Agenda item

To receive a report to discusses options available to Members around the production of further (supplementary) planning policy or guidance in relation to the development and management of Anaerobic Digester plants within Mid Devon.

The Group had before it a report * from the Director of Place and Economy to discuss options available to Members around the production of further (supplementary) planning policy or guidance in relation to the development of Anaerobic Digester (AD) Plants within Mid Devon.

Prior to the presentation the Director of Place and Economy wished to comment on some of the questions raised earlier and stated the following:-

·         The questions raised highlighted and reinforced some particular points which were useful and helpful in terms of informing the choices that the Council made moving forwards in developing its understanding and knowledge of AD plants and what the Council could do in terms of supporting effective management and operation of them in terms of procuring additional guidance and advice.

·         References to case laws would also be taken on board and the Environment Agency restrictions. 

·         It was helpful to officers to have an understanding of what fell within the jurisdiction of the Environment Agency and how they managed it.

·         The Director of Place and Economy confirmed that he had been mindful of the questions posed and supporting documents presented at the Full Council meeting and that they were considered when drafting the report.  He also confirmed that these would carry forward into any further work that the Council commissioned.

·         A site visit for Members of the Group may be useful to understand how AD’s operated and could provide continuous learning, understanding and appreciation of how AD plants operated.

·         The Council was guided by procurement requirements when selecting and appointment consultants.

·         With regard to planning enforcement he could confirm that in the last 12 months a total of 18 Notices had been served.  The Council were taking a proactive stance in terms of planning enforcement and seeking to address high risk breaches when they occurred.

The following was highlighted within the report:-

·         The report was in response to a Motion that was brought before Full Council in July 2025 by Cllr G Westcott.

·         It set out various points to note and sought approval for Planning Officers to prepare a supplementary planning document outlining conditions under which any further applications for anaerobic digester plants or the extension of existing plants would be acceptable and contributed to the goals for climate change mitigation as well as planning conditions that may be required to ensure that contribution was realised.

·         An amendment was carried to refer the Motion back to this Policy Development Group (PDG) to review and discuss prior to it going back to Full Council for further review.

·         There were 4 options available to Members.  Officers had recommended Option 3 (a broad AD advice note) to the Group as this gave the Council an opportunity to provide some further understanding whilst not having the challenges of cost and time of seeking to provide a Supplementary Planning Document which would have limited weight.

·         If the Group were minded to approve the recommendations, the Cabinet Member for Planning and Economic Regeneration would be asked to instruct officers to scope out further work and report back to this PDG prior to any onward decision making.

Discussion took place regarding:-

·         Whether officers had the capacity to carry out the work or would the work be outsourced and if so was there any financial allowance for that?  It was explained there was no financial or officer allowance for any of the work.  Option 3 would place an additional demand on officer’s time in terms of procuring and having oversight of a piece of work which would need to be factored in for an already depleted team having to do further work.   However the Council would be looking at an external consultant to seek professional advice and to carry out the bulk of the work to minimise the impact on officers.  The Council would follow appropriate procurement regulations and requirements and to fully explore where that advice came from to secure best value of public funds.

·         The concerns from members of the public with regard to traffic congestion, safety of very large vehicles trying to pass each other on roads, the danger for pedestrians and that routes for heavy vehicles were not always being observed.

·         Whether more information could be provided in planning applications for anaerobic digester plants which could give Planning Officers or the Planning Committee the ability to decide whether a new capacity would conform to what was already in the Local Plan or not.  It was explained that the Council needed to have a policy basis for any decision making and the capacity and technical competency on behalf of officers to understand what they were being presented with.   In terms of future plan making, anything that the Council understood now would be helpful in supporting future policies in the new Local Plan and that would be taken on board.

·         The possibility of gathering metric data with regards to anaerobic digester plants and information regarding energy generated.

·         An approximate costing for the budget required for the study.  It was explained that although his figure could not be confirmed at the moment a reasonable assessment of the likely cost could be £10,000.  The report to the next meeting of the PDG would include the clarity of costing.

·         Collaboration with other local authorities, organisations and academic bodies and to include that within the recommendations.

It was AGREED that a site visit to an AD Plant (outside of Mid Devon District)  would be organised by the Director of Place and Economy.

It was therefore RECOMMENDED:-

1. To note that the Planning Policy relevant to Anaerobic Digesters is provided through the adopted Local Plan and that further/new policy cannot be introduced through a Supplementary Planning Document (SPD);

 2. That the Cabinet Member for Planning and Economic Regeneration is asked to instruct officers to engage suitably qualified consultants in discussion to determine what could be contained within an advice/guidance note to inform Council work relating to Anaerobic Digester plants, the cost for the production of such an advice note, scope for collaboration with other authorities/institutions and the timetable for completion, and;

3. Once complete, the Cabinet Member of Planning and Economic Regeneration is asked to ensure this information is presented to the Policy Development Group for review and consideration prior to making any recommendation back to Full Council, via the Cabinet.

(Proposed by the Chair)

Reason for the decision

As set out in the report.

Note *Report previously circulated.