County Durham Waste Local Plan.

13 Development Control.

13.1 All waste management processes have the potential to adversely affect the environment.  This is largely due to the nature of the material being handled, the method of treatment and disposal or the scale of operations and the long-term consequences of the deposit of waste.  In preparing planning applications, applicants will be expected to take full account of all relevant planning policy guidance, and, where appropriate, mineral planning guidance, particularly MPG 7, ‘The reclamation of mineral workings’.  Paragraph 3.5 of PPG 23 ‘Planning and Pollution Control’ states that, ‘Planning authorities must have sufficient information on which to base their development control decisions’.  This is needed to enable a balanced and fully informed assessment of all relevant considerations. Such information should include, as appropriate:

1. Need for the facility;
2. Benefits of the proposal;
3. Present use of the site;
4. Full working scheme, including method of handling, phasing, treatment, processing and storage of material;
5. Type(s) of material to be accepted and recycled/managed;
6. Source and amount of waste material available and its eventual destination;
7. Site area and capacity;
8. Estimated maximum daily/yearly rate of acceptance of material (loads and tonnes);
9. Duration of operation;
10. Hours and days of operation;
11. Details of vehicular site access – existing and proposed;
12. Details of car parking and vehicle circulation areas;
13. Transport arrangements, traffic levels and traffic routeing associated with the operation;
14. Details of all buildings and structures associated with the proposal;
15. Details of all plant/machinery to be used;
16. Assessment of landscape and ecology;
17. Assessment of the presence of any protected species and details of proposals for their protection;
18. Measures to monitor/prevent or minimise pollution and environmental disturbance;
19. Surface drainage details and hydrogeology;
20. Geology;
21. Number of site employees;
22. Existing site features, including trees, hedgerows water courses, land drains, ponds, underground services and overhead lines on or adjacent to the site;
23. Compatibility with existing or proposed neighbouring land uses, landscape and visual impact;
24. Site preparation works, including details of all fencing, landscaping and other associated works to be provided before or during the operations;
25. The local impact of emissions to atmosphere of any product gases resulting from energy from waste facilities.  Such impacts to be quantified and modelled to produce maximum ground level concentrations of gases against nationally acceptable air quality standards;
26. A detailed reclamation scheme, addressing where appropriate gas and leachate infrastructure, methods and machinery for handling and storage of soils, pre and post settlement levels, final contours, and relationship of the final landform with the surrounding area;
27. Impact on public rights of way/bridleways, etc.;
28. Assessment of potential impacts on all elements of the historical environment, including archaeology;
29. After-care;
30. After-use; and,
31. Long term management provisions.

Environmental Impact Assessment.

13.2 Environmental assessment is a technique for drawing together, in a systematic way, analysis and assessment of a project’s likely environmental effects.  The information provided enables the identification and evaluation of likely effects and assists WPA’s in making decisions on planning applications.

13.3 The process is governed by the Town and Country Planning  (Environmental Impact Assessment) (England and Wales) Regulations 1999.  The WPA has to take account of the Regulations, and relevant government advice including Circular 2/99, when deciding whether to require an Environmental Impact Assessment.  The 1999 Regulations describe two groups of projects, Schedule 1 and 2.

13.4 For any planning applications for development falling under Schedule 1, Environmental Impact Assessment is mandatory.  Schedule 1 developments include waste disposal installations for the incineration, chemical treatment or landfill of hazardous waste, or the incineration or chemical treatment of non hazardous waste with a capacity exceeding 100 tonnes a day.

13.5 For any planning applications falling under Schedule 2, the WPA has to decide whether an Environmental Impact Assessment is required based on guidance in the Regulations.  Schedule 2 developments include installations for the disposal of waste, waste water treatment plants, and the storage of scrap iron within 100 metres of any controlled waters.

13.6 Pre-application discussions with the County Council are advised to establish whether an EA is needed and, if so, which issues are most important.  If an applicant disagrees with the decision requiring an Environmental Statement to be produced then a direction must be obtained from the ODPM.

Planning Conditions.

13.7 Under section 70 of the Town and Country Planning Act, the WPA can grant planning permission subject to conditions.  In accordance with Government guidance contained in Circular 11/95, it is preferable to avoid nuisance and adverse impact by imposing planning conditions rather than to resort to other legislation after problems have developed.  Permission will only be granted where it is clear that operations can be carried out in such a manner so as to minimise disturbance, mitigate any adverse impact of the development, and where appropriate, achieve satisfactory restoration and aftercare to a beneficial after use.  Where necessary, conditions will be attached to any permission to secure this.  Conditions should only be imposed if they satisfy the following tests; necessity, relevant to planning, relevant to the development being permitted, enforceable, precise and reasonable in all other respects.

13.8 The list below sets out some of the issues the WPA may seek to control through the imposition of suitable planning conditions. The list is not intended to be exhaustive but aims to provide a guide for the control of waste development proposals.

1. commencement and duration of the operation (including completion and reclamation of landfill, temporary ancillary facilities, and removal of plant and buildings);
2. protection of landscape, areas of nature conservation, geological and scientific value;
3. protection of local amenities and the environment, including measures to control noise, emissions, light, smell, dust, litter and any other nuisances arising from waste development;
4. measures to protect, drainage, flood prevention and water resources from pollution on site and in the surrounding area;
5. the preservation in situ and/or the investigation and recording (including the appropriate publication of results) of archaeological remains, including an archaeological watching brief for works in progress;
6. protection of rights of way;
7. restrictions on the hours and days of operation; this may exclude weekends, public holidays and night time working;
8. details of the layout and design of buildings, plant, operational areas, means of access, working areas and haul roads;
9. the provision of new landscaping/screening and fencing including the prior planting and subsequent maintenance of trees, shrubs or hedges around the periphery of the site in order to screen the development;
10. the prevention of mud being carried onto the public highway and measures to mitigate this, including the provision of wheel cleaning facilities and suitably surfaced access roads;
11. controlling how and when soils can be handled, stripped and stored;
12. details of phasing of infilling and progressive reclamation of the site, including depth of soil cover following completion of importation of waste materials, and satisfactory surface infrastructure for the control of landfill gas emissions and leachate control to ensure that the achievement of the approved afteruse is not compromised;
13. provision of aftercare measures;
14. the retention and maintenance of habitats of acknowledged nature conservation value, or creation of replacement habitats where appropriate;
15. long term land stability; and,
16. restrictions on lorry movements into and out of a site.  These may be in the form of average and/or maximum levels.

Legal Agreements.

13.9 The Planning and Compensation Act 1991 substitutes new sections for the Section 106 provisions of the Town and Country Planning Act 1990 and introduces the concept of planning obligations which comprise both planning agreements and unilateral undertakings.  This provides for the WPA to enter into an agreement with any person with an interest in the land in their area for the purpose of restricting or regulating the development or use of that land.

13.10 The WPA will seek to secure legal agreements, where appropriate, in order to achieve control over waste operations, and ultimate reclamation and aftercare, which are beyond the scope of planning conditions and cannot otherwise be adequately covered under other relevant legislation.  Legal agreements can usefully cover such matters as:

• traffic management;
• off-site highway works, including improvements and maintenance of sites;
• transfer/dedication of public open space/rights of way;
• off-site landscaping works;
• revocation of rights conferred by previous planning permissions;
• preparation of reports reviewing the viability and economic feasibility of recycling; and,
• long term management of restored landfill sites.

They may also cover several of the issues listed in para 13.8, such as the protection and enhancement of nature conservation features, which may require a long term commitment to management.

13.11 Where the Waste Planning Authority is minded to grant planning permission subject to a legal agreement, the permission will not be issued until the legal agreement is completed by all parties. It is common for all parties with an interest in the application site to be required to be signatories to such agreements.

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