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ASSESSING DEVELOPMENT PROPOSALS
33. All planning applications should be assessed against the development plan, where appropriate, this SPP and the National Waste Plan/Area Waste Plan family of policies. The footprint, layout, appearance, design and operational features of a waste management installation vary according to the technology. Environmental impacts do not however vary greatly and are limited in most cases to the factors described in paragraphs 23-31 and Planning for Waste Management Facilities. This SPP supports a wide range of waste management technologies. Even so, proven industrial processes may raise different planning issues. The following policies apply to the planning implications of specific waste streams or installations.
THERMAL TREATMENT AND ENERGY FROM WASTE
34. The National Waste Plan indicates that thermal treatment could handle up to 14% of municipal waste by 2020 offering the prospect of treating waste that cannot be recycled while recovering its energy, which can be used in district heating, in industrial processes or to generate electricity. SEPA's guidelines on thermal treatment of municipal waste 12 should be used by planning authorities in developing policies, allocating sites, or assessing development proposals.
35. Thermal treatment plants processing urban waste are more likely to meet the objectives of sustainable development when they are located close to sources of waste to reduce the need for transportation. The benefits of combined heat and power from thermal treatment may be captured if plant is located close to energy grids or potential users that they may in future serve. Sites should be identified in development plans. In rural areas farmland or forests may determine the best locations for thermal treatment plants designed for biomass. PAN 45: Renewable Energy Technologies - gives appropriate advice on siting and design. PAN 45 Annex A: Planning for Micro Renewables also covers biomass.
36. All energy from waste plants should comply with the Waste Incineration (Scotland) Regulations 2003, which implements the Waste Incineration Directive. These new regulations ensure a higher level of technical compliance under Pollution Prevention and Control ( PPC). The planning implications of new energy from waste plant will therefore normally be restricted to land use and locational factors.
LANDFILL
37. The provisions of paragraph 26 and the following policy apply to disposal by landfill after all other options to reduce, reuse, recycle and recover energy from waste have been tested.
38. Waste reduction and recycling are reducing the overall need for landfill but demand for landfill capacity still exists. The National Waste Plan indicated that by 2020 around 30% of municipal waste would still be landfilled. The physical characteristics and operational aspects of landfill sites in relation to their surroundings vary considerably. Well engineered and monitored landfill sites will continue to be one way of treating and disposing of waste and of recovering land while offering the potential to improve the appearance of land and in some cases to bring land back into productive use. Waste materials with the potential to generate leachate (e.g. biodegradable waste) are subject to the controls of the Landfill (Scotland) Regulations 2003. The Executive supports the principle of energy recovery from existing landfill - and Planning for Waste Management Facilities offers advice on the locational aspects of landfill gas plant.
LAND RAISING
39. Land raising on a previously undisturbed surface creates a new landform, rather than restoring excavated land to previous or near-original levels. It has a permanent effect on the landscape and may therefore be most suited to derelict or otherwise degraded sites as a means of rehabilitation. Otherwise, and especially in areas designated for their landscape qualities, it is unlikely to be acceptable unless there are no suitable alternatives. Structural landscaping and planting are likely to be essential components of land raising, together with the use of existing landscape features. Engineered land raising may in particular offer a more appropriate means of disposal if the alternative landfill sites have problems with leachate management and groundwater control. Depositing waste on a landfill site above the original surface level is also land raising but may be necessary to achieve required levels after settlement. There will seldom be cases where the need for improvements to agricultural land justifies land raising.
LANDFILL (SCOTLAND) REGULATIONS 2003
40. The Landfill Regulations ensure that high standards of operation and aftercare will apply to all landfills wherever sited. With certain exemptions for island or isolated landfills, the Regulations state that a planning permission may be granted for a landfill only if the following locational requirements have been taken into consideration.
(a) the distances from the boundary of the site to residential and recreational areas, waterways, water bodies and other agricultural or urban sites;
(b) the existence of groundwater, coastal water or nature protection zones 13 in the area;
(c) the geological or hydrogeological conditions in the area;
(d) the risk of flooding, subsidence, landslides or avalanches on the site; and
(e) the protection of the natural or cultural heritage in the area.
41. A landfill permit may be issued for the landfill only if the characteristics of the site with respect to the above requirements, or the corrective measures to be taken, indicate that the landfill does not pose a serious environmental risk. Most of the criteria are common to routine planning assessments but the Regulations place additional requirements upon planning authorities as it no longer falls to SEPA alone to consider criterion (b) groundwater impacts. Planning authorities must now take account of groundwater. Through consultation with SEPA, it is still important to avoid overlap between planning conditions and permits issued by SEPA.
42. The Landfill Allowance Scheme imposes limits on the amounts of biodegradable waste that local authorities can landfill but it is expected to affect infill rates rather than the principle of new planning consents.
CUMULATIVE IMPACTS (LANDFILL)
43. Planning authorities should ensure that landfill proposals, or extensions to existing landfill sites, will not lead to a disproportionate burden of negative environmental impacts on nearby settlements or other sensitive receptors which may include landscape quality. This will be particularly important if there are already two or more operational, or consented, sites that could raise similar impacts within 5 km of any nearby settlement. Such sites will include other minerals sites and opencast coal sites. Where sites may be close to closure or are under remediation, the cumulation of impact may be lower in connection with new proposals.
44. In such circumstances, planning authorities should seek an assessment from the applicant of the likely cumulative impacts of additional landfills, if approved, on all settlements within a radius of 5km. of the site. This should include site design, likely further increases in road traffic, period and intensity of disturbance to settlements and the length of time and severity of landscape impact. Some landfills may be operated in association with composting, materials recycling or energy recovery which could reduce the environmental consequences of mixed landfill but give rise to additional physical impacts. Developers should demonstrate what measures will be taken to mitigate likely cumulative impacts. If adverse cumulative impacts cannot be mitigated adequately, permission should be refused. The period and phasing of working should be tightly controlled through planning conditions and monitored by the planning authority to ensure minimum disruption to local communities and the environment.
SEWAGE AND OTHER PROCESS SLUDGES
45. The spreading of sewage sludge on agricultural land is regulated by SEPA in accordance with the Sludge (Use in Agriculture) Regulations 1989 (as amended in 1990) complemented by a Code of Practice for Agricultural Use of Sewage Sludge 1996, which is currently being revised. Where sewage sludge is used solely for agricultural purposes, deposit is exempt from planning and licensing control. Spreading on non-agricultural land, including forestry sites (see paragraph 31), is - under the appropriate conditions - exempt from licensing under the 1994 Regulations (see Waste Management Licensing Amendment (Scotland) Regulations 2003 and 2004). Nevertheless the choice of sites should take account of other uses such as recreation, designated natural heritage areas, rights of way and surrounding development. On land requiring restoration and when granting planning permission for developments which will result in land subsequently requiring restoration (such as quarrying or opencast), conditions should apply to allow control of the use of sewage sludge. It should be noted that other waste such as paper mill sludges and compost can be applied to land provided licensing regulations are met.
WASTE MANAGEMENT PLANNING IN OTHER DEVELOPMENTS
46. Residential, commercial and industrial properties should be designed to provide for waste separation and collection which will improve resource management from the outset. This will avoid the later loss of landscaped public or open space or potential road space conflicts such as the need to site additional receptacles in circulation areas. Design should be considered in the context of the planning consent and the Building (Scotland) Regulations 2004. The Scottish Building Standards Agency has recently published a Technical Handbook 14 and for solid waste, section 3.25 should be referred to.
47. Scottish Ministers adopted a Partnership Agreement commitment to promote facilities for waste separation and for appropriate kerbside collection of recyclable materials in new housing developments. The Executive expects suitable provision to be included in development plan policies and to be considered as part of the development management process, particularly in relation to major residential developments. Further advice is given in PAN 63, paragraph 83.
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