AD owner given five months to clear the site

The owners of an anaerobic digestion (AD) facility at Bready in Co Tyrone have been given 147 days to clear the site and 175 days to cover it in topsoil, after a planning appeal was rejected by the Planning Appeals Commission (PAC) in NI.

The appeal by Assured Energy Ltd related to an enforcement notice issued on 16 August 2019 by Derry City and Strabane District Council, for a breach of planning control at land north of 53 Dunnalong Road.

The development had received planning approval from the Department for the Environment in 2012, however, the council argued that what was subsequently constructed did not conform with the approved plans.

An initial appeal against the enforcement notice in September 2020 failed, with the PAC report finding that four approved storage silos and two AD structures were not built exactly as shown in original plans. In addition, a weighbridge was larger than approved and in a different position, while a combined heat and power plant was one-third larger and also built in a different position. A gas flare and NIE sub-station were also not where originally intended.

None of the changes were granted planning consent by the Council, which rendered the entire development unlawful, stated the 2020 PAC report.

Claim

However, the appellant claimed that the site was “substantially complete” before 16 August 2014, so outside of the five-year period for enforcement action to be taken.

However, an aerial photograph, dated 14 August 2014, was provided as evidence, showing the silos were incomplete and no cover was on the AD plant. The ground for that appeal failed.

Environment

The latest judgement issued on 25 November 2025 mainly considered whether planning permission for the site ought to be granted, following the submission of an environmental statement from the appellant.

In the decision by Commissioner Jacqueline McParland, she looked at a raft of environmental information, including the proximity to designated sites, where digestate is spread and ammonia emissions.

The appellant contended that they had consistently submitted nutrient management plans to DAERA and there has been no action taken by the department in relation to its land spreading operations. They also committed to invest in a Vapogant plant to treat digestate and minimise emissions.

Despite that, Commissioner McParland said the evidence suggested emissions from the facility had contributed to ammonia thresholds being breached at various designated sites.

“I cannot conclude that there has not and would not continue to be significant adverse impacts on the designated sites,” she said.

Targets

The submission from the appellant also argued that the AD plant is an important contributor to meeting NI renewable energy targets and commitments in the 2022 Climate Change Act. However, in her response the Commissioner described the amount of renewable energy being generated as “modest” and said it did not pass the threshold for an exemption clause, which allows some developments to proceed when there are no alternative solutions.

Third party

Other issues raised included third party concerns about the state of existing tanks used to store digestate and whether a concrete slab and slats could safely hold the weight of a tractor. The third party also highlighted the lack of security fencing, uncovered manholes and the lack of a bund around the tanks.

While the appellant committed to mitigation works to fix issues, some question marks were raised around ownership of land around the site and whether landowners would consent to the works.

Feedstock

Meanwhile the Council raised concerns around the feedstock imported onto the site, to include 10,950t annually of silage and 3,285t of lactose from Leprino Foods in Magheralin. The Commissioner agreed with the Council that bringing in lactose did not comply with principles around proximity to resources.

Rejection

In rejecting the appeal, she gave the operators 147 days to “permanently remove” the AD plant, feed unit, combined heat and power plant, office building, weigh bridge, concrete apron, electricity substation and storage tanks. The site is to be covered in top soil within 175 days and sown out in grass within 235 days. The appellants can apply to the High Court for a judicial review.