| |
|
Policy Framework for the Provision of Waste Management Facilities
|
| |
|
53. Sections 25 and 37(2) of the Town and Country Planning (Scotland)
Act 1997 require that planning authorities determine planning applications
in accordance with the development plan unless material considerations indicate
otherwise. Consequently, there should be a presumption in favour of proposals
for waste management development that are consistent with the development
plan. Further procedural information can be found in paragraphs 42-65 of
NPPG 1. |
| |
|
54. SEPA, as a statutory consultee, plays a particularly important part
in providing the necessary advice prior to determination. The following
sections give further details on considerations to be applied by planning
authorities to planning applications for waste management facilities. |
| |
|
Determining Planning Applications |
| |
|
55. In site selection, the development plan should either have identified
specific sites, or made clear the preferred categories of sites or criteria
based policies to give clear guidance on where potential waste management
sites are likely to be acceptable. The same considerations used in forming
development plan policies on site selection should be applied to development
control decisions. |
| |
|
56. Good practice in determining planning applications and good practice
for councillors can be found in PAN 40: Development Control. It may
be appropriate to arrange planning committee members’ site visits in
order to acquaint them with waste management proposals. Where a new technology
or a more rigorous approach to the environmental management of a waste facility
is proposed, a visit to a site which is already in operation is advisable.
Councillors should be alert to probity issues regarding site visits e.g.
any dual role of the local authority as developer and planning authority,
aware of their council's policy on site visits and of the current advice
to councillors on conduct in planning. Training for councillors is referred
to in paragraph 98. |
| |
|
Compliance with the National Waste Strategy and Area Waste Plan |
| |
|
57. If an AWP is not yet available for the area, or if the proposal relates
to a waste stream not covered by the AWP, the NWS is a material consideration.
The planning authority will need to consider whether the development is
of a scale or nature that meets longer term development plan objectives
as well as those set out in emerging AWPs. Until the AWP is completed the
planning authority should have regard to the AWP’s draft recommendations.
|
| |
|
58. Where an AWP indicates a requirement for a facility not foreseen by
the existing development plan or where an AWP post-dates the development
plan the planning authority should have regard to the AWP’s final policies.
|
| |
|
59. In any event, the planning authority should consider whether the proposal
conforms with the development plan, or would be an acceptable departure
from policy in light of the NWS and AWP, or that the developer has demonstrated
that an exception to policy should be made. |
SEPA Waste Data Digest is available
at
http://www.sepa.org.uk/
nws/guidance/nws/
nws_data_digest.htm. |
|
60. As well as referring to the NWS, planning authorities may wish to
view the SEPA Waste Data Digest. This provides national data on most waste
streams and could also provide an indication of need for facilities. Early
discussions with the local SEPA waste strategy co-ordinator may also be
beneficial and are encouraged. |
| |
|
61. Compliance with guidance from SEPA on the scale and nature of waste
processing facilities required to meet the Landfill Directive or other specified
targets, will also be a material consideration in determining planning applications.
Wherever possible, consideration should be given to providing a range of
waste treatment facilities at a single location, subject to the cumulative
effect of the development. |
| |
|
Environmental Protection |
| |
|
62. Planning applications for waste management facilities may raise a
number of sensitive issues, including;
- environmental and residential amenity including the control of odour,
dust, noise, vermin, birds and litter;
- visual impact; including the ultimate landform of landfilling or land
raising operations;
- operational lifetime of the site and hours of operation;
- site access and traffic movements;
- compatibility with green belt policy;
- the effect on natural heritage or built and cultural heritage;
- the types of waste to be deposited or treated and the proposed method
of disposal or treatment;
- the potential for flooding; and
- in the case of landfilling, restoration and aftercare proposals for
the site and the timescale of the site being available for the long
term future use.
|
| |
|
Airborne Pollution |
| Further information is available in
Planning Advice Note 51: Planning and Environmental Protection. |
|
63. In deciding whether to license a proposed development, SEPA will consider
whether, for example, emissions comply with industry standards. However,
the planning authority, in considering a planning application, may need
to apply additional land-use considerations in relation to compatibility
with neighbouring land use. |
| |
|
64. Waste management facilities potentially produce unpleasant odours
and other airborne pollution. Good practice requirements are normally included
in the terms of waste licences. Air quality can be a material planning consideration
as well as a pollution control issue. The nature of any emission, including
particulates and gases, will depend on the type of waste management facility
and can be minimised through the use of appropriate, well-maintained and
managed premises, equipment and vehicles. |
| |
|
65. Dust emissions can be controlled, for instance, by damping down exposed
areas, adequately covering deposited waste in landfill sites and by fitting
suitable suppression equipment on the air outflows from buildings or incinerators.
Control of these detailed operational matters is more appropriate to the
site license. However, it may be appropriate to impose a planning condition,
requiring waste operators to prepare a scheme, or to indicate what measures
will be undertaken, to suppress dust on a site. Care must be taken, however,
that any planning condition does not duplicate a condition appropriate
to a waste licence. Consideration of proposals for waste management facilities
should take account of whether:
- adequate means of controlling dust, litter, odours and other emissions
are incorporated into the planning application;
- appropriate planning conditions are used to minimise potential litter
problems, where they are not already dealt with by waste licensing.
|
| |
|
|
|
The Water Framework Directive (2000/42/EC) came into force in December
2000.
It aims to promote the sustainable management of the water environment
through River Basin Management Planning and balanced controls on all human
impacts having a harmful effect on the aquatic environment. The Executive
plans to introduce legislation into the Scottish Parliament to transpose
the Directive in 2002. Consultation has already started and will continue
in 2002.
|
|
66. Applicants should demonstrate that:
- the development includes construction practices to minimise the use
of raw materials and maximise the use of secondary aggregates and recycled
or renewable materials;
- waste material generated by the proposal is reduced and re-used or
recycled where appropriate on site (for example in landscaping without
excessive earth moulding and mounding).
|
| |
Protection of Water Resources |
| |
67. Planning authorities should consult SEPA and Scottish
Natural Heritage as required under the Town and Country Planning (General
Development Procedure) (Scotland) Order 1992, seeking advice in particular
on:
- potential impact on the water environment, including groundwater and
coastal waters;
- risk of flooding and the potential for water pollution;
- loss of functional flood plain; and
- impact on the nature conservation and amenity value of rivers and
wetlands.
|
| |
|
Environmental Impact Assessment |
| Applications for generating stations
of over 50MW are determined by the Scottish Ministers under the Electricity
Act 1989. |
|
68. Proposals for waste management facilities, depending on their size
and nature are determined under either the Town and Country Planning (Scotland)
Act 1997, or where the facility is a generating station over 50MW, under
section 36 of the Electricity Act 1989. Different Environmental Impact Assessment
(EIA) regulations apply. |
| The Strategic Environmental
Assessment Directive (2001/42/EC) must be implemented by July 2004. It requires
an environmental assessment and public consultation for certain strategic
plans and programmes required by legislative, regulatory or administrative
provisions that set the framework for future development consent. Implementation
will take some time to develop and there will be consultation during 2002.
|
|
69. The provisions covering the planning system are to be found in the
Environmental Impact Assessment (Scotland) Regulations 1999. Under the Electricity
Act 1989, the relevant EIA Regulations are The Electricity Works (Environmental
Impact Assessment) (Scotland) Regulations 2000. Further information is available
in Guidance on the Electricity Works (Assessment of Environmental Effects)
(Scotland) Regulations 2000. |
| |
70. There may be circumstances in which development proposals for waste
management facilities will fall within at least one of the categories identified
in either Schedule 1 or 2 of the 1999 Regulations. Further guidance on EIA
is given in SEDD Circular 15/1999 and PAN 58: Environmental Impact Assessment.
EIA is mandatory for all projects in Schedule 1. A Schedule 2 development
(which meets the statutory threshold or criteria) must be screened to establish
if it is likely to have significant environmental effects. If this proves
to be the case then EIA is required. |
| |
71. Many issues covered by waste licensing or integrated pollution control
authorisation procedures will also be within the scope of any environmental
impact assessments undertaken in support of planning applications. In such
cases it should not be assumed that because a licence or an authorisation
is required for a particular activity, the activity can be excluded from
the scope of an EIA. EIAs must cover the significant environmental effects
of a development project, including those related to potential accidents,
and an outline of the main alternatives studied and the reasons for the
choice. |
| |
|
72. Developers may undertake studies to fulfil both the objectives of
the environmental impact assessment and licence or authorisation applications.
Developers should be encouraged to use the environmental statement to provide
all the technical information required for all the various permissions and
licences; not only planning permission. |
| |
|
73. When a planning authority decides that statutory EIA is not required,
it is still open to it to use its powers under Article 13 of the General
Development Procedure Order to request additional environmental information.
In such circumstances, the list of topics included in Schedule 3 to the
1999 EIA Regulations may provide a useful guide. |
| |
|
Transport |
| |
|
74. Transport by road is the most common, though not necessarily the
most desirable, means of carrying waste to management facilities. Locations
need to be considered against the principles of sustainable waste management
(see Annex for further information). There may be significant planning,
environmental, operational and economic advantages when:
- waste management facilities can be located close to where the wastes
arise;
- different types of waste management facilities can be located close
together or co-located on one site;
- rail or water transport can be used instead of road vehicles (see
paragraph 43 of NPPG 17: Transport and Planning); or
- use is made, as far as possible, of the major road and motorway
network rather than local roads, for bulk waste movement
|
| |
|
75. Where the only viable option is road transport, safe access is essential.
Traffic can be a major source of local disturbance and is likely to be a
significant amenity and environmental issue for consideration by the planning
authority. Ideally there should be direct local access to a new plant from
roads of an adequate standard. Co-locating waste management facilities can
reduce the total volume of traffic but the cumulative transport impacts
must be considered. |
| |
|
76. Development proposals should also aim to demonstrate that:
- they are well located within the waste collection network or served
by a rail siding or wharf in order to maximise accessibility and use
by modes of transport other than by road;
- the level of traffic generated would not exceed the capacity of the
local road network or, any adverse impacts that would arise from the
proposal can be satisfactorily mitigated by road improvements;
- there is adequate space for on-site vehicle manoeuvring, parking and
loading/unloading areas.
|
| |
|
77. Opportunities for using other forms of transport should be encouraged
by planning authorities. Alternatives include using or adapting existing
railheads, making new connections to the rail network, or developing existing
ports and, marine, river or canal-side wharves. |
| |
|
78. Planning authorities should be aware of the Freight Facilities Grant
scheme — designed to help pay for the capital costs of freight handling
facilities used exclusively by rail and waterborne transport. The Executive
is planning to extend the existing scheme to include coastal and short sea
shipping routes. In the case of rail, the Track Access Grant (TAG) scheme
helps to defray the costs to freight operators of access to the rail network.
The Scottish Executive administers both grant schemes. |
| |
|
79. It is recommended that early discussion of proposals takes place
with:
- local authority roads and transport departments;
- the Scottish Executive’s Road Network Management and Maintenance
Division where trunk roads are likely to be involved in significant
traffic movements;
- the Scottish Executive on Freight Facilities or Track Access Grants.
|
| |
|
Design |
| |
|
80. Generally, operators will be looking for a cost-effective and utilitarian
design that is fit for purpose. The reuse of existing buildings should
be encouraged where possible. In the case of new buildings, innovative
design may be possible. In many cases a modestly scaled design that breaks
up the bulk of the building or blends in with the background may be more
appropriate. The design, siting, layout and external appearance of proposals
should:
- be accessible and well lit;
- complement the existing site topography and natural cover;
- use materials and colouring appropriate to the location; and
- incorporate landscaping as an integral part of the development.
|
| |
|
81. Attention should be paid to the scale and location of the development
to mitigate adverse visual effects on adjoining land uses. Some facilities
have features in common with farm buildings. In those cases, PAN 39:
Farm and Forestry Buildings may provide useful pointers. |
| |
|
82. At supermarkets and car parks, the use of waste collection and mini-recycling
facilities can be increased by improved signposting and location in places
that do not impede natural surveillance or involve extra effort. Many
new residential layout designs have yet to overcome the shortcomings of
poor waste management provision. When considering an integrated approach
to waste management in line with the NWS, AWPs and council waste collection
policy, good design aspects of waste management should be promoted.
|
| |
|
Design Aspects of Other Developments |
| |
|
83. New building design and layout is crucial to effective waste management.
Specific provision should be made for space to allow for the separation
and collection of waste, consistent with the type of development in question,
whether a housing development, business park, retail and leisure centre
or industrial plant. Developers should be encouraged to provide space
in their proposed developments to accommodate;
- provision within the premises for facilities to separate and store
different types of waste at source;
- kerbside collection (special care will need to be given to development
in conservation areas); and
- centralised facilities for the public to deposit waste for recycling
or recovery ("bring systems").
|
| |
|
Public Attitudes to Perceived Health Effects |
| |
|
84. A vital objective for any proposed development will be to ensure that
it does not pose an unacceptable risk to public health and safety. In the
case of waste management facilities, health concerns might relate to possible
hazardous materials and to emissions. Safety concerns might include the
effects of the proposed development through increased road traffic. |
| |
|
85. In terms of site emissions the principal public concerns normally
relate to landfill sites and incinerators, both of which are subject to
licensing by SEPA under the Pollution Prevention and Control (PPC) (Scotland)
Regulations 2000. SEPA’s consideration of whether to grant such a licence
will include the possible effects of the proposed development on both public
health and the environment. Under those regulations, SEPA's responsibility
for consideration of public health concerns is supported by "statutory consultees"
including the local authorities, the Health and Safety Executive and the
local NHS Board. Planning authorities should therefore accept that PPC licensing,
where applicable, is adequate and suitable for public health protection.
However, it is important to recognise that PPC licensing does not
address public safety and that this aspect of the proposed development is
an issue for consideration by the planning authority. |
| |
|
86. By influencing the location of proposed developments, planning authorities
have a role in addressing public concerns. Sensitive siting and design can
help to allay public concerns about health. Operators should be asked to
provide, with their applications, evidence that consideration has been given
to siting and design options. |
| |
|
Hours of Use |
| |
|
87. Small collection centres for recyclables in supermarket or local authority
car parks are unlikely to have any restrictions on their opening times apart
from those associated with the primary purpose of the site. However for
other waste management facilities, the planning authority may wish to specify
opening times that protect local amenity but provide sufficient flexibility
to meet the anticipated pattern of use. It is important that hours of operation
allow for prompt emptying to avoid the public being unable to deposit waste
due to lack of storage capacity. This should help to reduce fly tipping
around the site by people unable to deposit their waste in the containers
provided. |
| |
|
88. The planning authority should aim to offset local amenity issues with
the operational needs of facilities and should not unreasonably restrict
opening hours. For example, the planning authority may need to recognise
that civic amenity sites are only the public end of a disposal chain that
may include the transport of waste to a landfill site. The opening hours
for landfill and civic amenity sites should recognise that summer evenings
and weekends are the times preferred by the public. As with small collection
centres, it is important that the hours of operation at civic amenity sites
allow for prompt emptying for the same reasons. |
| |
|
Planning and Licensing Conditions |
| |
|
89. The successful control of waste management facilities depends in part
upon implementing and monitoring conditions in the planning consent or the
waste management licence. Planning authorities should follow the guidance
in Circular 4/1998: The Use of Conditions in Planning Permissions
and its addendum. In particular the reasons for applying conditions should
be specific and precise in order that, when necessary, they can be successfully
enforced. |
| |
|
90. Planning authorities should not impose planning conditions on issues
that are more suitably dealt with by waste management licensing conditions.
For example:
- A surety or restoration bond is an indemnity bought by operators from
an insurance company. The purpose of a bond is to ensure that there
is a guarantee against the failure of an operator or contractor to comply
with the conditions of a planning consent or licensing condition. With
regard to planning consents, the beneficiary is, in effect, the planning
authority, protected against the costs of restoration in the event of
the operator’s failure. The need for such a bond is likely to be
covered by SEPA’s licensing. Should the planning authority consider
the use of a surety bond then, to avoid duplication, a check should
be made with the SEPA PPC team dealing with the licensing application.
In all cases where the planning authority considers it is necessary
to obtain such a bond, it is advisable that the council's legal services
department is involved at an early stage in any negotiations.
- In the interests of local amenity, planning authorities may want to
control the cleaning of commercial vehicles leaving the site in order
to prevent mud or waste material being deposited on public roads. The
waste management licence issued by SEPA will often cover this and the
planning authority should check to avoid duplication. A condition requiring
that vehicles moving on to the public highway should be clean should
normally be sufficient but conditions may also be required for wheel
cleansing equipment.
|
| |
|
91. A Good practice guide on planning conditions for waste management
facilities was published by the former County Planning Officers’
Society in 1997. This guide provides model conditions that can be tailored
to the character of the site in question. Requests for copies, priced £10,
should be addressed: For the attention of Planning Officers' Society, c/o
Environmental Services Directorate, Dorset County Council, County Hall,
Dorchester DT1 1XJ (Tel (01305) 224243). |
| |
|
Planning Agreements |
| |
|
92. NPPG 1 and Circular 12/1996: The Town and Country Planning (Scotland)
Act 1972 Planning Agreements explain that conditions (including, where
appropriate, suspensive conditions) rather than agreements should be relied
upon if possible. Nevertheless, planning agreements may have a role to play.
|
| |
|
93. Where the planning authority enter into planning agreements with waste
operators to mitigate the impacts of waste and waste development, the authority
should not use an applicant’s need for planning permission to obtain
a benefit which is unrelated in nature, scale or kind to the proposed development.
The presence or absence of unrelated inducements or benefits should not
influence the planning authority’s decision (paragraph 53 of NPPG 1).
|
| |
|
Landfill Tax |
| |
|
94. The landfill tax credit scheme is regulated by ENTRUST. Project selection
is administered by landfill operators and environmental bodies. The Government
has set an indicative target of 65% of landfill tax credits to be allocated
to sustainable waste management projects and for at least a third of these
to be allocated to recycling projects. Planning authorities should note
that occasionally, funds may be directed to projects that require planning
consent. They should demonstrate:
- a clear public benefit;
- attain environmental improvements;
- protect public amenities;
- restoration of category A and B listed buildings, or
- habitat improvement.
95. The landfill tax credit scheme is inappropriate for projects involving
work required by:
- general duties of a local authority;
- an enforcement notice;
- planning consent;
- any other statutory consent or approval (e.g. a waste management licence);
- a section 75 agreement.
96. Further information is available from:
- Customs and Excise National Advice Service Tel: 0845
010 9000;
- ENTRUST, Mirren Court 3, 123 Renfrew Road, Paisley PA3 4EA (Tel 0141
561 0390), www.entrust.org.uk.
or
- the Scottish Landfill Tax Credit Forum at www.sltcf.org.uk.
|
| |
|
Education |
| Information on waste management
- City of Edinburgh Council's Catalogue of Education Resources with
information on waste management workshops and visits for schools and businesses
is available at www.edinburgh.gov.uk/. |
|
97. The new approach to waste management is a process of change and needs
to be supported by information and education from a wide range of sources
leading to a change in behaviour. Education embraces the availability of
information, debate, research and experience. Behaviour modification is
needed to reduce waste and encourage more reuse and collection for recycling
— education is a means to that end. Waste management is still an emerging
discipline and is frequently misrepresented. Learning is for everybody —
from officials and councillors to practitioners and the public including
schoolchildren. |
| |
|
98. The Executive, along with COSLA, SSDP and RTPI, has published a guide
to training in planning for councillors. The training is designed to be
modular. After core training, further topics, including AWPs are mentioned
and planning officials could provide further training where waste management
is a live issue. |
|
Good Educational Practice
East Dumbartonshire Council has produced a leaflet to support
its initiative with SEPA and Strathclyde Police to crack down on fly tipping.
South Ayrshire Council's website gives details of recycling centres
at:
http://www.south-
ayrshire.gov.uk/
protection/recycla2.pdf.
West Lothian Council has set up ‘Bung it in the Bin’,
designed to encourage a zero tolerance approach to litter.
|
|
99. SEPA is promoting education priorities on awareness of recycling,
resource use, the consumer’s role and environmental issues relating
to waste. The Sustainable Scotland website at www.sustainable.scotland.gov.uk/
is a useful information source and contains links to waste topics. The
Scottish Waste Awareness Group (SWAG) is a Scotland-wide group whose aim
is to deliver a national campaign called 'Waste Aware Scotland' www.wascot.org.uk
to raise public awareness of household waste issues. It is closely linked
to the objectives of the NWS and has cross-sectoral support. SWAG's objectives
are to:
- influence what people can do to reduce waste in the home;
- increase public awareness of and encourage positive action for waste
generation and management;
- raise the profile of waste as an environmental priority;
- increase the level of personal responsibility for waste;
- promote the three Rs — Reduce, Reuse, Recycle - with an emphasis
on Reduce; and
- create better understanding and recognition of the need for waste
management facilities of all kinds.
|
| |
|
100. Remade www.remade.org.uk
and Forward Scotland www.forward-scotland.org.uk/
and Keep Scotland Beautiful are examples of other outreach agencies whose
staff are keen to inform and educate. Some councils have embarked on hearts
and minds initiatives in waste collection, fly tipping and litter "zero
tolerance". Information and education will be crucial in allowing all of
us to make the decisions necessary to move away from a culture reliant primarily
on disposal. |
|
Douglas Good Neighbour Charter
In May 2000, the UK's first Good Neighbour Charter was signed by a local
councillor, community representatives, and the Chair of the Board of Dundee
Energy Recycling Ltd who operate the waste incinerator at Baldovie. Further
information on these agreements is available from Friends of the Earth.
|
|
101. The waste industry also needs to be well informed to ensure that
a facility is a ‘good neighbour’. Existing operations need not
be viewed with suspicion if they are well run. A well run site is about
the experience of people who live nearby as well as how it is planned and
operated. A liaison committee between the planning authority, SEPA, the
operator and community councils can be a useful way of involving local residents.
Friends of the Earth’s Good Neighbour Agreements aim to improve relationships
between industries and neighbouring communities. Companies agree to meet
high environmental standards, and receive the support of their local communities.
|
| |
102. New development proposals are usually mistrusted and need to be handled
carefully. The planned approach advocated in NPPG 10, this PAN, the NWS
and its AWPs allows the public to have a say in how waste which is created
in communities by industry, commerce and households should be managed. While
speculative proposals cannot be ruled out and must be treated on their merits,
those that fit with emerging AWP policy are more likely to receive consent.
Council officers should take action to promote education in waste management.
Councils and industry can provide information about waste management proposals
through statutory advertisement, exhibitions, or public meetings. Planning
authorities may want to consider informing the public about policy through
news items, peoples’ forums, citizens' juries, community councils,
or other means. The use of council websites may also provide a forum for
information and feedback. |
