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5 SUMMARY AND CONCLUSIONS

5.1 This report's assessment of Local Plan policies concludes that, across Scotland, the capacity of policies to deliver the objectives of the National Waste Plan and Area Waste Plans varies. A brief summary of the main findings (illustrated on the map following this section) now follows.

Summary by Waste Strategy Area of Current Policy Direction

5.2 In some Waste Strategy Areas there are particular potential issues concerning delivery of Area Waste Plan objectives, using current planning policies:

5.3 Glasgow and the Clyde Valley - although there are some examples of supportive local plan policies in this area, generally, there is a lack of clear direction which, given the scale of waste generation in this area, is an issue of potentially national importance. The strategic context, at Structure Plan level, is not so clear as in the Lothians for its policy connection to the Area Waste Plan nor is the onus currently put on local plans to develop that context. Local plans are at various stages of review, there are two strategic options appraisals taking place (North and South Lanarkshire and Glasgow/Clyde Valley) and if the Structure Plan is updated to provide a more effective strategic context there may an opportunity to develop more supportive policies throughout the area.

5.4 Ayrshire, Dumfries and Galloway - there is a lack of supportive policies at both structure and local plan level to provide for positive promotion of waste infrastructure in this area, with an apparent absence of strategic thinking. Landfill provision relates solely to the particular council areas. Within the Ayrshires there is unlikely to be progress in this regard until the new Structure Plan is developed to provide a clearer strategic context. In the Dumfries and Galloway area all local plans are at public inquiry stage, where the Reporter's view on the adequacy of the proposed policies will be an important milestone. It is however worth noting that despite this lack of clear policy direction, planning applications within Dumfries and Galloway to deliver the BPEO requirements via a PFI project have been granted. Strategic options appraisals may also assist with development plan policy formulation in the Ayrshires.

5.5 Lothian and Borders - local plan policies are generally not yet all providing a supportive policy framework to deliver Area Waste Plan requirements nor wholly reflecting current guidance and policy on waste management. However the approval of the Edinburgh and the Lothians Structure Plan commits councils to develop their waste management policies. Together with the strategic options appraisals, the councils are actively working together to try to identify the main strategic waste facilities required, which may provide an opportunity to develop suitably supportive policies and safeguard sites for major facilities in the forthcoming local plans. Scottish Borders is equally reliant on structure plan policy and option appraisals.

5.6 On the more positive side, some waste strategy areas have development plan policies which strongly support delivery of the Area Waste Plan, notably the island areas of Western Isles, Orkney and Shetland where there is a firm commitment to cater for waste management needs and an interesting and positive stance on the link between employment opportunities and waste infrastructure. Whilst it is recognised that the waste issues of an island community are unique, this understanding of employment opportunities and tailoring policies to the local situation could provide lessons for other parts of Scotland.

5.7 This link to employment opportunities is also recognised within the Aberdeenshire, Aberdeen City, and Moray Waste Strategy Area by Aberdeenshire Council who have a largely supportive policy, albeit lacking in clear site identification at present. The other councils within this area are at varying stages of developing their local plans but the structure plan context is generally strong.

5.8 The Structure Plan context in the Argyll and Bute Waste Strategy Area is supportive and the finalised Local Plan now provides an additional safeguarding policy to help implement this.

5.9 A similar situation exists in the Fife Waste Strategy Area, although local plan coverage is at a less advanced stage, now out to consultation.

5.10 In the Tayside Waste Strategy Area there is a strong Structure Plan context with the local plans at various stages of developing policies seeking to implement this intent but all apparently actively working towards inclusion of more supportive policies.

5.11 The Forth Valley Waste Area Group is slightly different with a very positive strategic framework, but with variations in local plan implementation of the framework. Falkirk Council are currently working towards a positive policy framework and Clackmannanshire have a reasonably positive policy framework in place. Stirling Council currently have no waste management policy framework in place although they have been able to seek to support waste infrastructure using national and structure plan policies. It is also worth noting that this Waste Strategy Area, through their waste strategy area group, have produced guidance on managing waste in housing and commercial developments which represents important positive progress toward provision of clearer guidance for developers.

5.12 Highland Waste Strategy Area presently lacks a clear, supportive local plan policy framework to implement the generally supportive objectives of the Structure Plan, with present local plans at various stages of working towards implementation. However the later Wester Ross Local Plan is showing clearer understanding of the need for strong waste management direction, the issue is how quickly plan coverage for the whole area will progress.

Summary of Development Plan Coverage/Stages

5.13 A brief summary of the current coverage of local plans in Scotland by stage of production is as follows:-

5.14 There are 8 local authorities who have yet to develop local plans which reflect Area Waste Plan objectives and have either embarked upon or are understood to be about to embark on reviews during 2005:- Western Isles (Structure Plan context only at present with Finalised Local Plan consultation due to commence in autumn 2005), Moray, Fife (Structure Plan only at present although draft core planning policies have been produced in 2005), Midlothian, Edinburgh City Plan, East Renfrewshire, South Lanarkshire and North Lanarkshire.

5.15 There are 5 local authorities at or about consultative draft local plan stage, all containing waste management policies of varying degrees of detail/direction and currently considering representations made by SEPA on these policies as follows: -Angus (Finalised Plan just produced 2005), Perth (Draft Perth Area plan just produced 2005), Falkirk and Scottish Borders.

5.16 There are 5 local authorities at finalised local plan stage who are currently considering/incorporating representations made on their policies:- Aberdeen City, Argyll and Bute, Inverclyde, East and West Lothian.

5.17 There are 9 local authorities who are about to go to Public Local Inquiry with their finalised local plans, or are in the process of going through the Inquiry or awaiting/considering the outcome of the Inquiry:- Highland (Ross and Cromarty East Local Plan - inquiry ongoing; Inverness Plan - Reporter's recommendation accepted by the Council and modifications to be prepared), Aberdeenshire, (considering the outcome of the Inquiry) and Dundee (Reporter's recommendation now considered by the Council and modifications being advertised). All contained waste management policies which were the subject of representation by SEPA at Inquiry. Dumfries and Galloway local plans went through a Public Local Inquiry in April 2005 in respect of representations made by SEPA on the waste management policies: City of Edinburgh, (South East and Rural West Plans), North Ayrshire, South Ayrshire, Renfrewshire and East Renfrewshire are going through Inquiry.

5.18 There are 4 local authorities with adopted local plans which contain some waste management policies:- Glasgow City, Perth (Kinross Plan), East Dunbartonshire and West Dunbartonshire.

5.19 There are 3 local authorities with no timescale for production of new local plans:- Stirling, East Ayrshire and Highland (work on final two out of total of
8 plans to commence).

5.20 There are 2 local authorities with some waste management policies who are about to embark on review again:- Glasgow and West Dunbartonshire.

Summary of Content of Local Plan Policies

5.21 A brief summary of the position with the general current waste management policy content of the local plans is as follows:

5.22 There are 15 local authorities who have sought, at varying levels, to identify sites for waste infrastructure:- Shetland, Highland (Wester Ross Plan), Clackmannan (in text only), Fife (at Structure Plan level although local plans produced in 2005 develop this intent), Falkirk (landfill only), East Ayrshire (existing sites only), City of Edinburgh (existing sites within supporting text) Midlothian, North Ayrshire (landfills only), South Ayrshire (waste transfer sites), Renfrewshire (existing sites and proposed reclamation facility), West Lothian (existing sites in text and strategic site in policy), Argyll and Bute, (within supplementary guidance), Western Isles (at Structure Plan level) and Glasgow (existing sites only). Dumfries and Galloway are seeking through their updated policies to safeguard sites identified to deliver the BPEO of the Area Waste Plan.

5.23 There are 3 local authorities who intend to produce guidance to identify existing sites and areas of search for new sites:- Aberdeenshire, Aberdeen City and Dundee.

5.24 There are 9 local authorities with policies containing or seeking to develop directional/locational criteria:- Moray (landfill only), Aberdeenshire (tiered approach with further criteria to be developed), Aberdeen City (in supporting text only), Dundee (to be developed), Falkirk, Orkney (limited to sorting/treatment facilities), Fife (Structure Plan level only although local plans' core policies developing this), North Ayrshire (some limited direction) and West Lothian (direction now provided within Finalised Plan).

5.25 All local authorities with waste management policies in their local plans use environmental criteria to consider proposals (e.g. impact upon visual amenity, groundwater, etc.)

5.26 There are 14 local authorities indicating positive support, to varying degrees, for waste infrastructure:- Clackmannanshire, Orkney, Shetland, Aberdeenshire, Aberdeen City, Fife (Structure Plan and emerging local plans), Western Isles (Structure Plan only) West Lothian, Edinburgh (Rural West), South Ayrshire, Glasgow, East Dunbartonshire and Inverclyde. Angus Council's recently produced finalised plan also provides positive support.

5.27 All authorities with waste management policies in local plans refer to the Area Waste Plan with varying degrees of strength except Moray (prepared prior to AWP), Perth and Kinross (Kinross Plan), Falkirk (although Structure Plan clearly does), Midlothian, East Lothian, East Ayrshire, North Ayrshire, South Ayrshire, and East Renfrewshire.

Conclusions

5.28 In conclusion, it is considered that more than half of Scotland's 32 local authorities either have, or are working towards having, reasonably positive waste management policies in place which can be used to support new waste infrastructure, if not necessarily help developers to identify suitable sites. It will be important to keep up this progress if the objectives of the National Waste Strategy and Area Waste Plans are to be achieved.

5.29 Progress is faltering in some of the remaining Councils, some of whom are awaiting strategic direction at Structure Plan level or even at the Scottish Executive level because the waste management issue is more than local to their area. Following on from this last point councils may be assisted by strategic options appraisals which, dependent on timing, may assist in site identification for major facilities at strategic sites which could then be reflected in forthcoming local plans. However, the relatively slow process of local plan development may be further affected by the requirement to undertake Strategic Environmental Assessment of all plans started after 21 July 2004 and potentially those plans begun before then, but not adopted before 22 July 2006. This may impact upon those local authorities who have not yet produced local plans containing waste management policies. Supplementary guidance may also require environmental assessment (Circular 2/2004 gives further guidance). Expedited procedures which can be used to move to a finalised plan dispensing with a consultative draft may not satisfy the Regulations on SEA for failing to provide 'early and effective' consultation.

5.30 In respect of moving towards improved waste management policies, the Scottish Environment Protection Agency's ( SEPA) role as a main partner in the production of the National Waste Plan and Area Waste Plans has been important for its input to policy formulation and positive context setting for promotion of infrastructure. SEPA have consistently requested that sites for waste infrastructure be identified in local plans in order to help address at the earliest stage the best locations for main infrastructure to help support delivery of the developments when applications are forthcoming. SEPA also believe that identifying sites in local plans maximises public involvement at an early stage. This has been an issue of contention at Public Local Inquiry (Aberdeenshire, Dundee and Inverness) and the outcome of these inquiries and the Council's consideration of the findings will be important for waste management policy formulation in Scotland. To date the Reporters' findings on the Dundee and Inverness Inquiries have supported SEPA's stance on site identification for certain facilities. With the Aberdeenshire Inquiry, the Reporter has supported the Council's stance that their existing supportive policies and proposed work on supplementary guidance to provide detailed locational direction is adequate. An issue for future policy making is the extent to which local plans now seek to identify sites.

5.31 Across Scotland, there is a general absence of identification of existing, consented and proposed sites on development plan proposals maps. Three councils (Aberdeenshire, Glasgow and Dundee) have indicated a commitment to produce detailed supplementary information to progress this issue at least by identifying existing and consented sites. The Highland Local Plan Inquiry findings have recommended that Highland Council should do this too. Aberdeenshire have made it clear at Local Plan Inquiry that they do not consider it is practical to specifically identify future sites but would rather seek to guide such development by detailed criteria. A number of other councils have identified sites for major facilities in their local plans, although this has tended to relate to existing sites where, arguably, it is reasonably straightforward to do so. There is also a tendency in local plans to mention existing sites within the supporting text to their waste management policies but not to then identify or safeguard the sites on the proposals map or within the policy itself where developers and the public may expect to find such information.

5.32 The implementation of the Area Waste Plans will rely upon local authority waste managers and planners working together to try to identify suitable sites. The consequent issue is whether this process is undertaken in time for forthcoming local plan reviews to incorporate the sites for public discussion.

5.33 Following on from these general issues and conclusions, the main question to be addressed is what can be done to help to encourage local authorities to develop waste management policies in local plans to support the delivery of Area Waste Plan and National Waste Plan objectives.

Summary of Conclusions - Main Issues Arising

5.34 The main issues which have arisen out of this study of local plan waste management policies are as follows:

5.35 During informal discussions, Council Officers have identified some additional issues they face when seeking to support waste infrastructure and develop policies:-

5.36 The present situation with local plans in Scotland is shown in the following checklist table. This summarises the extent to which each authority and its local plans (or structure plan where there is no up-to-date local plan) have addressed the main waste management issues. In the context of this study these issues are considered to be:-

5.37 The summary table also provides information on the stage of local plan production. It highlights the fact that there are a significant number of local authorities who have only addressed one or two of these issues in their present plans. These authorities are Perth and Kinross, Moray, Stirling, Renfrewshire, East Renfrewshire, West Dunbartonshire, South Lanarkshire, North Lanarkshire, Scottish Borders, Midlothian, City of Edinburgh, East Ayrshire and Dumfries and Galloway.

5.38 The remaining local authorities have all sought, to varying degrees, to include effective waste management policies within their local plans and there are numerous examples of good practice evident as highlighted throughout this report and as noted after the summary table.

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