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Planning Advice Note: PAN 63. Waste Management Planning
The National Waste Strategy and the Planning System
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Background |
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Paragraph 37 of NPPG 10 states that the "national waste strategy
will be a material consideration for planning authorities in drawing up
their development plans and in assessing individual planning applications."
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8. The policy framework in NPPG 10 is still current and the NPPG anticipated
the introduction of the NWS. However, this PAN is now necessary following
the adoption of the NWS and the requirements for AWPs. While AWPs and
the NWS are not land use planning documents, they are material considerations
carrying significant weight that planning authorities should take into
account when preparing their development plans and determining applications.
Planning authorities should seek to provide for waste management facilities
in accordance with the AWP, or in the short term the draft AWP, through
development plans or where appropriate, interim guidance.
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9. AWPs, at least in the first round, will not cover all
waste streams, only municipal solid waste (MSW) owing to the Landfill Directive’s
diversion targets and the lack of information on other wastes. Although
this PAN is written with the development of AWPs in mind, the advice will
be relevant to proposals for facilities to deal with all waste streams not
covered by the AWPs. The emphasis in future will be on integrated waste
management and this will entail a range of sizes and types of facilities
– not necessarily the traditional image of large, industrial plant.
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SEPA’s Functions in Relation to the Planning System |
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10. As noted in paragraph 54 of NPPG 1: The Planning System, the
planning system should not be used to secure objectives that are more
properly achieved under other legislation. There is a distinction between
matters which are the responsibility of the planning authority and that
of SEPA as licensing authority. Further guidance on SEPA’s role in
the planning system and the relevance of the Waste Management Licensing
Regulations 1994 can be found in paragraphs 11-18 of NPPG 10. As a statutory
consultee, SEPA is an active partner in development planning and development
control. In broad terms SEPA, in assessing a proposal for a waste management
facility, takes account of the:
- Types and quantities of waste;
- Technical requirements;
- Security precautions to be taken;
- Nature of the disposal site; and
- Treatment methods.
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11. In addition, SEPA will have regard to wider environmental
factors that may be relevant to the facility, including drainage, pollution
control, flooding, control of surface waters and impact upon biodiversity.
SEPA's objective is to ensure that waste is disposed of or treated without
endangering human health or causing harm to the environment. As a consequence,
the dividing line between planning and pollution control can sometimes be
unclear. The Pollution Prevention and Control (PPC) (Scotland) Regulations
2000 cover a wider range of environmental impacts than the Environmental
Protection Act 1990 and therefore minimising duplication between planning
and licensing is an even more important consideration. |
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12. Developers are not obliged to submit licence applications
at the same time as their planning applications. Although licences are only
granted once planning permission, where required, has been granted, it is
essential that there is close liaison between the planning authority and
SEPA to ensure a compatible approach to any proposal. Developers may wish
to consider involving SEPA at the pre-application discussion stage of their
planning application. Matters relevant to a licence may also be material
planning considerations (see paragraphs 89-91 of this document). The weight
to be attached to those matters will depend on the circumstances of each
case. |
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