I am writing to request information I am entitled to under the Freedom of Information Act 2000. I am requesting the following information:
* Any policies and papers, from 1 Jan 2022 to 1 November 2023, stating the percentage of biodiversity net gain your council will require as a condition for planning permission (under the Environment Act 2021) (a) as part of an agreed Local Plan; or (b) as part of a draft Local Plan.
– Individual district councils throughout Devon prepare their own Local Plans, each of which confirms (or will, in the future, confirm) their relevant Biodiversity Net Gain target figure. Each district council should be approached directly to establish their respective positions. However, Devon wide Biodiversity Net Gain guidance has been produced (Devon-BNG-Guidance-at-July-2022.pdf) which refers to a 10% net gain as a ‘minimum’, with district councils then able to request a higher percentage through their Local Plan policies if they so wish.
Devon County Council is responsible for the preparation of Minerals and Waste Plans for Devon, the details of which are available at: Minerals and waste policy – Planning (devon.gov.uk). Neither the Devon Minerals Plan nor Devon Waste Plan provides a percentage net gain but states that “Development proposals will be permitted where they result in a net gain for wildlife proportionate to the nature and scale of the proposal”. However, it should be noted that it is currently unclear how statutory BNG will relate to minerals and waste development, and further guidance from Defra is expected.
* Any polices and papers, from1 Jan 2019 to 1 November 2023, stating whether you have formally declared a nature/ecological emergency.
Devon County Council’s Cabinet recommended the declaration of a Devon Climate Emergency at its meeting of 9 January 2019, with this decision ratified by Full Council at its meeting of 21 February 2019. Whilst specifically referred to as a ‘Climate Emergency’, this embraces many aspects of the closely related ecological crisis. The resolution to support this declaration was agreed in response to a ‘Notice of Motion’, the details and response to which are contained in the Cabinet Report – see item (g) – which is available at: Agenda item – Notice(s) of Motion – Democracy in Devon. Details of the subsequent ‘Devon Climate Declaration’, coordinated by the Devon Climate Emergency Partnership and signed by Devon County Council on 19 June 2019 are available at: Devon Climate Declaration – Devon Climate Emergency. Although less explicit than it ought to be in the wording of this declaration, the Devon Climate Emergency Partnership web site does clarify that local authorities and various organisations in Devon have declared climate and ecological emergencies that the Partnership aims to help Devon reach net-zero, reverse the associated declines to wildlife and ecosystems and prepare for the inevitable risks.
* Any policies and papers, from 1 Jan 2022 to 1 November 2023, containing a target for your area to contribute to protect and manage 30% of land and sea for nature by 2030.
No specific policies or papers are available relating to a Devon contribution to the 30% by 2030 target
* On what date your current Local Plan will be five years old and when you expect a new Local Plan to be agreed.
Please refer to our response to the first question; this information will therefore be held by individual district councils.
However, in relation to the two plans prepared by the County Council, the position is as follows:
• * Devon Waste Plan – the last review was completed in September 2020, so the next will be review (to be undertaken on new procedures) will be due in late 2025.
• * Devon Minerals Plan – this plan was formally adopted in February 2017. A review process is being undertaken at present but has yet to be concluded.