 pathology use, by any of the NHS trusts, Torbay Council, the landlord, or their agents.
- Current position: an unequivocal statement of 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 with no further change-of-use permission, with the planning basis either way.
From: Susie Colley, Director, Save Torbay Hospital Ltd (chair@tqcc.co.uk)
To: Head of Planning, Exeter City Council (planning@exeter.gov.uk)
CC: Cllr Paul Knott, Dr Phil Keeling, Cllr Jacqi Hodgson (Devon County Council), 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. Please also provide, or identify by reference number and date: the original planning permission for Gadeon House; any subsequent permissions materially affecting its authorised use; any Certificates of Lawfulness relating to its use; and any planning conditions, Section 106 obligations or other planning restrictions which remain relevant to the use or occupation of the building.
2. Application 25/0538/FUL. Please provide access to, or copies of, the complete planning file for application 25/0538/FUL, including in particular: the application form; plans and drawings; Design and Access Statement or supporting statement; planning statement; environmental, noise, ventilation or extraction assessments; consultation responses; Environmental Health comments; Highways comments; officer assessment/report; delegated decision record; decision notice; conditions and reasons; correspondence between the applicant/agent and the Council concerning the proposed use of the building; and any pre-application advice relevant to the proposal.
3. Nature of the proposed use disclosed to the Council. Please confirm whether, when determining 25/0538/FUL, Exeter City Council was informed that the alterations were associated with the conversion of office accommodation at Gadeon House into a regional NHS pathology laboratory. If so, please confirm precisely what laboratory activities and pathology disciplines were disclosed to the Council at that time. In particular, was the Council informed that the premises were intended to accommodate Blood Sciences and Microbiology?
4. Change of use / Use Class determination. We have not presently identified a separate planning application expressly seeking permission for the change of use from office accommodation to pathology laboratory use. Please therefore confirm whether Exeter City Council has determined that the proposed pathology laboratory use falls within the same Use Class as the existing lawful office use and consequently does not constitute a material change of use requiring planning permission. If that is the Council's position, please identify: the relevant Use Class; the statutory basis upon which the Council relies; when that determination was made; whether it was formally recorded; and the document, officer assessment, correspondence or other record in which that determination can be found. If no formal determination has been made, please confirm that fact.
5. Cellular Pathology / Histopathology. There is an important further issue upon which we particularly require clarification. The pathology development now proposed for Gadeon House extends beyond the Royal Devon University Healthcare NHS Foundation Trust's Blood Sciences and Microbiology facilities. Torbay and South Devon NHS Foundation Trust is proposing to relocate routine Cellular Pathology/Histopathology services from Torbay Hospital to Gadeon House. Please confirm whether the proposed use of part of Gadeon House for Cellular Pathology/Histopathology formed part of the development considered by Exeter City Council when determining application 25/0538/FUL. If it did, please identify the relevant documentation. If it did not, please confirm whether Exeter City Council considers that the subsequent establishment of a Cellular Pathology/Histopathology laboratory at Gadeon House: is already authorised by the existing lawful use of the building; is covered by planning permission 25/0538/FUL; constitutes development or a material change of use requiring a further planning application; requires a Certificate of Lawfulness or other planning determination; or requires any further consent for associated physical works, plant, extraction, ventilation or other infrastructure.
6. Material difference between the pathology disciplines. We would also be grateful if the Council would confirm whether, for planning purposes, it has considered whether Blood Sciences, Microbiology and Cellular Pathology/Histopathology involve materially different activities or impacts. In particular, has consideration been given to matters including: laboratory processing and equipment; ventilation and extraction; chemicals and reagents; storage and handling of biological specimens; clinical/pathological waste; noise from plant and equipment; servicing and deliveries; vehicle movements; and hours of operation? If these matters have been assessed, please identify the relevant planning documents.
7. Further applications and pre-application discussions. Please identify any other planning applications, pre-application enquiries, Certificates of Lawfulness, condition discharge applications, non-material amendment applications or other planning submissions made during 2025 or 2026 concerning Gadeon House and its proposed use as a pathology facility. This should include applications or enquiries made by or on behalf of Royal Devon University Healthcare NHS Foundation Trust, Torbay and South Devon NHS Foundation Trust, Torbay Council, the owner/landlord of Gadeon House, or their respective agents or contractors, insofar as they relate to this development.
8. Current position. Finally, we would be grateful for an unequivocal response to the following: Does Exeter City Council, as Local Planning Authority, consider that all of the pathology uses now proposed at Gadeon House — including Blood Sciences, Microbiology and Torbay and South Devon NHS Foundation Trust's Cellular Pathology/Histopathology service — can lawfully operate at the premises under the building's existing planning use and permissions without any further change-of-use planning permission? If the answer is yes, please explain the planning basis for that conclusion. If the answer is no, or if the position has not yet been determined, please identify what further planning application, consent or determination would be required.
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 of the documents requested above are already publicly available, we would be grateful if you would provide the relevant application reference and direct location within the Council's planning records, rather than simply referring us generally to the planning portal. 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
Related material on the tracker:
- The Pathology Relocation to Gadeon House thread, on the clinical and governance case for the histopathology move.
- The Funding the Gadeon House Move thread, on the £7.5m Council loan, the procurement, and the Edginswell land. The Trust's TSD10717 response there rests the case on a "Pathology Services Business Case" not yet published.
- The TSD10513 forensic pathology-evidence FOI, under internal review, which seeks the same underlying evidence base.
Status
The letter was sent on 23 August 2026 by Save Torbay Hospital Ltd to Exeter City Council's Head of Planning. It opens a new line of scrutiny distinct from the NHS-facing FOI threads: whether the conversion of Gadeon House from offices to a regional pathology laboratory has the necessary planning consent, or whether a material change of use is proceeding on the strength of a permission (25/0538/FUL) that on its face covered only minor external alterations. Exeter City Council's published record confirms 25/0538/FUL and its 8 August 2025 grant, with a description matching the letter and containing no change of use. No response has yet been received. Because the letter invokes the Freedom of Information Act 2000 and the Environmental Information Regulations 2004 as a fallback, any refusal to supply the planning file through an ordinary enquiry would convert the relevant parts into a formal information request with its own statutory deadline and review rights. Any response, determination, or further application will be recorded here.