Please provide information relating to the Section 106 Agreement (or agreements) associated with the planning permission for the Energy Recovery Facility (ERF) operated by Viridor at Marsh Barton, Exeter (also referred to as the Grace Road site).
1. A full copy of the Section 106 Agreement entered into in connection with the planning permission for the Marsh Barton ERF, including the clause understood to have been inserted by Exeter City Council in 2008 requiring the developers to make “best endeavours to use and market the energy from the incineration process”.
Please refer to this S106 document.
Some information has been redacted in grey. This information is exempt from disclosure under Regulation 13(1) of the Environmental Information Regulations 2004 (Personal Data).
Devon County Council cannot disclose personal information, if releasing it would contravene any of the provisions in the UK General Data Protection Regulation. In this instance, release of this information would contravene the first data protection principle and therefore the information is withheld.
2. A full copy of any subsequent modifications, variations, or discharges of that Section 106 Agreement made under Section 106A of the Town and Country Planning Act 1990, or otherwise.
Devon County Council does not hold this information.
3. Any correspondence, reports, or assessments held by your authority relating to compliance with, or enforcement of, the “best endeavours” obligation (or any equivalent obligation) relating to heat export or district heating from the ERF.
Devon County Council does not hold this information.
4. Any Section 106 Agreement or planning condition associated with the commercial development at Matford Park to the south of the ERF that relates to heat network infrastructure or connection to the ERF.
Devon County Council does not recognise the development names “Matford Park”. By way of assistance we can advise that Devon County Council is the planning authority for waste, minerals and the County Council’s own development. Exeter City Council, (or the district in which it is located) would be the relevant authority for commercial development.
5. The original planning application reference number(s) for the ERF at Marsh Barton, and for the Matford Park development referenced above, to assist in locating associated documents on the planning register.
The Energy Recovery Facility: DCC reference: DCC/2441/2007
By way of assistance, for any commercial development, the District Authority would be the appropriate planning authority.