Agenda item

To receive a report of the Director of Place seeking approval for the draft SPD for consultation.

The Cabinet had before it a report from the Director of Place which sought approval for the draft Mid Devon Air Quality Supplementary Planning Document (SPD) for Public Consultation.

The Cabinet Member for Planning and Economic Regeneration outlined the contents of the report and stated that:

·         Following the Council’s adoption of the Mid Devon Local Plan in July 2020 there has been a need to prepare a new Air Quality Supplementary Planning Document. This SPD will provide further guidance and information about how local plan policies (and the development plan as a whole) in relation to air quality will be applied and interpreted.  While the SPD will not form part of the adopted development plan, it will be capable of being a material consideration in determining planning applications where air quality is relevant.

·         A draft Air Quality SPD has been prepared by consultants. It is aligned with the current National Planning Policy Framework, and aims to provide a consistent approach to assessing air quality impacts from planning proposals, and to encourage early engagement in the development process. The SPD will assist developers in determining when an air quality assessment is required for a new development, provide guidance through the emissions and air quality assessment procedures, and identify suitable mitigation measures to be included at the planning stage.

·         The Council will be able to use the guidance to sustain and contribute towards the compliance with national air quality objectives, with consideration given to the presence of Air Quality Management Areas (AQMAs) in Crediton and Cullompton, and the cumulative impacts from individual sites in local areas.

The draft Air Quality SPD is structured into a three stage process:

·         The first stage is to classify the development as having a small or large impact. This will include consideration of whether the planned development is within, near to, or will likely have an impact on an AQMA, and will identify what actions are required to assess the new development. This will range from ‘no action required’ to ‘air quality impact assessment required’.

·         Stage 2 sets out how to assess and quantify the impact of the development on local air quality.

·         Stage 3 determines the mitigation to be applied.

The draft Air Quality SPD has been ‘screened’ for the purpose of Strategic Environmental Assessment and Habitat Regulations Assessment, and no requirement has been identified for a full Strategic Environmental Assessment, or Appropriate Assessment.

The Planning Policy Advisory Group (PPAG) considered the Air Quality SPD at its meeting of 1^st August 2022 and has noted its content. The PPAG has requested that a non-technical guide is prepared and is made available as part of, and to assist, the consultation on the Air Quality SPD. This request forms part of the recommendations that are before the Cabinet.

Should the recommendations be agreed then once that decision comes into effect the SPD will be subject to a public consultation exercise of at least 6 weeks. Once the consultation has ended and all comments have been taken into account, the final version of the Air Quality SPD and a statement of public participation will be presented to a future meeting of the Cabinet with a recommendation to adopt the document as a SPD.

The Leader thanked the Cabinet Member for their presentation and opened the floor for questions, which were as followed:

·         A Cabinet Member raised that this would have a positive environmental impact.

·         A Cabinet Member also added that they too supported the recommendations and that a non-technical guide would be welcomed.

RESOLVED: That

1.    The draft Mid Devon Air Quality Supplementary Planning Document (comprising Appendix 1 to this report), the Strategic Environmental Assessment Screening Report (Appendix 2 to this report) and the Habitat Regulations Assessment Screening Report (Appendix 3 to this report) be approved for public consultation.

2.    That delegated authority be given to the Director of Place in consultation with the Cabinet Member for Planning and Economic Regeneration to finalise the material and arrangements for consultation, including a non-technical guide for the Air Quality SPD.

(Proposed by Cllr R Chesterton and seconded by Cllr C Slade)

Reason for Decision: The Air Quality SPD would provide guidance on the Mid Devon Local Plan 2013-2033 policies on air quality. The document would reduce the risk of costs awarded against the Council where decisions are based on its content. It would help deliver the Corporate Plan objectives on Environment and Community. Finally, it would help minimise the impact development would have on climate change and supported the Council’s commitment to achieving net zero carbon emissions by 2030.