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4. REVIEW OF STATUS AND MERIT OF LOCAL PLAN WASTE MANAGEMENT POLICIES IN SCOTLAND AGAINST DELIVERY OF AREA WASTE PLAN AND NATIONAL WASTE PLAN OBJECTIVES

Introduction

4.1 This section seeks to:

4.2 In order to achieve the report's aims and objectives, the main requirements of Area Waste Plans are compared to the policies contained within associated Local Plans. By an "effective" policy framework it is recommended that the Local Plan policy should seek to implement the objectives of national guidance, structure plan policy and material considerations such as the National Waste Strategy (as referred to in Appendix 1). The central objective is to support delivery of a move towards sustainable waste management. As set out in Scottish Planning Policy 1 - The Planning System, the role of the local plan is to set out detailed policies and proposals for the development and use of land that should guide day to day decisions in order to exert a positive influence over land use decisions. This would require policies which can provide positive direction to developers and the community on where waste management proposals would be supported in order to deliver an integrated network of waste management facilities.

4.3 To retain focus upon the Area Waste Plan aspect the review relates to the
11 Waste Strategy Area Groupings in Scotland as follows:

Policy Assessment

4.1.1 Both Orkney Islands and Shetland Islands Councils have their own Structure Plan and area wide local plans. The situation in the two island groups with waste management is unique, in that the majority of municipal solid waste is dealt with at an energy-from-waste plant in Lerwick (Shetland) which is used for district heating.

4.1.2 Orkney Islands Council's Structure Plan was approved in 2001, and the island wide Local Plan (prepared in 2002) was adopted in December 2004. The Structure Plan includes a Waste Management Policy requiring compliance with the National Waste Strategy and Area Waste Plan. The Local Plan includes a waste management policy which sets out criteria to be met with all applications for waste infrastructure. These criteria include a requirement to comply with the National and Area Waste Plans. Environmental assessments are sought for all applications to identify the impacts. Locational guidance is provided for new facilities for sorting and treatment of waste directing these to former industrial areas or quarries. The policy also requires such proposals to be carried out within a building or enclosure.

4.1.3 The main thrust of the policy focuses on environmental protection. Whilst compliance with the Area Waste Plan is specifically required, the policy does not explicitly seek to promote waste infrastructure. There is no specific reference to recycling within developments or indeed small scale provision such as mini-recycling. However this may be considered under other development control policies and may not be a major issue given the minor nature of new development activity in Orkney.

4.1.4 Whilst non-municipal waste is not specifically referred to, the policy could be readily used to consider all types of waste infrastructure. An understanding of the importance of dealing with construction waste is recognised within the supporting text.

4.1.5 To conclude, it is considered that the policy could be used to support waste infrastructure where all environmental criteria are met. Whilst there is a lack of direction as to where all types of waste infrastructure should be directed, (other than for facilities for sorting and processing of waste), national guidance could be used to assist in this regard when required. It is also noted that the Orkney Local Plan was initially prepared prior to the Area Waste Plan but still shows a clear understanding of the linkages.

4.1.6 Shetland Islands Council's Structure Plan was approved in 2001 and the island wide Local Plan in 2004. The Structure Plan despite being produced in 2000, includes detailed policies on waste management offering clear support for waste infrastructure which complies with the National Waste Strategy, Area Waste Plan and Best Practicable Environmental Options ( BPEO). The Structure Plan indicates areas where waste management activities will be encouraged and commits the Local Plan to identifying sites for waste management facilities. The supporting text to the policies shows clear understanding of the link between economic opportunities and waste management on the island community. The Structure Plan is to be reviewed during 2005.

4.1.7 The Local Plan similarly contains a commitment to sustainable waste management, devoting a chapter to the topic. The introduction and explanatory text are worth noting for their clarity of expression on the waste management situation in the islands and the Council's aspiration that Shetland continues as a regional waste management centre, with opportunities to increase commercial waste management opportunities maximised.

4.1.8 The link between the Area Waste Plan and planning policies is clearly expressed and the need to identify sites for the major facilities is understood and undertaken by identifying a landfill for domestic and non-hazardous future long term needs. A policy dealing with future potential needs for disposal of clinical waste is also included and potential locations identified.

4.1.9 Whilst the supporting text clearly offers support for both recycling and new waste management proposals, there is no general policy relating to those types of waste management facilities. The policies relate more specifically to site identification for different waste types for residual landfill. This may reflect the situation in Shetland where the majority of waste goes to the energy-from-waste plant with residual landfill sites still required to maintain the islands' self sufficiency.

4.1.10 It is concluded that the policies have been designed for the islands needs, and the spirit and intent of the Local Plan is certainly positive and clear. It is also worth noting that Shetland Islands Council's commitment to waste management was recently recognised by "Eventful Scotland" who awarded the Council the Local Authority Award for their outstanding contribution to Scottish Waste Management for their achievement in diverting waste from landfill and the success of their Energy Recovery Plant and District Heating Scheme.

Relationship to Area Waste Plan

4.1.11 The BPEO in the Orkney and Shetland Area Waste plan is to be delivered by provision of the following indicative facilities:

4.1.12 It is considered that the current policy framework could be used to readily support delivery of these facilities, should applications be forthcoming. Indeed a site for the non-hazardous landfill has already been identified. All policies clearly relate the planning policy to the Area Waste Plan. Provided the sites are environmentally acceptable the planning framework is considered to be both positive and effective despite the lack of detailed criteria within all of the policies.

Policy Assessment

4.2.1 The Western Isles Structure Plan was approved in 2003. The existing local plans were prepared and adopted over a period from 1996-2003, prior to publication of the Area Waste Plan. At present a new local plan for the whole Western Isles area is under preparation. Consequently, there is currently no up to date complete island wide local plan policy framework in place designed to deliver the Area Waste Plan objectives.

4.2.2 However, as a component of the current Development Plan, the Structure plan is a relevant statement of current planning policy. It clearly establishes the positive link between sustainable economic development and Area Waste Plan objectives. By its nature the Structure Plan policy is general. Nevertheless it makes clear reference to the Best Practicable Environmental Option ( BPEO) identified in the Area Waste Plan and notes where the two main existing facilities are located. It also requires the local plan to identify suitable sites for delivery of the BPEO and requires new waste management facilities to accord with the Area Waste Plan as well as environmental criteria. Preparation of the new Local Plan began in 2005. Given the current Structure Plan policy and its identification of the existing main facilities, the local plan should be capable of developing the necessary detail. The local plan should also be able to develop locational criteria to help direct potential developers to the type of locations which may be considered suitable. In the interim, reliance can be placed upon Planning Advice Note 63 to provide locational guidance.

Relationship to Area Waste Plan

4.2.3 The Western Isles Area Waste Plan focuses on waste minimisation and recycling measures, together with developing composting facilities. The unique situation of an island community where the logistics of handling and transporting waste are potentially problematic is recognised, together with the need to try and view and manage waste as a valuable local resource. The BPEO requires the following indicative key features in order to implement its objectives:

4.2.4 Given the development plan context, it is considered that the current strategic planning policy framework for the Western Isles sets a positive context for delivery of the AWP and commits the local plan to develop this policy framework in more detail for the positive consideration of planning applications received for the necessary facilities. Whilst non-municipal waste is not specifically referred to, the general spirit of the policy framework would enable such proposals to be considered. In addition, whilst a policy framework for the design of new development to incorporate provision for recycling is not specifically included, it is considered to be a minor issue given the likely scale of new development in the Western Isles, against the background of the general spirit and intent of the Structure Plan which highlights sustainable communities throughout. It is also an issue which the local plan could address along with locational criteria.

4.2.5 It is also worth noting that the Western Isles Council does not appear to view waste management as a "problem" area, and as in Orkney and Shetland, a clear understanding of the need to take responsibility for waste management is evident in the plans. All of these Islands Councils appear to have produced a waste management policy framework which is tailored to their particular situation.

Policy Assessment

4.3.1 Highland is covered by the Highland Structure Plan approved in 2001, prepared prior to publication of the Area Waste Plan. The Structure Plan includes a chapter on waste management which notes the potential employment opportunities associated with implementing the National Waste Strategy. The Plan includes a number of waste related policies which are generally supportive of waste infrastructure (including Energy from Waste). Worth noting is the inclusion of policies on waste minimisation requiring developers to submit method statements identifying how they intend to minimise and manage waste with their proposals. Policies also presume that waste generated in the Highlands will be disposed of within the Highlands. Despite this presumption, waste from Highland is in the short term currently being exported outwith the area for disposal, as has been noted by Aberdeenshire Council - see later in report.

4.3.2 General criteria to be met by new waste facilities (including all waste types) are set out and it is expressly stated that sites for these facilities will be identified in the Local Plans. The general criteria reflect those of Planning Advice Note 63.

4.3.3 Highland Council are currently reviewing their numerous local plans some of which were adopted in the early 1990s. Three local plans are at different stages of review at present (Inverness, Wester Ross and Ross and Cromarty East). The formal commencement of the review of three other local plan areas (Sutherland, Lochaber and Skye and Lochalsh) will begin shortly. The final two areas (Caithness and Nairn) will follow thereafter, whilst the Cairngorm Local Plan is being taken forward by the Park Authority. The position with plans currently under review is as follows:

4.3.4 The draft Ross and Cromarty East Local Plan has been out to public consultation and the Council are currently considering representations received with modifications prepared and a Local Plan Inquiry set to commence in June 2005. At present the waste management policy states that proposals for Waste Management facilities will be assessed in the context of structure and local plan policies guided by the Area Waste Plan. Proposals for management of commercial and industrial waste will be assessed under criteria set out within the development plan as well as general principles and emerging guidance of the Area Waste Plan. Reference is made to the closure of the Longman landfill site and the need to make provision for industrial and commercial waste, although there is no clarification provided on how this might be achieved. A policy is also included promoting design to facilitate waste management within new development.

4.3.5 The wider policy does not include full locational or directional guidance at present for developers, nor does it set a positive context for promoting waste management infrastructure. It refers to the Area Waste Plan but does not fully build upon the strategic framework set by the structure plan or provide the level of detail, including site identification, which was required by the structure plan policy for certain facilities.

4.3.6 The Scottish Environment Protection Agency ( SEPA) have made representations regarding the content of this policy which were considered in June 2005 at the Local Plan Inquiry.

4.3.7 The Inverness Local Plan is at finalised draft stage and has been the subject of a Public Local Inquiry which concluded in June 2004. The Reporter's findings were made available on the Highland Council website in March 2005. The waste management policy in this plan refers to the BPEO and indicative facilities identified in the Area Waste Plan. It states that these facilities will be largely provided through a Public Private Partnership contract. The policy then goes on to state the same general provisions as the Ross and Cromarty East Plan. There is no clear direction on where the facilities may be promoted either by way of locational or descriptive criteria, or specific site identification. Consequently the strategic structure plan policy has not been fully developed. This waste policy was the subject of an objection by SEPA to the lack of clarity and absence of site identification. This objection was considered at the Public Local Inquiry and the Reporter has recommended that the policy be amended to state that the local plan will identify sites for the sorting, processing (except Energy from Waste) and transfer of municipal solid waste in order to implement the Area Waste Plan with the sites duly safeguarded. Other waste management proposals are to be assessed against structure plan policies and guided by the Area Waste Plan. The Reporter also recommended that recycling provision be made within new residential development equivalent to one recycling point for every 500 houses.

4.3.8 The Reporter also recommended that if the waste management policy is not amended then an alteration to the local plan should be promoted as soon as practicable to identify the sites. Highland Council have now considered the Reporter's findings and officers advise that the recommendations have been accepted and the plan will be modified accordingly. The Reporter's recommendation is of interest for seeking to support policy for implementation of Area Waste Plan requirements at the local level. Other Reporters' findings are now published for Dundee and anticipated later this year for Aberdeenshire - see later in report.

4.3.9 The other plan currently being reviewed is the Wester Ross Local Plan. This Plan was the subject of a Public Local Inquiry in January 2005. It states that waste management proposals will be assessed under the conditions set out in the Structure Plan and in line with the Area Waste Plan. Within supporting appendices it is stated that upgrading of existing and possibly provision of new, transfer stations in Ullapool and Gairloch will be required together with provision of recycling centres and points in a number of villages. The Reporter's findings modifying the Plan were reported to the Council in August 2005 and accepted.

4.3.10 This policy creates a clear link between planning policy and the Area Waste Plan, although it does not specifically promote waste infrastructure as such. The allocations tables and proposals maps specifically identify possible locations, on industrial land, for the facilities. As such the Plan could be used positively by potential developers to provide greater clarity and direction than the other two older plans for Inverness and Easter Ross. Although locational criteria are not specified the general context is reasonably clear particularly given the likely scale of the type of facilities required in this part of the Highlands.

4.3.11 It is also understood that Highland Council are currently working on "Design for Sustainability" which will include advice on designing developments to facilitate sustainable waste management. This guidance, once formalised, will be used in conjunction with the local plans.

4.3.12 In these circumstances it is considered that Highland Council is working towards achieving an effective policy framework for promoting waste infrastructure. However, at present, with the exception of the Wester Ross Plan, there is a lack of clear local plan guidance for developers on possible acceptable locations and development of the Structure Plan commitment that local plans would provide this level of guidance.

Relationship to Area Waste Plan

4.3.13 The BPEO identified in the Area Waste Plan is to be delivered by provision of the following indicative facilities:

4.3.14 Within Highland in general terms, at Structure Plan level, planning policy is capable of supporting waste infrastructure and the move towards recycling and waste minimisation. However due to the timing of the preparation of the Structure Plan it does not relate clearly to the Area Waste Plan.

4.3.15 At local plan level whilst the link to the Area Waste Plan is stated, with the exception of the Wester Ross Plan, the policies may not readily support applications which may be forthcoming. They do not identify sites, as required by the Structure Plan, or develop any more detailed locational criteria. Given that some significant facilities are required (e.g. Energy from Waste Plant, landfill site and Material Recovery Facility) and that there is no overall spirit of support clearly expressed in the plans, this is not helpful to the waste industry or the public.

4.3.16 However, representations made to the Ross and Cromarty East Plan have been considered at the Local Plan Inquiry which may offer an opportunity for clearer direction to be included. The Reporter's decision on the Inverness Local Plan Inquiry is also significant, for policy making in Highland by emphasising the need to develop Structure Plan policies. In preparing to modify the Plan, the Council's response to the recommendations regarding site identification is important for developing the Structure Plan context and helping support delivery of the Area Waste Plan. It should also be noted that Planning Officers have advised that the Planning Service is committed to the delivery of the Highland Area Waste Plan and that partnership working through a strategic options appraisal (with the North East councils of Aberdeen City, Aberdeenshire and Moray) may offer opportunities to deliver development on the ground. Consequently, policy making in Highland may soon be attuned to delivery of the Area Waste Plan objectives.

4.3.17 In the meantime reliance will require to be placed upon the Structure Plan, and national planning policy and advice to help support delivery of Area Waste Plan infrastructure.

Policy Assessment

4.4.1 Aberdeen City and Aberdeenshire are both covered by the same Structure Plan - the "North East Scotland together Structure Plan 2001-2016" approved in 2001.

4.4.2 The Structure Plan recognises the high level of waste generated in the North East and sets the context for a move away from landfill whilst recognising that in the short term landfill will continue to be required. It sets a positive, supportive strategic context for waste management facilities and requires local plans to encourage development which assists waste reduction; identify criteria or where appropriate sites for facilities, as well as setting standards for restoration and aftercare. The supporting text outlines the type of locations which may be suitable for different types of facilities and includes a detailed tiered approach to site selection outlining the preferred areas for landfill and landraise. The co-location of facilities is encouraged and mention is made of Energy from Waste facilities which does not rule out their location outwith normal industrial settings where such smaller facilities are compatible with the Area Waste Plan. Despite pre-dating the publication of the National Waste Plan and the Area Waste Plan it has set a supportive strategic framework for new waste infrastructure.

4.4.3 Aberdeenshire Council's finalised Aberdeenshire Local Plan Public Inquiry concluded with the Reporter's findings sent to the Council in July 2005. This plan covers the whole of Aberdeenshire and replaces a series of outdated, adopted local plans. The Plan includes policies on sustainability which seek to ensure waste is managed as a resource. The Waste Management Policy is positive in spirit, seeking to support development which assists in the move from landfill and specifically requiring compliance with the National Waste Strategy and Area Waste Plan. It adopts a general criteria-based approach and does not identify sites. It does however, in accordance with the Structure Plan, adopt a tiered approach to site assessment for landfill and landraise proposals which outlines the type of criteria and locations, ranging from the protected Tier One areas to the preferred Tier Four areas. It is the Council's intention to map these tiers on their GIS system.

4.4.4 Additionally, the Council intend to develop supplementary guidance to identify existing sites and areas of search for new sites. Further work on this guidance is not progressing until the outcome of the Inquiry is assessed. The issue of site identification was the subject of objection from SEPA at the Inquiry relating to the need to specifically identify sites, the Council maintaining that a criteria-based approach supplemented by guidance was satisfactory. The Reporter has concluded that the Council's policies and intention to prepare supplementary guidance was sufficient to facilitate implementation of the Area Waste Plan.

4.4.5 At the Inquiry stage, as requested by the Reporter, Aberdeenshire Council in response to representations from and in consultation with SEPA, also put forward a policy for the design of new schemes to facilitate recycling. Whilst the Finalised Local Plan policy does not specifically refer to the BPEO as identified in the Area Waste Plan it is generally supportive of the need to promote waste infrastructure to facilitate a move from landfill.

4.4.6 Overall the policies are considered to set a positive context for the consideration of waste management infrastructure and relate to the Area Waste Plan objectives. The Council also recognises the need to further develop guidance on site search to address the type of locations (e.g. industrial, quarries, town centres) considered suitable for different types of facilities. This guidance is currently at a draft stage and it is understood may be finalised dependent upon consideration of the findings of the Public Local Inquiry. Their tiered approach to landfill is also worth noting by providing developers with a framework for site selection.

4.4.7 Finally worth noting in Aberdeenshire is the situation with landfill provision. In their response to the Scottish Executive's initial letter the Council noted that Aberdeenshire landfill capacity had been affected by use of approved landfill by a remote authority (Highland Council). This raises issues of sustainability (a 200 mile round trip is involved to transport waste through two neighbouring authorities) and the current inability of such neighbouring authorities to become involved in this type of strategic planning issue. Aberdeenshire Council therefore suggest that the relevant planning regulations are reviewed so that in such cases consultation with affected authorities is mandatory and if material objections cannot be resolved the issue is decided by the Scottish Executive.

4.4.8 Aberdeen City Council's Finalised Local Plan "Green Spaces - New Places" has been through the initial public consultation stage, officers have now considered representations made, and reported suggested changes to their Committee on 20 June 2005 - the Committee's decision on how to proceed is awaited at the time of writing.. At present the plan's supporting text refers its role in supporting a move to better waste management. Reference is also made to the BPEO. The proposed policy for waste management facilities states that proposals will be considered relative to need, location, viability and other environmental considerations. The tiered approach of the Structure Plan is advocated for landfill and landraise proposals.

4.4.9 The Area Waste Plan is identified as a consideration, although it is not clear if this is simply for proposals for energy recovery. The supporting text suggests that two Energy Recovery facilities be provided. The policy text explicitly states that only developments using new technologies such as gasification and pyrolysis will be accepted, also that they should include combined heat and power together with a material recycling facility.

4.4.10 Policies for both general recycling and provision within new developments are supportive, including wording to support recycling and reclamation facilities. It is stated that waste management sites will be identified although this is not clear on the proposals map. It is understood that the original intention was to identify possible sites for an energy from waste facility.

4.4.11 There are no specific locational criteria within the policy itself, other than for landfill, but the supporting text makes reference to the type of locations suitable for various waste management facilities.

4.4.12 Although the general thrust of this draft Local Plan policy is supportive, it lacks a clear reference to the role of the Area Waste Plan, with locational criteria not clearly expressed within the policy. It is understood from officers that the suggested changes to the Local Plan seek to provide more detailed locational criteria, site identification and a clear reference to the Area Waste Plan.

4.4.13 Whilst, together with the supporting text and the Structure Plan policy, the draft local plan policy could be used to promote sustainable waste management proposals, it currently lacks a degree of clarity and clear guidance for siting new development. However as noted above the opportunity exists and is currently being developed, for the wording to be improved to provide more clarity.

4.4.14 Moray Council's development plan includes both the Structure and Local Plan in one document. It dates from 2000 prior to publication of PAN 63, the National Waste Plan and the Area Waste Plan. The Structure Plan requires that a strategy be devised to promote sustainable waste disposal. It therefore sets the scene for future reviews to develop waste management policies further.

4.4.15 The Local Plan policy generally seeks to promote the sustainable disposal of waste and sets out criteria for landfill sites to meet. The policy is a general one, again prepared prior to the development of more specific national planning guidance and the Area Waste Plan.

4.4.16 The entire plan is due to be reviewed with a view to preparing a consultative draft in 2005. Work commenced in February 2005 on initial stakeholder consultation. (The review was delayed awaiting revised national legislation on strategic planning which has not been forthcoming). The local plan review will afford the opportunity to develop the waste management policies and criteria. In the meantime, however, the current general and industrial policies in the plan and national guidance would require to be used to permit positive consideration of waste infrastructure proposals.

4.4.17 Moray Council has recognised that the Area Waste Plan currently does not deal with non-municipal waste and this important area will have to be further considered.

Relationship to Area Waste Plan

4.4.18 The Area Waste Plan for the North East identified the following main indicative facilities to deliver the BPEO:

4.4.19 The current local plan policies - which are at different stages of development - could to a degree be used to deliver these facilities (if applications came forward) by using a combination of the existing Local and Structure Plan policies. There is general support for waste infrastructure which would support the move away from landfill.

4.4.20 Importantly, specific site identification and/or criteria for the large facilities (i.e. the material recycling facility and the energy from waste plant) have not been included although there is a clearly expressed criteria-based approach to landfill proposals within the Aberdeen City and Aberdeenshire areas which could be used to assist developers with site identification.

4.4.21 The opportunity exists to develop the planning policy context for major facilities within the current consultative stage of the Aberdeen City Local Plan. (Furthermore it should be noted that the current policy framework was used to support a recent planning application for a materials recycling facility at Altens with the energy from waste part of the application refused). Similarly the forthcoming review of the Moray Local Plan provides an opportunity to develop a clear framework to support composting facilities, recycling etc.

4.4.22 The outcome of the Reporter's consideration of the finalised Aberdeenshire Local Plan waste policies has helped to clarify the level of detail considered appropriate for Aberdeenshire's planning policies and may assist the remaining authorities within this Waste Strategy grouping, in particular Aberdeen City who are covered by the same Structure Plan, to develop their emerging Local Plan policies.

Policy Assessment

4.5.1 Both Dundee and Angus Councils are covered by the Dundee and Angus Structure Plan - approved October 2002. Both Councils are at an advanced stage of preparation of new area wide local plans.

4.5.2 The approved Structure Plan was written prior to publication of the Tayside Area Waste Plan. However, the Structure Plan policy specifically seeks to achieve self-sufficiency in waste management within Tayside and requires new waste facilities to accord with the BPEO as set out in the Area Waste Plan. It also requires Local Plans to establish a policy framework and locational criteria to guide the development of waste facilities and, where appropriate, specify sites. A clear strategic framework has therefore been established.

4.5.3 Angus Council's finalised draft Local Plan was published in February 2005. Waste management issues set out in the consultative draft have been further developed in the finalised draft plan. The supporting text gives a clear background of the waste management situation in Angus, outlining the need to move towards more sustainable methods of waste management. The proposed policies now set out the circumstances where proposals for both municipal and non-municipal waste proposals will be supported, requiring municipal waste proposals to assist delivery of the Tayside Area Waste Plan. A sequential tiered approach to consideration of landfill development is proposed, similar to that of Aberdeenshire Council.

4.5.4 Policies are also included to promote recycling facilities (including identified centralised composting at Lochhead Landfill and community recycling facilities to serve Carnoustie and Monifeith) together with a requirement for new retail, business and residential developments to include suitable recycling provision.

4.5.5 The proposed policies do not specifically indicate the type of locations where development may be located or promote specific sites (other than the centralised recycling facilities) or industrial locations. However there is support for delivery of the Area Waste Plan and the policies set out criteria to be met by new proposals.

4.5.6 Finally, Council officers have advised they are involved in discussions with SEPA regarding expanding the policies to ensure they provide a robust planning framework for all proposed waste management facilities. They intend to prepare modifications accordingly for further consideration by the Infrastructure Services Committee.

4.5.7 Dundee Council's finalised Dundee Local Plan has been through a Public Local Inquiry, and the Reporter's findings have now been reported by the Council with modifications currently being advertised. ( SEPA objected to the wording of the original waste management policies and to the lack of a policy on waste management provision within new developments).

4.5.8 The original waste management policy basically repeated the general provisions of the Structure Plan, and similarly to Angus Council, stated that new infrastructure would only be supported where it accorded with the BPEO as set out in the Tayside Area Waste Plan and against other environmental criteria. The supporting text recognised that a more specific planning policy framework and locational guidance was required, and indicated this may be incorporated as supplementary guidance. A timescale for this was not stated although it is understood that work was underway.

4.5.9 However during the course of the Public Inquiry, the Council and SEPA agreed a revised form of wording to overcome SEPA's concerns and this was considered by the Reporter. The revised wording stated that sites would require to be identified for a number of facilities to implement the Area Waste Plan. Supplementary guidance would be produced as a matter of priority to set out the more detailed requirements for the provision and location of facilities. This would include guidance on provision of recycling facilities within new residential and commercial developments and criteria to guide the siting of mini-recycling points. Waste minimisation would also be encouraged and the provision of waste management facilities in general economic development areas would be accepted subject to compliance with various criteria. Finally, key waste management sites would be safeguarded in accordance with the Area Waste Plan.

4.5.10 The Reporter recommended that these amendments be incorporated within the modifications and the Council has accepted this recommendation and is now proceeding to advertise the modifications.

4.5.11 If these modifications are duly accepted as policy and the supplementary guidance produced then the Dundee Local Plan will have successfully developed the more strategic Structure plan policy by setting out clear locational guidance and providing support for waste management proposals to enable delivery of the Area Waste Plan.

4.5.12 Again, as is the case with Highland Council (Inverness Inquiry) the Reporter's consideration of waste management issues, is of interest for supporting the development of clear planning policy and supplementary guidance. Together with the Inverness Inquiry, the Dundee Inquiry has indicated that the Reporters' Unit has supported the need for local plans to develop policies and guidance which will enable implementation of the Area Waste Plans and, in these two cases, indicated that site identification is appropriate.

4.5.13 Perth and Kinross Council are covered by the Perth and Kinross Structure Plan, approved in 2003. It contains a waste management policy which seeks to support a move away from the dependence on landfill and promote regional self-sufficiency in the Tayside Waste Plan Area. The Structure Plan requires local plans to establish a policy framework and location criteria to control and direct the development of waste management facilities. Aside from environmental criteria it requires development to accord with the Area Waste Plan. This sets a reasonably clear strategic context.

4.5.14 At present there are six local plans covering the Perth and Kinross area. The Council are in the process of reviewing these plans.

4.5.15 The Kinross Local Plan has been through a Public Local Inquiry and was adopted in 2004. (Waste was not raised as an issue at the Inquiry). It includes a general policy on sustainable development which requires new development to minimise the production of waste. In common with other local plans it does not elaborate on how this may be achieved. More specifically the waste management policy, although entitled "Waste Disposal/Landfill", relates principally to proposals for landfill and requires compliance with need and environmental criteria. It does not refer to the Area Waste Plan nor the National Waste Strategy. The policy is negatively worded, stating that proposals will only be accepted when they comply with certain criteria. It also refers to dealing primarily with waste generated in Kinross-shire. Although this plan was prepared prior to the publication of all of the current waste guidance and plans, other authorities (such as Shetland) have made clear reference to forthcoming Area Waste Plans.

4.5.16 At present, therefore, there are no clear waste management policies within the Kinross Plan to promote waste infrastructure or the objectives of the Area Waste Plan.

4.5.17 The Perth Area Local Plan was published as a first Consultative Draft in early 2005. The plan identifies a strategic site at Binn Farm for the recovery, management and disposal of waste and includes a policy to provide positive support for local facilities to recycle waste. It sets out criteria to be met by civic amenity/recycling facilities. However the main waste management policy does not provide positive support for new infrastructure; set out locational guidance or require compliance with the Area Waste Plan. There is no policy regarding provision for recycling within new developments. It does not therefore currently develop the policy framework as required by the Structure Plan policy.

4.5.18 In these circumstances it is considered that there is presently no local plan framework in Perth and Kinross to clearly guide the development of waste infrastructure. In the meantime and until the policies of the draft Perth Area Local Plan are developed, reliance would therefore require to be placed upon the Structure Plan policy and national guidance/policy.

Relationship to Area Waste Plan

4.5.19 Within Tayside the DERL Energy from Waste Plant, located in Dundee, presently deals with municipal waste. The aim of the Area Waste Plan is to progressively ensure that this plant only deals with wastes that cannot be re-used or recycled and are combustible. With this in mind the Area Waste Plan BPEO has identified that the following indicative facilities will be required:

4.5.20 Within the Tayside Area the strategic context exists to support the delivery of these facilities with a clear connection made by both Structure Plans to the Area Waste Plan.

4.5.21 The finalised Angus Local Plan provides locational criteria for landfill proposals and requires all waste infrastructure facilities to comply with the BPEO and Area Waste Plan, which could therefore support new proposals, including a new landfill site, should any applications be forthcoming. It also provides some commitment to encourage waste infrastructure, identifies locations for composting facilities and promotes recycling. Although it lacks clear locational criteria for non-landfill developments, with some development of the policies it is potentially capable of being used to help support delivery of Area Waste Plan objectives.

4.5.22 The finalised Dundee Local Plan, with its proposed modifications provides support for new facilities which accord with the BPEO and could be used, in principle, to help deliver these facilities. It is also intended to produce more detailed supplementary guidance to assist developers with site search, which will also help deliver the BPEO, dependent upon progress with this guidance.

4.5.23 In Perth and Kinross the review of local plans is not so well developed. At present the local plans do not readily support delivery of the BPEO. It is hoped that the ongoing reviews will seek to address this more fully.

4.5.24 Until the Local Plan reviews are progressed to a conclusion, there is currently a lack of positive policies to support the implementation of the Tayside Area Waste Plan, although there are now clear indications that policy making is moving towards positive resolution. In the meantime however reliance will have to be placed upon the Structure Plans and national planning policy and advice.

Policy Assessment

4.6.1 Clackmannanshire and Stirling Councils are covered by the same Structure Plan - The Stirling and Clackmannan Structure Plan approved in 2002. It was prepared prior to the development of the Area Waste Plan and contains an interim waste management policy which is intended to guide the consideration of waste management proposals until publication of the Area Waste Plan. This interim policy requires "need" to be assessed relative to the National Waste Strategy and emerging Area Waste Strategy. It provides locational guidance, directing larger scale waste management facilities to existing waste management sites or general industrial areas. Consideration of waste reduction, restoration and proximity to transport links is also required. In the supporting text it is noted that the Area Waste Plan and Local Plan process will be used to consider solutions to promote a move from landfill. Existing landfill sites for both inert and non-inert waste are noted. It is understood that a review of this Structure Plan may soon be forthcoming.

4.6.2 It is considered that this Structure Plan forms a positive strategic framework for consideration of waste infrastructure and for the further development of local plan policy.

4.6.3 Stirling Council's adopted Stirling Local Plan pre-dates this Structure Plan and contains no effective waste management policies. Following production of the Structure Plan an alteration to the local plan was promoted and has been through a Public Local Inquiry. This alteration did not address waste management policy. Stirling Council are now considering another Local Plan relating to development of a new community and this may also consider the issue of waste management within the community. It is understood that there is no current proposal to review waste policies, with the Structure Plan presently representing the most relevant Development Plan document.

4.6.4 Stirling Council, together with Clackmannanshire and Falkirk Councils, through the Waste Strategy Area Group, have produced a Supplementary Development Advice Note on "Managing Waste in Housing and Commercial Developments". This advice note provides guidance for developers on how to design schemes to promote waste minimisation and recycling. It provides detailed advice on criteria for provision for composting; mini-recycling sites; kerbside collection and waste management plans to assist potential developers to plan properly for these facilities.

4.6.5 Also worth noting is a refusal in 2003 by Stirling Council for the development of a Waste Materials Recycling Centre on Lower Polmaise beside the Council's landfill site, Fallin. This decision was upheld on appeal on road safety grounds. In all other respects the appeal was supportable for its compliance with the Area Waste Plan, National Waste Strategy and Interim Structure Plan policy. This, (as with the Argyll and Bute composting applications - see later in report), indicates that, in the absence of up to date local plan waste management policies, it is possible for a planning authority to seek to support waste infrastructure using national policy/guidance and strategic policies.

4.6.6 It is concluded that at present there is not a positive local plan policy framework for waste management in Stirling. Reliance is therefore placed upon a Structure Plan policy produced prior to preparation of the Area Waste Plan. Whilst it does provide reasonably clear general criteria for waste infrastructure it is purely an interim policy, recognised as such at the time. However, there does not seem to be a current intention by Stirling Council to seek to develop their local plan waste management policies.

4.6.7 Clackmannanshire Council is covered by the same Structure Plan as Stirling Council. They have, however, developed this strategic context within their adopted area wide Local Plan. The supporting text outlines the current context of waste management in Clackmannanshire noting that the current Council-operated landfill site at Black Devon is due to close in 2004. This text clearly explains the relationship to the Area Waste Plan and advises that there is a continuing appraisal of possible sites in Stirling and Clackmannanshire to accommodate the major waste management facilities. It is noted that a site at Manor Powis has been identified as a possible location.

4.6.8 The policy itself does not, however, specifically safeguard the Manor Powis site. It seeks to support waste minimisation, recovery, reuse and recycling initiatives where they comply with other development plan policies. It explicitly states that " proposals for waste treatment and disposal facilities will be considered premature until the Area Waste Plan and Subject Plan or Local Plan Alterations are in place."

4.6.9 In policy terms this wording does not permit positive consideration of any new waste treatment infrastructure until agreement is reached on the Area Waste Plan. However now that the Area Waste Plan is agreed it could be inferred that applications for waste infrastructure which comply with the Area Waste Plan could now be supported. Other than this, the policy itself does not provide clear direction in either locational criteria or site specific terms for the waste industry to work to. Again reliance needs to be placed upon the Structure Plan and national policies with no immediate prospect of clearer local policies being forthcoming.

4.6.10 Other waste management policies within the Clackmannanshire Plan relate to recycling within new supermarket and flatted developments, and restoration requirements for waste development.

4.6.11 Falkirk Council has its own Structure and Local Plan. The Falkirk Structure Plan was approved in May 2002. One of its key objectives is the need to ensure sustainable waste development in the area and the role of the provision of waste management/recycling facilities as a factor to be addressed in design concept statements for major developments. Waste management policies state that provision will be made for the range of facilities required to meet the needs identified by the National Waste Strategy and Area Waste Plans, subject to clearly expressed criteria which presume in favour of the move from landfill and clarify where new developments should be directed (i.e. to existing waste management sites or general industrial areas). The Plan also clearly expresses the role of landfill noting there is ample landfill capacity in the Falkirk area whereby policy will presume against new landfill sites. It does, however, acknowledge this will require review.

4.6.12 The Falkirk Structure Plan sets a very clear strategic policy framework and context for waste management in the area. An alteration to this Structure Plan has been submitted to Scottish Ministers for approval with the period for public representation expiring on 29 April 2005. This alteration includes further updating of the waste management section and covers identification of a strategic site at Avondale.

4.6.13 Following on from the approved structure plan a consultative draft Falkirk Local Plan was produced in November 2003. It is understood that the finalised draft Local Plan will be placed on deposit for formal public consultation once the Structure Plan alteration is approved. The supporting text to the waste management policies clearly relates to the Area Waste Plan and explains the requirement to identify and safeguard a site at Avondale, Polmont for future landfill expansion. Further policies set out locational criteria to direct large scale waste management facilities to locations within or adjacent to existing waste facilities, and to general industrial areas. Consideration of environmental criteria is also required. It is noted in the supporting text that small scale facilities are likely to be acceptable in a range of locations. Policies on waste reduction within new developments are also included and mention made of the preparation of associated supplementary guidance. These policies at present do not specifically refer to compliance with the Area Waste Plan although the Structure Plan does this.

4.6.14 It is considered that the planning policy framework in Falkirk is more developed and more clearly expressed than within the remainder of the Waste Strategy Area. The policies provide guidance to developers on the type of locations which may be acceptable and also identify a suitable site for a major facility. Whilst the policies do not explicitly encourage new waste infrastructure their content would enable support of planning applications and help clarify suitable locations. The supporting text at both Structure and Local Plan level very clearly sets all the context for a move away from landfill and how this might be achieved.

4.6.15 Finally, it is worth noting that planning consent was recently granted for a Materials Recycling Facility at Avondale and an application to extend the Avondale landfill site is currently being considered.

Relationship to Area Waste Plan

4.6.16 The BPEO of the Area Waste Plan is to be delivered by provision of the following indicative infrastructure:-

4.6.17 This BPEO does not require major infrastructure as such, other than the Materials Recovery Facility and landfill expansion. Whilst both Stirling and Clackmannanshire Councils have not fully developed their Local Plan policies (and rely upon structure plan and national policies) Falkirk Council has developed clear policies and site identification which is capable of supporting delivery of the larger facilities.

4.6.18 The supplementary guidance developed jointly by all Councils for the management of waste within housing and commercial development will greatly assist in delivery of the improved collection systems. General policies should also be able to support the provision of composting facilities.

4.6.19 It is therefore considered that a reasonable policy framework is in place within the Forth Valley Area, although both Stirling and Clackmannanshire Councils policies could be further developed to better complement those of Falkirk. A timescale for achievement is not in place.

4.6.20 Planning issues could also arise when planning applications come forward for treatment of non-municipal waste given the lack of a supportive local plan framework and context.

Policy Assessment

4.7.1 The Fife Structure Plan was approved in 2002 and is under review at present with an initial Draft Structure Plan - "Fife Matters" now published for consultation. The Structure Plan was approved whilst the Area Waste Plan was being produced. The structure plan included an interim strategy to take forward the principles of the National Waste Strategy and the emerging Area Waste Plan in order to guide decision making until the Area Waste Plan was approved. The structure plan seeks to promote sustainable waste management and notes that there is currently adequate landfill provision in Fife and therefore contains a policy presuming against landfill, other than for agricultural improvements. A specific opencast coal site at Westfield is safeguarded from any development which would prejudice its future strategic sustainable waste management potential.

4.7.2 A policy is included providing support for new waste management facilities which accord with the BPEO, National Waste Strategy and Area Waste Plan. A very clear, supportive strategic context is therefore in place in Fife.

4.7.3 The consultative draft Structure Plan - "Fife Matters" includes policies which further develop the principles of the approved Structure Plan waste policies. Strategic waste management policies are proposed which identify one strategic site and require future local plans to identify another one. The type of facilities to be provided is set out. Clear reference is made to the Area Waste Plan. Again, clear support is offered for waste management facilities on, or close to, existing waste management sites, industrial sites or on brownfield/contaminated land providing the developments meet a number of criteria including compliance with the National and Area Waste Plan, the National Waste Strategy and environmental criteria.

4.7.4 Fife Council is currently moving towards preparation of three local plans to cover the whole area. These will replace the current series of ten local plans which are of varying ages and status. The Council states that the more recent of these adopted plans make reference to the National Waste Strategy and Area Waste Plan as material considerations. However, it is intended that the replacement plans will develop a more detailed spatial strategy and policy framework to address potential locations for facilities. This will build upon the clear strategic, supportive policy framework for sustainable waste management set by the approved Structure Plan.

4.7.5 Owing to the stage that Fife Council had reached in embarking on new replacement plans, they did not therefore consider it expedient to bring forward alterations to current plans to address waste management fully, when the emerging plans could do so.

4.7.6 The replacement plans went out to public consultation in February 2005. The intention is that these will be slimline documents including "core" Local Plan policies. These policies include provision to identify and safeguard key waste management sites in line with the requirements of the Area Waste Plan. They include support for new waste infrastructure on sites such as general industrial areas or brownfield sites. Criteria to be met are set out including compliance with the Area Waste Plan, National Waste Plan and National Waste Strategy. The supporting text explains that existing employment areas may be suitable locations for waste management facilities. There are also policies to promote waste minimisation and design to facilitate waste recycling and separation for all new development included within the general development control policies.

4.7.7 The current waste management policy framework in Fife is assessed as a very clear and supportive strategic framework at Structure Plan level. This now appears to be following through to emerging local plan policy. Furthermore, as part of the development plan, the Structure Plan policies can in the interim be used to support waste infrastructure applications. Policy direction for the design of new developments to support segregated waste collection etc. is also now being developed at local plan level.

4.7.8 Given the positive context set by the Structure Plan, the forthcoming local plans should be readily able to follow through with clear, local policies and the initial draft core policies indicate that there is a local plan commitment to provide directional guidance and support for waste management proposals.

Relationship to Area Waste Plan

4.7.9 The Area Waste Plan with no new sites planned, identifies two landfill sites in the area which accept municipal waste. Emphasis is placed upon kerbside collection and composting to minimise waste. The indicative facilities considered necessary to deliver the BPEO are as follows:-

4.7.10 It is considered that in general terms the current policy framework in Fife - albeit at Structure Plan level - could already be used to support planning applications for the facilities noted above owing to its clear reference to the Area Waste Plan. The safeguarded Westfield site could potentially be used - in policy terms - to help support any application for a significant facility, subject to compliance with environmental criteria.

4.7.11 There is a commitment by the Council to further develop these policies. Provided progress on the new Structure Plan and replacement plans is maintained, it is considered that in the future a very clear policy framework to support delivery of the AWP could emerge, provided this tackles the issue of site identification and detailed locational criteria, particularly for any heat and power facility, which is likely to be the most contentious aspect of the BPEO. The indications in the new core policies are that the Council is intent on developing the strategic policy framework in a positive manner. However, until these policies reach finalised draft stage there is a lack of a clear local plan policy framework, so reliance will require to be placed upon Structure Plan and national policies to help deliver these objectives. However, as in Tayside, the situation is moving towards resolution.

Policy Assessment

4.8.1 All of the Lothian Councils are covered by the same Structure Plan - the Edinburgh and Lothians Structure Plan which was approved in June 2004. Its waste policies were the subject of representation by SEPA and duly considered by the Scottish Ministers. The strategic waste management policy specifically states that proposals meeting the Best Practicable Environmental Option ( BPEO) of the Area Waste Plan will in principle be supported. It requires local plans to identify existing and proposed waste management sites or to contain policies to meet the Area Waste Plan capacity and infrastructure requirements. Such policies should follow the principles of sustainable waste management and accord with other environmental policies of the Structure Plan. The supporting text to the Structure Plan policy clearly sets out the relationship to the Area Waste Plan, the need to support the infrastructure to deliver the AWP's BPEO and includes reference to the type of locations considered acceptable for waste infrastructure.

4.8.2 In these circumstances it is concluded that a strategic framework relating planning policy to Area Waste Plan objectives has been established which commits local plans to developing this further.

4.8.3 West Lothian Council placed its finalised West Lothian Local Plan on deposit in May 2005 for public comment. This Plan supersedes the earlier draft plan which was prepared prior to publication of the Area Waste Plan and the current Structure Plan. This Finalised Plan now contains a range of waste management policies to accord with the provisions of the Area Waste Plan.

4.8.4 The explanatory text to the policies now clearly identifies that waste is a resource to be managed, providing a positive context for the development of policies. The revised policies now outline the circumstances where waste management proposals will be looked on favourably, directing development to general industrial land identified in the Local Plan, subject to being assessed against various policy criteria. These include compliance with Area Waste Plan principles for municipal waste and consideration of National Waste Strategy and National Waste Plan objectives for non-municipal waste. These general criteria also refer to consideration of areas of derelict, contaminated or despoiled land. Additional information is provided in development control criteria. The policy also includes specific reference to supporting civic amenity sites and recycling points in town centre locations.

4.8.5 Some existing sites are identified in the text and there is a specific policy safeguarding the continued operation of waste management sites. A strategic waste management site at Caputhall Road, Livingston has been identified and safeguarded by policy for an integrated waste management facility. The need for new community recycling facilities in Broxburn and the south west part of the district has been identified and explicit support provided within policy subject to meeting the policy criteria outlined before.

4.8.6 Policies are also included to support waste minimisation and recycling within the design of new housing, industrial, commercial and business development with a commitment made to producing supplementary planning guidance to assist in this regard.

4.8.7 It is also worth noting a final unique policy which related to the requirement for operators to finance a compliance officer to monitor the site operations for minerals and waste disposal proposals.

4.8.8 This Finalised Plan clearly makes the link between employment opportunities and waste infrastructure, provides criteria for all waste management proposals including landfill and promotes proposals to recycle waste. It now contains the degree of policy direction required to positively support all waste infrastructure, develops the principles of the Structure Plan and refers to the provisions of the Area Waste Plan.

4.8.9 Midlothian Council has two adopted Local Plans, the Shawfair Local Plan and the Midlothian Local Plan, both prepared prior to publication of the Area Waste Plan and the current Structure Plan. The Midlothian Local Plan seeks to promote the move from landfill and states that the Council is considering the establishment of a Waste Management Complex at Drummond Moor which may also need to accommodate additional landfill capacity for residual waste. If this is achieved then another existing landfill at Oatslie could be used for commercial waste. This intention is explicitly expressed in a policy identifying the Drummond Moor site. The Plan's supporting text also outlines where the existing landfill sites are located.

4.8.10 The Plan contains a policy entitled "sites for waste disposal" which sets down criteria for new or extended landfill sites relating to need and environmental issues. There is no specific policy for other waste infrastructure which could be used positively to support such proposals or to help direct developers to suitable locations. The policy does however seek to presume against further landfilling in order to support a move away from landfill.

4.8.11 There is a policy for the promotion of recycling facilities at large supermarket sites and within new housing developments of more than 250 houses. The supporting text states that recycling of demolition materials within new developments and salvaging of items will be encouraged although there is no specific policy to reinforce this intent. The Shawfair Local Plan contains similar policies for recycling.

4.8.12 The approval of the Edinburgh and the Lothians Structure Plan means replacement local plans require to be finalised by the end of 2005. Midlothian Council has advertised its intention to review both of its adopted local plans and replace them with a single area wide plan. Public consultation is now taking place. The Finalised Draft Local Plan is expected to be published in late 2005 or early 2006. The initial issues leaflet which formed the basis of the public consultation identified waste management as an issue and the need to reduce dependence on landfill. It posed the question of where waste management facilities such as waste treatment, transfer and civic amenity could be located in Midlothian and suggested two possible sites for discussion, Oatslie and Millerhill Marshalling Yards.

4.8.13 In the interim the Structure Plan could be used to support applications which conformed with the Area Waste Plan whilst the existing local plan policies could be used to promote recycling within new developments. There is a clear policy framework for landfill and identification of a site for major waste infrastructure. The current local plan framework lacks clear guidance for developers on where sites for smaller waste infrastructure may be acceptable. However the requirement to review these local plans by the end of 2005 provides an opportunity to develop waste management policies which help deliver the Structure Plan objectives.

4.8.14 East Lothian Council's adopted local plan predates the publication of the National Waste Plan, Area Waste Plan, PAN 63 and the Edinburgh and the Lothians Structure Plan. As such it does not fully take into account sustainable waste management principles. The replacement finalised East Lothian Local Plan went on deposit in August 2005.

4.8.15 The adopted Local Plan emphasises the need to promote recycling with its waste management policy relating to a requirement for new supermarkets and housing developments of more than 50 houses to provide an appropriately located recycling facility with details of the type of provision outlined. Although the supporting text to the policy mentions that incineration with energy recovery is a possible waste management alternative, there is no policy reference to this or any other types of waste infrastructure. The supporting text also describes the facilities currently available in the area particularly the ability of the South Quarry site at Oxwellmains, Dunbar to serve the future landfill needs of both the East Lothian area and Edinburgh City.

4.8.16 Proposals for a waste transfer station and community recycling centres are included in the finalised East Lothian Local Plan. It is the plan's policy to protect an existing waste treatment and disposal site at Oxwellmains from development that would restrict its continued operation. The supporting text is worded positively to support all waste disposal proposals that meet the proximity principle provided an operational need exists and the environment is safeguarded. The plan will help deliver the requirements of the Area Waste Plan and National Waste Strategy together with developing the Structure Plan context. Like West Lothian and Midlothian Councils and along with all other planning authorities in the Lothian and Borders area, East Lothian planners are maintaining a dialogue with SEPA and their neighbouring authorities. They also participate in strategic options appraisals for major waste infrastructure with the other local authorities and this process may assist in identifying potential sites within the local plan.

4.8.17 In the meantime, as with the other Lothian councils, there is currently a lack of a positive local plan framework to support new waste infrastructure and reliance will require to be made upon the Structure Plan policy together with national planning policy and advice.

4.8.18 The City of Edinburgh Council is also updating its local plans. The adopted local plans were prepared prior to the publication of the National Waste Strategy and do not reflect the principles of sustainable waste management. The intention of the Council is to prepare an Edinburgh City Local Plan to replace the four local plans which cover the urban part of the area. It was hoped that a consultative draft would be available for comment around May 2005. An initial project brief has been the subject of consultation and this identifies an integrated waste management strategy as one of the work packages to be addressed. This Plan will require to comply with the Structure Plan policy. It is also worth noting that the finalised South East Edinburgh Local Plan has been to Public Local Inquiry and its waste management policies will remain relevant until the new plan is progressed. The only waste policy relates to the promotion of environmentally acceptable forms of energy and waste facilities such as combined heat and power district heating schemes.

4.8.19 Work is also well underway on the Rural West Edinburgh Local Plan which is now at the Public Local Inquiry stage. This Plan includes a chapter on Minerals, Renewable Energy and Waste Management. The supporting text outlines the existing waste management arrangements for the City which relate to transporting waste to Oxwellmains, Dunbar for landfill and using a recycling facility at Granton outwith the Rural West Edinburgh Local Plan area. Commercial waste is disposed off outwith the City too. This text outlines the need to move away from landfill and to help deliver the BPEO of the Area Waste Plan to conform to the new Structure Plan policy. It also recognises that, as the City generates the most waste in Lothian and Borders, it should accommodate a reasonable proportion of the new waste infrastructure required subject to environmental and amenity considerations. The role of the Health Board in assessing public health issues is noted together with the need to consider siting relative to transport infrastructure.

4.8.20 The policies provide explicit support for a waste management hierarchy with proposals to recover and reuse waste to be supported, subject to no adverse environmental impact. Constraints upon waste management proposals are outlined and these relate to environmental and health considerations. Preferred locations are not identified nor are there any criteria included to help direct the waste industry to suitable locations. An additional policy for landfill/landraise supports such proposals only where they restore degraded land and meet environmental criteria. There is also a policy safeguarding land around existing waste disposal sites from development.

4.8.21 The proposed policies whilst offering support for waste infrastructure do not offer clear locational guidance for developers, nor do they relate specifically to the provisions of the Area Waste Plan other than in the supporting text. Design of new developments to facilitate waste management is not included. However these policies could be used in conjunction with the Structure Plan policy to positively support waste infrastructure proposals.

4.8.22 It is also worth noting that City of Edinburgh Council have produced draft supplementary guidance on the siting of domestic and trade waste containers, plus supplementary guidance on site planning for sustainable development.

4.8.23 Scottish Borders Council has its own Structure Plan approved in 2002 and is currently preparing a local plan which will require to accord with structure plan policy. It contains a section on waste management which refers to the objectives of the National Waste Strategy and the new approach to sustainable waste management, moving away from landfill. This supporting text also refers to the forthcoming preparation of the Area Waste Plan, and notes that any changes to the waste management needs of the area will be dealt with by alterations to the Structure Plan or within the review of the local plan. The shortage of landfill capacity is noted. The Structure Plan policy requires that local plans make provision for waste management facilities and in both identifying sites and assessing applications it commits the Council to paying regard to the National Waste Strategy, Area Waste Plan and the objective of sustainable waste management, environmental considerations and amenity.

4.8.24 The Local Plan is at a consultative stage and the Council are considering all representations received with a view to producing a finalised plan for comment later in 2005. The waste management policies currently simply repeat the provisions of the approved Borders Structure Plan policy. This policy required when identifying sites and assessing waste management facilities to pay regard to the National Waste Strategy, Area Waste Plan, objectives of sustainable waste management and environmental considerations. Whilst this relates planning policy to the Area Waste Plan it does not provide positive encouragement for facilities nor any clear direction as to where facilities might be acceptable. There is no provision to ensure new developments are designed to facilitate waste management.

4.8.25 The Council planners recognise that the policy requires to be developed and in common with the other local authorities in their waste strategy area they are working together to try to formulate clearer waste management policies to support delivery of the Area Waste Plan. In the meantime however in the Borders, decision making will continue to require to rely upon the provisions of the new Structure Plan and national planning policy and advice.

Relationship to Area Waste Plan

4.8.26 The Area Waste Plan's BPEO seeks to promote waste minimisation and recycling and to provide the necessary facilities. It is also noted that there is a need to undertake further research into new and advanced recovery technologies such as gasification, pyrolysis and anaerobic digestion with a view to reviewing the inclusion of such facilities within the Area Waste Plan by 2007. The indicative facilities identified by the BPEO are as follows:-

4.8.27 It is considered that because the Area Waste Plan does not clarify what type of major new infrastructure/technology is to be provided, together with the lack of clarity on landfill needs, that the Planning Authorities have arguably not been given clear direction as to what is required. This may be partially addressed by strategic options appraisals.

4.8.28 Nevertheless, there is a wider lack of clear policy direction throughout this area at local plan level to help deliver the other facilities. Developers have not been provided with locational criteria to clarify where these facilities might be acceptable although some of the authorities have sought to identify sites for major facilities. Furthermore, West Lothian has now developed clearly expressed waste management policies within their finalised Local Plan which provide directional guidance for all types of waste infrastructure.

4.8.29 However, the five local authorities involved in this area are now actively working towards developing more supportive planning policies within their emerging local plans which should be able to reflect the objectives of the Area Waste Plan. In the meantime the Structure Plans could be used to support planning applications which assisted in delivery of the Area Waste Plan.

Policy Assessment

4.9.1 The three Ayrshire Councils are all covered by the Ayrshire Joint Structure Plan, approved 2000. This Structure Plan is currently under review and is at the consultation draft stage. The current Structure Plan was prepared prior to publication of PAN 63, the National Waste Plan, the Area Waste Plan and the National Waste Strategy. Whilst it refers to the principles of sustainable waste management (the waste hierarchy), the policy simply requires the three Councils to make provision for sites of sufficient capacity for the safe management and disposal of residual waste. There is a clear presumption against waste management sites which cater for waste from outwith the area. General environmental and transportation criteria are set down for waste proposals. There is no underlying support for waste infrastructure and the supporting text implies a continued reliance upon landfill, probably as a result of the production of the Structure Plan in the late '90s.

4.9.2 The current consultative draft of this Structure Plan does not include any proposal to update these waste policies. This omission has been raised by SEPA and is likely to be addressed following discussions on development plan support for locations and choices of technology.

4.9.3 East Ayrshire Council adopted the East Ayrshire Local Plan in 2003. The policy requires the provision of adequate waste facilities as close as possible to the source of waste. There is a presumption against new landfill sites and a policy requiring all new industrial and commercial developments to be designed to provide for waste separation and recycling.

4.9.4 East Ayrshire Council agreed in February 2003 that an early review of this plan would be necessary to reflect the Area Waste Plan. It was hoped to undertake the review by the end of 2004. However it is understood that the initial draft plan will not be produced for public consultation until the review of the Joint Structure Plan is progressed. The issue of joint provision of larger facilities with other Councils will also need to be considered.

4.9.5 In conclusion, in East Ayrshire the current policy framework appears to be centred around seeking to ensure that only waste from Ayrshire is dealt with, the main thrust of the policy being to ensure waste is dealt with as close to the point of generation as possible. There are no clear criteria outlining where waste infrastructure may be acceptable, the policy being reliant on environmental criteria. Apart from the local plan policy requiring developments to be designed to provide for recycling there is little positive policy guidance. Progress towards providing a clearer framework has faltered awaiting production of the Joint Structure Plan. Neither structure or local plan policy relates decision-making to the Area Waste Plan.

4.9.6 North Ayrshire Council is currently at an advanced stage in preparing two replacement local plans, one for North Ayrshire and one for Isle of Arran. Both plans have now been through Public Local Inquiries.

4.9.7 The Isle of Arran Local Plan was adopted in February 2005. Waste Management was not an issue at the Public Local Inquiry. The local plan policy supporting text explains the background to a sustainable approach to waste management. The policy for waste management states that waste collection/recovery etc., shall only accord with the Local Plan where it is demonstrated that there is an identified need, it provides principally for waste arising from North Ayrshire, or accords with the National Waste Strategy and energy recovery has been considered. A further policy sets out criteria to be met for waste disposal facilities (presumably landfill/landraise as indicated in the supporting text). This policy requires that it is demonstrated that a development is the Best Practicable Environmental Option and meets various environmental, (mainly restoration and landscape) criteria. Further policies (a) identify an existing landfill site at Brodick for continued landfill and (b) indicate that the Council will undertake a site search for a further replacement landfill in the south east part of the island. Council officers advise that they have now undertaken the site search but at this stage further work is unlikely to proceed and they may look at other options for waste management. The Council is also involved in strategic options appraisals with the two other Ayrshire Councils to look at opportunities for strategic waste management in the area.

4.9.8 These policies do not relate to the Area Waste Plan or provide clear locational guidance as to potential suitable sites for waste infrastructure, other than seeking in general terms to identify a landfill site. There is no positive support for waste infrastructure as such and the requirement to tie facilities to an identified need, principally arising from North Ayrshire, presumes against strategic working. However this relationship to local need may be appropriate for the island situation.

4.9.9 The North Ayrshire Local Plan contains similar policies with additional text relating to "reprocessing involving steamed waste", stating that such proposals should be directed to industrial land. Sites for landfill have been identified at Irvine Bogside and Shewalton Irvine. It is worth noting that the Shewalton site benefited from a live planning consent for expansion. Despite being identified in the local plan it is understood that there is still local concern now that North Ayrshire Council have commenced work on the extension.

4.9.10 It is considered that the North Ayrshire planning policies lack clear direction and positive promotion of waste infrastructure. There is some indication of suitable locations for "reprocessing involving steamed waste" but for a lay person this particular description is not clear about what type of development is being referred to.

4.9.11 The results of the Public Local Inquiry into the North Ayrshire Local Plan have been published. SEPA made representations on the wording of the policies and the Reporter has sought to modify the policies to include reference to reflect the Area Waste Plan and Planning Advice Note 63 within the supporting text. However there is still no clear policy reference to the Area Waste Plan. Neither of the North Ayrshire plans make any specific policy reference to design and development to facilitate recycling/source segregation of waste.

4.9.12 South Ayrshire Council published a finalised local plan in 2002 prior to the publication of the National Waste Plan and Area Waste Plan. Their general infrastructure policy encourages and supports proposals to upgrade infrastructure providing such proposals comply with the aims and objectives of the Local Plan. The supporting text for their more detailed waste management policies outlines the type of facilities required in the area to achieve the objectives of the move away from landfill and relates to the Council's Waste Strategy at the time. The text also notes the need to provide for recycling within new developments. This intent is not, however, fully expressed in the policies.

4.9.13 Within the policies it is expressly stated that proposals for a waste transfer depot at two specific sites (Holmston Toll, Ayr and Girvan Mains, Girvan) will be supported subject to environmental and infrastructure requirements. A general policy requires new waste proposals to demonstrate local need; community benefits outweighing any environmental concerns and proximity to the source of the waste.

4.9.14 The Council indicated that they intended to update this policy to reflect the Area Waste Plan. However, the Plan is now at the Public Inquiry Stage and the policy appears to be unchanged. The Public Inquiry concluded around March 2005. It is also worth noting that one of the sites identified for a Waste Transfer Facility has now been developed for a Garden Centre. The remaining identified sites raised no objection at the Local Plan stage.

4.9.15 It is considered that although the background and spirit of the policies is generally positive for trying to facilitate a move towards sustainable waste management, the content of the policies (apart from the identification of two potential sites for waste transfer stations) does not provide clear guidance for developers for other waste management developments such as composting, recycling centres etc. In common with the other Ayrshire councils, South Ayrshire continues to focus development on local need with no directional guidance as to where future developments may be considered acceptable. On the positive side, however, the policies provide a framework for the waste transfer stations.

4.9.16 Dumfries and Galloway Council's Structure Plan was approved in 1999, prior to publication of the National Waste Strategy, National Waste Plan, PAN 63 and the Area Waste Plan. The Structure Plan refers to using an interim waste management strategy until 2002, using existing waste disposal sites and continued operation of their network of recycling facilities. This strategy was to be used until a long term strategy for sustainable waste management was developed. The Structure Plan states that this will be developed by means of a private finance initiative ( PFI) with a number of options mentioned (e.g. waste to energy).

4.9.17 Policies are included to protect existing disposal sites for long term needs and to set out criteria for assessing development proposals until such time as a Waste Management Subject Local Plan is developed - no progress has been made in this regard due to resource pressures. The policy criteria include need, reduction in waste movements, links to waste recovery and recycling and environmental considerations.

4.9.18 Further to preparation of the approved Structure Plan the Council entered into a Waste Management/Recycling PFI contract dealing with municipal waste. All of the key sites to deliver this project have now been secured with permissions in place including an Energy from Waste facility on the outskirts of Dumfries. These permissions were secured using the existing planning policies, with in more recent cases, regard being paid to the National Waste Strategy and the Area Waste Plan.

4.9.19 This PFI project was identified as the BPEO by the Area Waste Plan whereby the Council did not see a need to modify their development plans to facilitate delivery of the Area Waste Plan.

4.9.20 Local plan coverage of the area is in four new local plans: Annandale and Eskdale, Nithsdale, Stewartry and Wigtown, all of which are at the finalised stage, and have been through a Local Plan Inquiry. These plans did not initially contain any specific policies for waste management, relying instead on generic development control policies as opposed to "blanket" policies favouring industrial land for waste facilities which the Council considered may not be appropriate to their local situation. The Council updated these generic policies to acknowledge the use of the National Waste Strategy, Area Waste Plan and PFI contract in determining planning applications pending either the preparation of a waste subject plan or review of the structure plan.

4.9.21 SEPA objected to the updated waste management policies on the basis that they failed to provide a local policy solution for local waste issues, did not identify sites or suitable areas for waste infrastructure nor promote recycling within developments. This objection was considered at the Public Local Inquiry.

4.9.22 Council officers now advise that, assuming these local plans are adopted in 2006, they will begin reviewing either the Structure Plan or a new Local Development Plan in 2006/07 to provide an opportunity to update all waste management policies in line with changes since approval of the Structure Plan in 1999.

4.9.23 At present within Dumfries and Galloway it is considered there is no positive policy framework to support waste infrastructure proposals. The intention contained in the Structure Plan to produce a Waste Subject Plan has not progressed, and there has been no further development of the waste management policies for the area since 1999 other than the abovementioned reference to the National Waste Strategy and Area Waste Plan.

4.9.24 Whilst it is recognised that the Council's PFI project may deal with municipal waste, a policy framework for all waste infrastructure is still required. At present potential developers have no guidance on suitable sites, nor is there any requirement to promote and support new infrastructure or design new developments to support recycling. In this regard Council planning officers advise that they do not consider the Council to be in a position to provide locational guidance for the as yet unknown needs from the private sector and given the lack of guidance within the Area Waste Plan on non-municipal waste.

4.9.25 It is therefore concluded that there is a general lack of a clear planning policy framework for waste management throughout this entire Ayrshire Dumfries and Galloway Waste Strategy Area.

Relationship to Area Waste Plan

4.9.26 The Area Waste Plan identifies the maximum number of additional facilities required to deliver the BPEO and notes that waste recovery technologies (other than by the use of refuse derived fuel from the Dumfries and Galloway PFI project) will be assessed for suitability by the Waste Strategy Area Group with a decision taken in 2006 as to future inclusion of this aspect within the Area Waste Plan. The indicative facilities identified in the Area Waste Plan are as follows:

4.9.27 Within this Waste Strategy Area there is no strategic or Structure Plan context which takes into account current waste management provisions and guidance. There is no connection to the Area Waste Plan. As such there is no strong strategic policy framework, with reliance being placed on national planning policy and advice.

4.9.28 Taken together, the local plan framework in this waste strategy area also currently lacks a clear connection to Area Waste Plan provisions. The emphasis is generally upon guidance for landfill sites with no positive promotion of other waste infrastructure. This would help deliver the landfill component of the Area Waste Plan, although the emphasis by the Ayrshire Councils on landfills dealing only with waste from the immediate area could in some respects presume against strategic joint working.

4.9.29 There is no clear guidance for the major energy recovery facilities which may be required although it is worth noting that Dumfries and Galloway Council have successfully granted consent for an energy from waste facility on the outskirts of Dumfries in the absence of such clear guidance and as noted earlier now have consents in place to deliver their PFI project.

4.9.30 The civic amenity/recycling sites, composting facilities and materials recycling facilities could potentially be supported by general industrial and development control policies throughout the waste strategy area. However, the lack of clear directional guidance, positive promotion of the facilities and a requirement to comply with the Area Waste Plan is not helpful to prospective developers. Furthermore the local plans, partly due to the timing of local plan preparation in some cases, do not appear to have sought to implement the requirements of PAN 63 to try and support the Area Waste Plan.

4.9.31 Given the stages of development of the various plans there is no immediate prospect of such proactive policies being developed although the Ayrshire Councils' participation in strategic options appraisals to consider opportunities for strategic waste management facilities may help assist future development plan policy making, whilst Dumfries and Galloway Council point out that in 2006-07 their development plan will be reviewed.

Policy Assessment

4.10.1 All of these councils are covered by the Glasgow and Clyde Valley Structure Plan approved 2002. The supporting text of this Plan refers to the National Waste Strategy and the need for developments to take account of the future Area Waste Plan. It also notes that the Structure Plan area produces around 25% of Scotland's waste yet recycling rates in the area were at that time lower than elsewhere in Scotland. The strategic policies relating to waste management simply state that the location of new development should implement the waste management hierarchy of the National Waste Strategy. There is no other guidance or strategic context, perhaps reflecting the fact that the Plan was prepared prior to the publication of PAN 63 and the National/Area Waste Plans.

4.10.2 A consultative draft replacement structure plan was published in May 2005. It provides further context particularly on the diversion targets set by the Landfill Directive and the response required to meet AWP objectives. The plan mentions the collaborative approach being taken by member authorities and the Scottish Executive to identify the need and location of new large scale waste management facilities. The text explains that an alteration to the plan could be brought forward to accommodate large scale facilities that would represent a policy departure and which are required in Glasgow and the Clyde Valley.

4.10.3 Inverclyde Council have reviewed their Local Plan and the Finalised Plan has now been through a Public Local Inquiry. The Council are currently considering the Reporter's findings prior to adopting the Plan. (Waste was not an issue at the Inquiry.)

4.10.4 The supporting text of these waste management policies explains that the majority of their waste is currently landfilled in West Dunbartonshire. It refers to the proposals of the Area Waste Plan to reduce waste to landfill and the consequent need for new infrastructure facilities to be provided in support. The policy itself sets out the criteria against which waste management proposals will be assessed. These require compliance with the Area Waste Plan and National Waste Strategy; the facility to deal with waste primarily sourced from the Inverclyde area; and other amenity and environmental criteria.

4.10.5 This policy provides some support for waste facilities and expressly ties planning policy to the Area Waste Plan. It does not however provide guidance on what type of locations may be acceptable, nor does it provide a policy framework for the design of new developments to facilitate waste management. In the context of this Waste Strategy Area, however, it provides a clearer policy framework than some of the other Glasgow and Clyde Valley Councils.

4.10.6 Renfrewshire Council have produced a finalised draft Local Plan which has been through a Public Local Inquiry. (Waste was not an issue at this Inquiry). The plan is not yet adopted and was prepared prior to publication of the Area Waste Plan. The waste management policies require new proposals (including incinerators) to meet criteria including complying with the objectives of the Area Waste Plan together with amenity, restoration and environmental considerations.

4.10.7 There is no indication within this policy as to where such proposals would be best located, the emphasis being upon environmental protection, with little positive support for waste infrastructure. Indeed the supporting text states that waste disposal by its nature is an unsightly and disruptive activity.

4.10.8 Within the supporting text, reference is also made to the Council's existing waste management practices which rely upon domestic waste being taken to a waste transfer station at Linwood and thereafter to a landfill site in Lanarkshire. The text also identifies the location of landfill sites for non-domestic waste in the area.

4.10.9 To conclude, these policies do not provide a positive planning framework to help support new waste infrastructure nor do they provide directional guidance to future developers. In addition there is no guidance for the design of new developments to facilitate recycling or waste minimisation. However it is worth noting that it is understood from the Planning Service that applications for waste transfer stations on industrial land have been supported under these policies and have not given rise to any particular problems.

4.10.10 East Renfrewshire Council's East Renfrewshire Local Plan was adopted in November 2003. It was prepared prior to publication of the Area Waste Plan and contains no clear waste management policies. Any waste infrastructure proposals will be assessed under the general policy for assessing new developments. This relates to consideration of need, alternatives, community/economic benefits, amenity, environmental and transport issues. A sequential approach to location of all developments is advocated with a preference for sustainable locations served by public transport, with the green belt being the least preferred option.

4.10.11 This policy gives no specific locational guidance to potential developers and does not promote waste infrastructure. Whilst it could be used to support (or indeed refuse) planning applications, it offers no more support or direction than standard development control policies. It lacks clear reference to any of the current wide range of waste management policies and guidance now available.

4.10.12 Council officers have pointed out that they consider there is no Area Waste Plan requirement for new facilities in East Renfrewshire. The authority is participating in strategic options appraisals along with its neighbouring authorities to look at the options for sharing of major strategic facilities. At the moment the Council is composting waste at Lugton, North Ayrshire and has a contract to transfer municipal waste out of the area to the new landfill site at Greengairs, Airdrie. At the end of this contract, they will be seeking to enter into a contract to transfer municipal waste to a Mechanical and Biological Treatment Plant at Polmadie, Glasgow. Consequently they consider that their current local plan policies are adequate to deal with the existing situation and waste needs, given that the Area Waste Plan objectives are already being implemented in East Renfrewshire. Finally they note that other waste related proposals such as non-municipal waste processing etc., can be promoted by the private sector during the forthcoming local plan review and, if necessary, sites identified.

4.10.13 It is understood that East Renfrewshire Council hope to review the local plan in 2005 and this may offer an opportunity to secure clearer policies which could provide some directional guidance for developers and the public, and also make provision for the design of new development to facilitate sustainable waste management methods. In the meantime reliance will require to be placed upon the general Structure Plan policy and national guidance/policy.

4.10.14 Glasgow City Council adopted the City Plan in August 2003. The supporting text to the waste management policies identifies need for the planning authority to support the National Waste Strategy by facilitating the necessary network of infrastructure as identified in Area Waste Plans. It also outlines the existing waste management infrastructure network for managing the Council's waste with a map identifying the locations of transfer stations and landfill sites included. This information has recently been supplemented by completion of a Technical Note identifying all operating and consented facilities. The authority also state that in order to facilitate the move from landfill the City Council will develop a materials reclamation facility at Polmadie together with a network of recycling sites. The option of a joint composting facility with other authorities is also discussed and the need to protect rail access to existing and proposed transfer stations from any such new facility.

4.10.15 The intent of the policy clearly seeks to support the Area Waste Plan and National Waste Strategy objectives specifically stating that in order to cater for an integrated network of waste management and recycling facilities, planning applications will be considered in terms of impact on communities and environment; provision of space for recycling within new development; protection of rail sidings which could be used for waste transit; and encouragement of composting and recycling facilities. An additional policy on bin storage within new residential developments is also included.

4.10.16 Whilst the policy context of the City Plan is positive in nature and clearly identifies the main issues, it lacks locational criteria to assist developers in identifying the type of sites which would be suitable. However, the desire to consider transportation of waste within the whole network is worth noting.

4.10.17 It is considered that the policies could be used to support planning applications subject to amenity and transport issues being satisfactory. However, as noted above, it lacks direction for developers. Whilst the strong emphasis on recycling within developments is clear, the context to support other waste treatment facilities is lacking. Reliance in this regard would require to be placed upon national guidance and policy until such time as the Structure Plan is reviewed to provide a clearer strategic context.

4.10.18 It is the City Council's intention to review this Local Plan with an issues paper considered by Council Members at the end of 2004. Public consultation took place during January and February 2005 with production of a City Plan Review Bulletin. The intention is to produce a consultative draft City Local Plan by late 2005. Waste management is mentioned as one of the infrastructure issues to be considered. This may afford an opportunity to include clearer waste management policies. Planning officers advise that they are working to update the waste management section of the Plan taking into account consultation responses and the significant changes in waste management that have taken place in recent years with a view to addressing the need for locational direction. They also hope to undertake work on areas of search for the landfill facilities which may be required in partnership with other Glasgow and Clyde Valley Councils.

4.10.19 South Lanarkshire Council have a series of adopted local plans which predate the Area Waste Plan and contain no waste management policies. The Council is embarking upon preparation of a new area wide South Lanarkshire Local Plan with a view to preparing a consultative draft for public consultation later in 2005. They intend to include specific waste management policies in line with current guidance and the Area Waste Plan.

4.10.20 In the meantime there is no policy framework for supporting or considering waste infrastructure in South Lanarkshire. Reliance will require to be placed upon the Structure Plan and national policy and advice. Given the limited scope of the present Structure Plan policies this may, as is the case with other authorities in this area, pose problems for decision makers.

4.10.21 North Lanarkshire Council also have a series of older local plans which do
not address waste management issues. They are currently preparing a new area-wide North Lanarkshire Local Plan which is intended to be available for public consultation in late 2005. It is intended to include specific waste management policies in this plan in line with current guidance and the provisions of the Area Waste Plan.

4.10.22 However meantime, as in South Lanarkshire, there is no policy framework in place to support or consider waste management proposals in North Lanarkshire. These two councils are currently working together on a strategic options appraisal to identify strategic sites and this may help facilitate the local plan waste management planning process, although at present there is unlikely to be progress on sustainable waste management policies in these two areas until late 2005.

4.10.23 East Dunbartonshire Council adopted the area wide East Dunbartonshire Local Plan in February 2005. Waste policies were not an issue at the Public Local Inquiry in 2003. When the Local Plan was being prepared the Area Waste Plan had not been finalised. However the context of the policy referred to this process and the need to support a move away from waste disposal to waste management and to promote the infrastructure required to achieve this. The policies specifically state that proposals for materials recycling facilities and civic amenity sites will generally be supported and assessed against criteria including compliance with the Area Waste Plan; proximity to residential areas; accessibility by a range of transport; and environmental impact. There is a presumption against new landfill sites. There is also a guidance note on sustainable development which includes guidance on waste minimisation.

4.10.24 It is considered that these policies provide a supportive framework for waste infrastructure. Whilst lacking clear guidance on where development would be best directed the policies would enable positive consideration of new applications. There is a lack of policy direction on the design of new development to facilitate recycling but generally the context of the policies is supportive and relates new development to the Area Waste Plan objectives.

4.10.25 West Dunbartonshire Council adopted the Clydebank Local Plan in September 2004. Following the Public Local Inquiry the waste management policy was amended to take more account of the Area Waste Plan which was not fully developed when the Plan was under preparation. The Clydebank Plan now states that the Council will continue to develop the Area Waste Plan based on the National Waste Strategy and the BPEO. Waste infrastructure developments will require to be justified against locational need identified in and the facilities required by the Area Waste Plan. Such developments will be considered against other local plan policies. Support is also offered for recycling.

4.10.26 The Council is currently in the process of preparing an area wide West Dunbartonshire Local Plan and is seeking the public's views upon issues to be included. This forthcoming Plan may therefore present an opportunity to include clear waste management policies.

4.10.27 At present however, planning policies in the area lack clear locational direction on where facilities may be directed. The Clydebank Local Plan requires reference to be made to the Area Waste Plan but there is no positive support for new infrastructure and how this may be achieved other than general support offered for recycling. There are no policies to provide guidance on recycling provision within developments.

Conclusion

4.10.28 Within the Glasgow and Clyde Valley waste strategy area there is a general lack of a clear local plan policy framework for dealing with waste infrastructure applications. Whilst some of the councils require new developments to comply with the provisions of the Area Waste Plan and seek to set a positive policy context, there is a lack of any positive promotion of new infrastructure nor any clear locational guidance for developers to follow. The majority of the planning authorities are in the early stages of preparing replacement plans or have just adopted plans which do not fully address waste issues having been started prior to current guidance and thinking.

4.10.29 Whilst the Structure Plan could be used to provide a strategic context it also lacks clear direction and some planning authorities will look to the consultative draft Structure Plan to provide this direction notably on short to medium term requirements to manage municipal waste. Strategic options appraisals may also assist, dependent upon timings, to provide the panning authorities with a clearer indication of municipal waste management needs. In this regard it is understood that the Glasgow and Clyde Valley councils are also discussing planning policy formulation through a Planning Sub Group of the Waste Strategy Area Group.

4.10.30 In the meantime reliance must be placed upon national planning policy and advice together with the use of the Area Waste Plan, National Waste Plan and National Waste Strategy as material considerations. Given the scale of the waste volumes in this waste strategy area this is not an ideal situation.

Relationship to Area Waste Plan

4.10.31 As noted earlier in this section the Glasgow and Clyde Valley area generates a large volume of Scotland's waste. Any initiatives in the Glasgow and Clyde Valley area to reduce waste generation and waste to landfill will be of national importance and impact. The Area Waste Plan identifies how best to facilitate a move from landfill through its BPEO. This states that if recycling and composting initiatives are successful then there may not be a need to fully develop other waste recovery technologies such as thermal treatment. Consequently a decision on the need for such technologies is deferred until 2006.

4.10.32 The BPEO identifies the following indicative facilities as being required:-

4.10.33 As is the case with the Lothian and Borders Waste Strategy Area this Area Waste Plan has not at this stage clarified what type of major facilities are required. Together with the lack of clarity on landfill needs arguably this means that planning authorities lack clear direction on major infrastructure needs. Strategic options appraisals may help in this regard to identify the main strategic needs and to help identify potential sites which could then be safeguarded in development plans. The speed of this process will drive the identification of facilities and sites/areas of search within the new Structure Plan and forthcoming local plans.

4.10.34 There are two strategic options appraisals groupings within the Glasgow and Clyde Valley area - one for North and South Lanarkshire, the other for Glasgow City, Inverclyde, East Renfrewshire, Renfrewshire, East and West Dunbartonshire, and part of Argyll and Bute. Within these groupings it is noted that neither of the Lanarkshire councils have local plan policies which address waste management in any respect. The appraisal process here, whilst potentially helping to identify issues and sites, may also have some difficulties for its lack of a positive and clear planning policy framework to help consider the options.

4.10.35 Aside from this issue, planning policies to help deliver the BPEO clearly vary throughout the area. Three of the eight councils have reasonably positive, clear waste management policies (Inverclyde, City of Glasgow and East Dunbartonshire) which could be used by decision makers to help support new waste infrastructure. The remaining authorities, whilst having a varying degree of policy commitment to a move from landfill lack a clear overall policy framework, although progress continues to be made on the ground, with implementation of the Area Waste Plan objectives on kerbside collection and waste minimisation. None of the authorities provide clear locational direction for the waste providers.

4.10.36 All of the local authorities are at different stages of reviewing their local plans and as such there is variable opportunity for improvement.

4.10.37 In summary, it is concluded that there is currently no strong local plan policy framework in place in the Glasgow and Clyde Valley waste strategy area to help deliver the objectives of the Area Waste Plan particularly if it is decided there is a need for a major strategic development/technology.

Policy Assessment

4.11.1 The Argyll and Bute Structure Plan, approved in 2002, requires the local plan to include policies which require developments to conform to the National Waste Strategy and the Area Waste Plan. The Structure Plan also encourages waste minimisation and recycling within developments.

4.11.2 A finalised Local Plan for Argyll and Bute (excluding the area covered by the Loch Lomond National Park) has been prepared to replace the series of older adopted local plans. It updates the consultative draft local plan of 2003. The finalised plan includes policies on sustainable development which set out general concepts and principles. It now relates the waste management policies more clearly to the Structure Plan and the Area Waste Plan.

4.11.3 Two specific local plan policies relate to waste management. The first is for "Waste Related Development and Waste Management in Developments". In the supporting text, reference is made to the provisions of the Area Waste Plan's focus on mainland waste disposal at the landfill sites in Argyll and Bute and one in West Dunbartonshire with the settlement plans to take account of this. The policy requires proposals to conform with the National Waste Strategy and Area Waste Plan. It offers support for waste developments which "do not conflict" with a range of criteria set out including presumption against:

4.11.4 Such proposals may be exceptionally supported if there is overriding community benefit and it is vital infrastructure.

4.11.5 Whilst the criteria of the policy appear initially supportive, the wording is slightly confusing and lacks clarity. It also appears to presume against development of waste related infrastructure in numerous locations and qualify the initial support with numerous "presumptions against". However with some rewording it could be used to provide a planning policy framework which develops the strategic policy of the Structure Plan.

4.11.6 The second policy "Safeguarding Waste Management Sites" is more positively worded and further develops the Structure Plan context. The policy aims to protect from development existing and proposed sites for medium to large scale waste management facilities. The policy justification recognises the difficulty that can be experienced in finding sites.

Relationship to Area Waste Plan

4.11.7 The Area Waste Plan BPEO relies upon the expansion of kerbside collection, the BRING site and civic amenity site network and composting facilities. Planning consent is already in place for 3 composting facilities. It is not considered economic to develop an Energy Recovery Plant in the area, given the relatively small quantity of suitable waste, it being concluded that exporting such waste outwith the area to a nearby facility would be more appropriate. No new landfill capacity is proposed.

4.11.8 The indicative facilities required to deliver this BPEO are identified as follows:

4.11.9 Current planning policy to deliver these requirements can be contrasted with the fact that the composting facilities have already been approved under the terms of the previous, outdated planning policies. This may indicate that the existing policies were capable of being interpreted positively despite any evident shortcomings. However, reliance would require to be placed upon national planning policy and advice. With the exception of the energy recovery issue, other facilities identified by the BPEO relate to upgrading of existing facilities which could be readily supported under development plan policies.

4.11.10 The Area Waste Plan, in common with all others in Scotland, does not address non-municipal waste. If any proposals come forward in Argyll and Bute for new non-municipal waste infrastructure, they would require to be considered against current policies. Other than through safeguarding, it is potentially at this stage that a lack of positive support and clear direction for new proposals may prove to be a problem.

4.11.11 In conclusion, however, the current provisions of the Area Waste Plan in Argyll and Bute are capable of being delivered by the current planning framework and indeed are being delivered through the granting of consents.

4.11.12 The finalised draft Local Plan could provide more certainty for developers and reduce the need to rely upon national planning policy and advice. In the interim, national policy and advice could continue to be used to support infrastructure proposals.

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