PROPOSED DEVELOPMENT OF AN AIR POLLUTION CONTROL RESIDUE (APCR) PRE-TREATMENT FACILITY AT WHISBY LANDFILL SITE, LINCOLNSHIRE

Transcription

1 PROPOSED DEVELOPMENT OF AN AIR POLLUTION CONTROL RESIDUE (APCR) PRE-TREATMENT FACILITY AT WHISBY LANDFILL SITE, LINCOLNSHIRE PLANNING APPLICATION DOCUMENTATION September 2011 Camellia House 76 Water Lane Wilmslow SK9 5BB t e enquiries@axisped.co.uk

2 Contents Part 1: Planning Application Forms and Certification Part 2: Design and Access Statement Part 3: Supporting Statement 1.0 Introduction and Development Context 2.0 Planning History 3.0 Planning Policy Context and Appraisal Figures Figure 1 Site Location Plan Appendices Appendix 1-2 Planning Application Scoping Exercise Part 4: Statement of Community Involvement Part 5: Planning Validation Checklist Part 6: Scheme Drawings 953_APCR_01 953_APCR_02 D 953_APCR_03 D 953_APCR_04 D 953_APCR_05 B 953_APCR_06 B Location Plan Site Plan Block Plan APCR Elevations and Floorplan Weighbridge Office Elevations and Floorplan Fencing and Gating Plan /Planning Application Document September 2011 APCR Facility, Whisby landfill site i

3 Part 1: Planning Application Forms and Certification

4 Part 2: Design and Access Statement

5 Part 3: Supporting Statement

6 1.0 Introduction and Development Context 1.1 General Background This Supporting Statement has been prepared in support of a planning application for the development of an Air Pollution Control Residue (APCR) pre-treatment facility on land at Whisby landfill site. The purpose of the facility is to pre-treat APCR arising from the consented Lincolnshire Energy from Waste (EfW) facility and other facilities, prior to its disposal within a hazardous waste mono-cell under the landfill site s existing planning permission. The background to this application is described in more detail below Waste Recycling Group (WRG) has been successful in securing Lincolnshire County Council s long-term (25 year) residual waste contract. To fulfil the requirements of this contract WRG s solution for the management of Lincolnshire s residual waste comprises three main elements: 1. The development of an EfW facility on land off Paving Way, North Hykeham for the treatment of residual waste; 2. The development of an Incinerator Bottom Ash (IBA) recycling facility on land owned by WRG immediately adjacent to the above EfW facility. This facility would receive raw IBA from the Lincolnshire EfW and other facilities before processing the IBA (through mechanical screens and maturation) into aggregate capable of widespread use in construction projects. It would also recover metals from the IBA which would be sent for recycling; 3. The development of an APCR pre-treatment facility on land owned by WRG at Whisby landfill site. This facility would pre-treat APCR arising from the EfW and other facilities before it is disposed of within a hazardous waste mono-cell which would be developed under the site s existing planning permission. 1.2 This Application The aforementioned EfW facility already benefits from planning permission (reference: N43/1186/08) granted by the Waste Planning Authority (WPA) on September

7 31 July The permission is subject to 34 conditions and a Section 106 Agreement. A copy of the permission notice is contained at Appendix 1-1. The applicant was Lincolnshire County Council (LCC) Waste Disposal Authority (WDA) and the consent was secured for a facility with a capacity to treat 150,000 tonnes per annum (tpa) of waste. WRG commenced construction of the Lincolnshire EfW facility in April This application seeks to provide a facility capable of pre-treating APCR arising from the Lincolnshire EfW and other facilities, prior to its disposal within a designated hazardous waste mono-cell. The planning and permitting issues associated with the construction of a designated hazardous waste mono-cell is provided in Section 3.0. However, it is proposed that any permission granted for the APCR facility would be co-terminus with the life of the landfill. 1.3 Interfaces with Other Proposals In addition to this application (comprising of an ES and Planning Application Document), as part of the proposals for the management of Lincolnshire s residual waste, WRG will be submitting other planning applications to facilitate the delivery of the contract. In the immediate future a separate application relating to the aforementioned IBA recycling facility, located at North Hykeham landfill site is anticipated to be submitted. In addition a Section 96a application to undertake non-material amendments to the Lincolnshire EfW has been submitted and is awaiting determination In addition, planning permission was granted on the 26 July 2011 (reference N43/0546/11) to reduce the diameter of the chimney stack at the consented Lincolnshire EfW and vary the proposed landscape scheme. 1.4 The Site The application site is located within the boundaries of Whisby landfill site. In terms of wider geographical area, the site is located within the open countryside circa nine kilometres to the southwest of Lincoln and circa six kilometres to the southwest of the consented Lincolnshire EfW facility. The site September

8 is broadly bound by open fields to the north, Thorpe Road and residential properties to the east, the Lincoln to Newark railway line and further mineral workings to the south and open countryside and mineral workings to the west. The site location plan (Figure 1) illustrates the location and relationship of the application site in respect to its surroundings The site is proposed to be located at Whisby landfill site (which has been temporarily mothballed) which forms a wider area of mineral extraction and aggregate processing. Landfill operations can be restarted in a relatively short period of time (under the existing planning permission) as the site retains various elements of infrastructure including internal access/haul roads, weighbridge and associated weighbridge office. Access to the landfill site is gained from Eagle Road via a lengthy existing concrete haul route/roadway which is shared with the aforementioned aggregate operation The application site is situated within the south eastern part of Whisby landfill site. The site is bound to the north by an existing water body (lagoon), beyond which are aggregate piles/bunds. Other areas of the landfill site that are not subject of landfilling operations (including the existing internal haul road, weighbridge and associated weighbridge office) are located to the east. A collection of mature trees (forming a linear [east/west] feature) are located immediately to the south of the site, beyond which is an existing internal haul road and restored landfill cells and leachate treatment lagoons The application site itself comprises of disturbed land which, although falling within the area consented for landfill, has never been the subject of landfilling. Several existing structures (tow metal sheds and landfill gas engine) are located on/or immediately adjacent to the proposed facility, they would remain unaffected during the development of the APCR facility. September

9 1.5 The Applicant WRG is a leading UK waste management and energy recovery company and is part of Fomento de Construcciones y Contratas (FCC), the international environmental services, infrastructure and energy group WRG is focused on delivering integrated waste management and energy recovery solutions to meet national, regional and local needs for local authorities and private commercial businesses. The Company operates facilities for the receipt, recycling and disposal of waste, including a network of waste transfer and recycling centres and a regional network of landfill sites. It also manages a wide range of recycling sites of behalf of local authorities for use by the general public. 1.6 The Planning Application and this Document This planning application for the development of an APCR facility comprises of the following. Planning Application Document (PAD) Documents forming the application Documents supporting the application Part 1 Part 6 Part 2 Part 3 Part 4 Part 5 Environmental Statement (ES) Documents supporting the application Planning Application Forms and Certification Planning Application Drawings Design and Access Statement Supporting Statement Statement of Community Involvement Planning Validation Checklist Volume 1: Main Report and Technical Appendices Volume 2: Non-Technical Summary This document constitutes the Supporting Statement, which has been prepared to accompany the planning application. Following on from this introduction, Section 2.0 provides a detailed assessment of the planning history at the landfill site and Section 3.0 provides an overview of the planning policy and September

10 guidance relevant to the determination of this planning application. Finally, Section 4.0 draws a number of concise conclusions. September

11 2.0 Planning History 2.1 This section identifies the planning history relating to the Whisby landfill site, where the APCR facility would be located. The planning history relating to the application site has been established following a thorough review of the planning application records held by WRG and LCC. The two applications of most relevance are summarised in Table 2.1 below. Table 2.1: Main Planning Permissions Planning Permission Reference N.23&64/885/82 Description Planning permission was granted for the extraction of sand and gravel, to erect a processing plant, office accommodation and ready mixed concrete plant. The planning permission allowed for the restoration of the site through the importation of fill material to a condition that was deemed to be suitable for agricultural purposes. Permission Issue Date 05 September 1984 N /828/96 Planning permission granted for an extension to Whisby quarry with restoration in part to agriculture (utilising imported fill material) woodland, water-based recreational use and nature conservation. 09 July It should be noted that in addition to the main planning permissions referenced above, there has also been a number of other planning applications/permissions relating to minor works/developments, these are summarised in the Table 2.2 below. Table 2.2: Minor Planning Permissions Planning Description Permission Reference N23&64/885/82 Approval of reserved matters in respect of Condition 2 of planning permission N23&64/885/82 Scheme of Working N23&64/885/82 Approval of reserved matters in respect of Condition 3 of planning permission N23&64/885/82 Restoration Permission Issue Date 23 June January 1988 N23&64/885/82 Variation to Condition 2 of planning permission 03 March 1993 September

12 N23&64/885/82 Scheme of Working N23&64/885/82 Approval of reserved matters in respect of Condition 8 of planning permission N23&64/885/82 Restoration 23 July 1996 N23/27/825/96 N23/0904/00 Construction of a new vehicular access to Whisby Quarry and the development of a civic amenity compound Planning permission for the development of a fenced compound housing a set of landfill gas generators for the generation of electricity at the site. September October 2000 N23/0689/01 Planning permission for a composting facility. 2001/2002 N64/0205/11 To construct and utilise two leachate treatment lagoons within an existing landfill site (Retrospective) 12 April It is apparent from the table above that the site has a long history of sand and gravel extraction and restoration through the importation of waste material. It is also clear that, although the site is located within the open countryside (as defined by the North Kesteven Local Plan Proposals Map), there has been a general acceptance of built development associated with the mineral extraction and waste management operations at the site. 2.4 Before considering the planning implications of the proposed facility, it is important to note that in addition to the APCR facility there would also be a requirement for the development of a hazardous waste mono-cell at the existing landfill site, for the final disposal of APCR. The planning implications associated with the creation of the hazardous waste mono-cell are discussed below. 2.5 The proposed area for establishing the hazardous waste mono-cell is within the curtilage of the current planning consent and Environmental Permit boundaries at Whisby landfill site. 2.6 The planning consents of relevance to the site are N.23/27/64/885/82 (original permission) and N/23/27/64/0828/96 (extension to quarrying, varying the final September

13 restoration scheme) both of which refer to the extraction of sand and gravel and the restoration (in-part) with imported fill materials. Both consents and applications have been reviewed and neither states that the site should be restored with a specific waste type; they just make reference to the importation of waste materials. Notwithstanding this fact, WRG has sought the WPAs opinion on whether or not the current planning consents for Whisby landfill site allows for the pre-treatment and disposal of APCR arising from the consented Lincolnshire EfW and other EfW facilities, without the need to apply for a variation to the planning consent, or submit a new application. The WPA have provided the following response (by dated 26 November 2009): C.2 of pp N23&64/885/82 specifies that the land is to be restored by the importation of fill materials. There is no specific mention in the planning permission or conditions as to what the "fill materials" must be as these were not known at the time the planning permission was granted. The original committee report did anticipate that the site would originally be restored back to ground levels and that a legal agreement was required to secure the supply of fill materials (presumably with us acting as the Waste Disposal Authority). Revised restoration details were later approved and these allowed for the infilling of the site to higher levels (i.e. domed landform) to reflect the fact that the site was to be restored using domestic wastes. Permission N.23/27/64/828/06 is similar to the above except in this case reference to restoration with imported fill is cited in the description of the development and not a condition. In light of the above, as far as I can tell there is no specific restriction on either permission regarding the type of wastes to be used to restore the site. The only planning permission control we would appear to have is the requirement that the site be restored in accordance with the restoration scheme/landform/profile as approved by us 2.7 In their response, the WPA made a number of comments relating to landfill restoration and Environmental Permitting issues. It is proposed that the life of the APCR facility would be tied to that of the existing landfill site and would have no impact on the approved site restoration proposals. In terms of permitting, it is recognised that a modification to the existing Environmental September

14 Permit would be required, which would involve the submission of a separate application to the Environment Agency (EA). 2.8 It should also be noted that, in a subsequent pre-application meeting with the WPA on the 26 May 2010, they provided further confirmation that the planning position in respect of the hazardous waste mono-cell was properly accounted for in the landfill permission and that no further submissions would be necessary for this element of the scheme. 2.9 In light of the above, it is WRG s view, confirmed by the WPA, that no new planning permission would be required to facilitate the disposal of treated APCR in Whisby landfill site. As a consequence, this planning application focuses upon the development of the APCR pre-treatment facility and does not take the consented landfill operations into account. September

15 3.0 Planning Policy Context and Appraisal 3.1 Introduction This section undertakes an appraisal of the proposed development of an APCR pre-treatment facility in the context of all current and emerging planning policy and guidance Following on from this introduction, this appraisal is divided into three principal sub-sections. Sub-section 3.2 provides a brief overview of the relevant policy context and identifies the principal documents to which further reference is made. Sub-section 3.3 provides an assessment of how the proposal accords or otherwise with the relevant national, regional and local waste planning policy framework. Finally sub-section 3.4 provides a concise conclusion. 3.2 Policy Context Overview Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires applications for planning permission to be determined in accordance with the statutory Development Plan unless material considerations indicate otherwise. In the case of this application, the relevant statutory Development Plan comprises: East Midlands Regional Spatial Strategy (March 2009); Lincolnshire Waste Local Plan Saved Policies (May 2006); North Kesteven Local Plan Saved Policies (September 2007). Transitional Arrangements The Emerging Development Plan With regard to the statutory Development Plan identified above, the Planning and Compulsory Purchase Act 2004 introduced fundamental reforms to the Planning System. These reforms include the preparation of a new compilation of documents referred to as the Local Development Framework (LDF). The September

16 preparation of emerging documents, forming part of the LDF, varies and until such time emerging documents are adopted, under transitional arrangements, policies have ceased to be automatically saved unless, in accordance with a protocol issued by the Department for Communities and Local Government (DCLG), the relevant authority submits a request to further save policies. Status of Regional Strategies A key issue with regard to the Development Plan relates to the future of Regional Strategies, in this case RPG10. On the 27 May 2010 the Secretary of State for the Department of Communities and Local Government (DCLG) wrote to Local Planning Authorities (LPAs) and the Planning Inspectorate (PINs) to inform them that it was the Government s intention to abolish Regional Strategies (RSs) in the forthcoming Localism Bill. Furthermore, the Secretary of State set out that he expected decision makers to have regard to this letter as a material planning consideration. Subsequently, on the 6 July 2010, the DCLG issued a letter to all Chief Planning Officers confirming that the Secretary of State (SOS) had formally revoked RSs with immediate effect However, CALA Homes challenged the Secretary of State s statement of 6 July 2010 contending that firstly the Government had acted unlawfully in unilaterally revoking the system of RSs in England because the powers set out in section 79 [6] of the Local Democracy, Economic Development and Construction Act 2009 could not be used to revoke all Regional Strategies in their entirety, and secondly, that the decision to revoke RSs had been taken without the necessary consideration of the likely significant environmental effects of this decision, which was therefore in breach of the Strategic Environmental Assessment Directive and Regulations. The High Court ruled in favour of CALA Homes and judged that the action of the SOS had been unlawful. The effect of this decision was to re-establish RSs as part of the development plan The Government immediately responded indicating that the ruling would not change it s policy, as it still intended to legislate for planning reform. The ruling September

17 prompted DCLG to write to LPAs on the 10 November 2010 attaching the proposed clause of the Localism Bill that would enact the commitment, and further that LPA and the PINs should still have regard to the letter of the 27 May 2010 from Communities Secretary the Rt Hon Eric Pickles in any decisions they are currently making, stating that regional plans were to be abolished This led to back and forth legal action between CALA Homes and DCLG which ultimately resulted, on 27 May 2011, with the Court of Appeal ruling in the Government s favour. This judgement means that the proposed abolition of the strategies can be regarded as a material consideration by local planning authorities and Inspectors when deciding planning applications and appeals. The weight to be applied is dependent on the specifics of the individual development at the time the decision is made In addition to the chain of events described above, the Government published the Localism Bill on the 13 December 2010 which, alongside other sweeping changes to the planning system, confirmed the Government s intention to remove Regional Strategies. The Bill has been debated through the House of Commons and is currently being considered by the House of Lords. The revocation of RSs will only be formalised once the Bill receives Royal Assent which is anticipated in late Material Considerations Whilst the statutory Development Plan is reasonably up to date there are a number of other documents and guidance which are considered to constitute material planning considerations in the determination of this planning application. These are judged to comprise the following: Planning Policy Statement 10 (PPS10): Planning for Sustainable Waste Management (March 2011); Planning Policy Statement 1 (PPS1): Delivering Sustainable Development (January 2005); September

18 Planning Policy Statement 23 (PPS23): Planning and Pollution Control (November 2004); Joint Municipal Waste Management Strategy for Lincolnshire (June 2008); Lincolnshire Minerals and Waste: Core Strategy and Development Management Policies (Preferred Minerals and Waste Strategies (June 2010)); Consultation on Draft Policy DM19 (June 2011); Lincolnshire Minerals and Waste Development Framework: Submitted Sites and Accompanying Site Assessment Methodology (June 2010); North Kesteven Local Development Framework: Central Lincolnshire Core Strategy: Issues and Options (October 2010). 3.3 Detailed Policy Context The policies relevant to the development contained within the statutory Development Plan are summarised below. East Midlands Regional Spatial Strategy The East Midlands Regional Spatial Strategy (EMRSS) was adopted in March 2009 and currently forms part of the statutory Development Pan. As a result overarching regional policies, including those relating to waste, have been identified below Policy 1 of the EMRSS Sets out the Regional Core Objectives that are deemed to be essential to the delivery of sustainable development within the East Midlands. Part G of this policy indicates that the plan should protect and enhance the environment by: reducing the amount of waste produced and increasing the amount recycled or otherwise beneficially managed. The proposal would demonstrably accord with this requirement Policy 38 of the RSS sets out Regional Priorities for Waste Management and states that: All relevant public and private sector organisations, including manufacturing, importing and packaging firms, should work together to September

19 implement the Regional Waste Strategy and promote policies and proposals that will result in zero growth in all forms of controlled waste by 2016 and waste being treated higher up in the waste hierarchy set out in the National Waste Strategy (Waste Strategy for England: 2007) All Waste Collection Authorities and Waste Disposal Authorities should achieve a minimum target for the recycling and composting of Municipal Solid Waste of 30% by 2010 and 50% by The policy also identifies the broad locational requirements for the development of new waste management facilities, it states that: In the Eastern Sub Area, the future pattern of provision should combine larger facilities in and around Lincoln and the sub-regional centres, with a dispersed pattern of similar facilities in more rural areas It is considered that the proposal would assist in the achievement of these policies for the following reasons. The propossl would facilitate the pre-treatment of APCR which is necessary to allow the implementation of the Regional Waste Strategy in line with Policy 38; The facility is proposed to be located at Whisby landfill site (for co-locational requirements associated to the disposal of the APCR) and is located close to the consented Lincolnshire EfW (which it will serve). In addition, the location of the facility accords with the broad locational requirements for waste development in the Eastern Sub-Area. Lincolnshire Waste Local Plan The Lincolnshire Waste Local Plan (WLP) was adopted in May As identified previously, following changes to the Planning System LCC sought to further save all of the WLP policies beyond the initial three year period. Confirmation that all of the policies in the WLP had been further saved was provided on the 7 th May September

20 3.3.8 The purpose of the WLP is: to set out detailed land-use policies and proposals for waste management and disposal in the County of Lincolnshire (Paragraph 1.1). The specific role of the WLP is described in Paragraph 1.5 as to: Help set the agenda for waste reduction, re-use and recycling in Lincolnshire; Set the framework for the most sustainable approach at the present time, and over the Plan period, for dealing with waste in Lincolnshire; Provide a land use strategy and development control interpretation of the Municipal Waste Management Strategy for Lincolnshire and the Draft Regional Waste Strategy for the East Midlands; Provide the criteria and standards by which planning applications for waste management development can be judged When assessing the proposal Policy WLP1 Objective of the Plan, Policy WLP19 Hazardous Waste and Policy WLP21 Environmental Considerations are considered to be of most relevance Policy WLP1 promotes the management of waste further up the waste hierarchy. As noted in the response to regional policy above, whilst the proposals would not strictly move the management of waste up the waste hierarchy, it must be recognised that APCR is an inevitable by-product of an EfW process which allows for greater quantities of residual waste to be managed further up the waste hierarchy Policy WLP1 also indicates that in applying the hierarchy and assessing the need for waste facilities regard will be paid to the proximity principle, regional self sufficiency, policies and proposals in neighbouring authorities, the use of best available techniques and the environmental setting of the facility. In terms of the above the following should be noted: The concept of the proximity principle no longer forms part of the waste policy framework. The traditional employment of which has been replaced by PPS10 and the key planning objective of: communities taking more responsibility for their own waste. The proposal has been September

21 assessed against relevant national policy (under the material consideration sub-heading) and has been found to be in full compliance. The proposal would ensure that waste generated within the region continues to be managed within the region and therefore contributes towards the achievement of regional self-sufficiency and objective of communities taking responsibility for their own waste. It is considered that the techniques proposed are the most appropriate to ensure APCR is appropriately pre-treated prior to its disposal in a hazardous waste mono-cell Policy WLP19 sets out the specific circumstance where planning applications for the development of hazardous waste management facilities will be permitted, it states: Additional facilities for the handling, treating, processing or disposal of hazardous waste will be permitted only if the waste planning authority is satisfied that there is a local need for such a facility and its uses best available techniques: 1. Where they form an integral part of an existing major waste management site (except landfill); 2. Within a medical or research institution which is generating the waste; or 3. On land for general industrial use (B2) and 4. Meets the criteria set out in policy WLP21. Proposals for the treatment, storage and disposal of intermediate and high level radioactive waste will not be permitted As demonstrated in Chapter 2.0 of the ES, there is a clear local need for a facility to pre-treat APCR arising from the consented Lincolnshire EfW facility and other facilities. It has also been demonstrated that the proposed method of pre-treatment represents a proven technique for pre-treating APCR, prior to disposal In terms of the other criteria set out in the policy, it appears that the first bullet point precludes the development of hazardous waste facilities on existing September

22 landfill sites. It is not considered that this part of the policy is relevant in this instance on the basis that there is an essential fixed co-locational requirement between the proposed facility and the landfill site. The reason for this is that that the pre-treatment process is used in advance of its disposal in order for the residues to be stabilised and thus meet waste acceptance limits specified by the Landfill Regulations. Once pre-treated the residue needs to be disposed of relatively quickly due to the fact it takes on a similar nature to a concrete mix and begins to harden and set due to the composition of the residue. In the event that this process were to be undertaken in an off-site location, it is likely that the stabilised APCR would have (in part at least) hardened/set by the time it arrives on the site, making the handling of the material and its ultimate disposal extremely difficult. By positioning the facility on the receiving landfill it is possible for it to be suitable pre-treated and placed in the landfill before the residue has fully hardened In terms of the final criterion, it is demonstrated below that the proposed development would be in full compliance with the relevant requirements of Policy WLP Policy WLP21 lists a series of general environmental considerations against which all waste management facilities should be assessed. These include: agricultural land, airfield safeguarding, landscape and visual impact, flood risk and surface water drainage, ecology and nature conservation, archaeology, traffic and transportation, contaminated land, noise, dust, odour and recovery of materials. The policy wording indicates that applications for waste management facilities will be granted if they accord with the relevant environmental considerations WRG s experience in operating other facilities/sites relating to the pretreatment and disposal of APCR shows that, whilst the residue is hazardous in terms of waste classification, the residue poses fewer amenity risks than disposal of non-hazardous wastes. Notwithstanding this, the accompanying ES has specifically considered the impact of the proposed facility in the context of the following technical and environmental issues: Traffic and Transportation; September

23 Air Quality; Noise and Vibration; Landscape and Visual Impacts; Ecology and Nature Conservation; Heritage; Surface Water and Flood Risk and Geology & Hydrogeology None of these assessments have concluded that the proposed APCR pretreatment facility would give rise to any significant adverse environmental effects. In addition, and for the avoidance of doubt, it should be noted that the proposed development would not affect the best and most versatile agricultural land and would not pose a risk in respect of airfield safeguarding In light of the above, it can be concluded that the proposal would be in full compliance with the requirements of Policy WLP21 and Policy WLP Finally, Policy WLP20 seeks to ensure that existing and proposed waste management facilities (including any sites where planning permission has been obtained) are safeguarded from inappropriate development. It is clear that the proposal accords with this policy. North Kesteven Local Plan The North Kesteven Local Plan was adopted in September Following North Kesteven District Council's application to further save policies the SOS directed (September 2010) that all policies contained within the Local Plan were to be saved Whilst, the Local Plan does not contain any policies or guidance that specifically relates to waste management development, it does contain a number of general environmental policies. The majority of these policies have already been addressed in the response to Policy WLP21 and therefore have not been assessed further here. However, the site is identified on the Local Plan Proposals Map as falling within the open countryside and as such the proposal has been considered in the context of Policy C2 Development in the Countryside (which specifically sets out the requirements for development in the countryside). September

24 Policy C2 states that: Planning permission will be granted for development in the Countryside (as shown on the Proposals Map) provided that it: 1. Will maintain or enhance the environmental, economic and social value of the countryside; 2. Will protect and where possible enhance the character of the countryside; 3. Cannot be located within or adjacent to a settlement; 4. Will not attract or generate a large number of journeys, and is located to provide opportunities for access by public transport, walking or cycling Whilst the proposed facility would constitute built development within an area that is designated as open countryside, there are a number of material factors which must be taken into account in considering its appropriateness in the context of Policy C2. 1. The site has planning permission for sand and gravel extraction with restoration through landfill. It also has planning permission for a number of buildings and fixed plant/machinery including a waste transfer station, weighbridges, site offices, sand and gravel processing plant and readymixed concrete plant. It is clear therefore that other built development associated with the operations has been accepted in the open countryside in the past. 2. The proposed development would be small in scale and, whilst it would extend to a height of circa 18-19m at the top of the silo, it would be effectively screened from key surrounding viewpoints by mature structural landscape planting located to the immediate south of the site and around the boundary of the landfill site as a whole. In addition, any views of the site would always be seen in the context of the ongoing mineral extraction and landfill operations. In light of this, the proposal should not result in any significant visual impacts. Further consideration of landscape and visual amenity issues are provided in Chapter 4.0 the ES. This concludes that during the construction and/or operation the proposal would exert little of no influence upon the existing landscape character or upon the nature of views. September

25 3. The APCR facility is to be developed for a temporary period, and would be co-terminus with the life of Whisby landfill site. It is proposed that, following the closure of the landfill, all equipment associated with the APCR facility would be removed and the final restoration of the site would be undertaken in accordance with the approved restoration scheme relating to the landfill site. Therefore, should the development be considered/assessed to have any impact upon the open countryside, it would not be permanent. 4. As described in the Chapter 3.0 of the ES the proposed development would not generate a large number of additional vehicle movements to the site and any change would not result in any unacceptable effects; 5. It is necessary for the facility to be located on the landfill in order that the APCR can be pre-treated in advance of its disposal within a hazardous waste mono-cell. Without the facility, it would not be possible to meet the hazardous waste acceptance criteria specified by the Landfill Regulations and dispose of the pre-treated residue in an appropriate manner It is considered that the points raised above constitute significant material considerations which justify the development of the facility in the open countryside. Material Planning Considerations Planning Policy Statement 10 (PPS10): Planning for Sustainable Waste Management (2011) National planning policy guidance in respect of waste management facilities is contained within Planning Policy Statement 10 (PPS10): Planning for Sustainable Waste Management, which was originally published in July 2005 and subsequently revised in March September

26 Paragraph 3 of the PPS10 sets out the key planning objectives planning authorities and regional planning bodies should consider in the preparation and delivery of their planning strategies. The relevant key planning objectives in respect of the proposal are set out below: Help deliver sustainable development through driving waste management up the waste hierarchy, addressing waste as a resource and looking to disposal as the last option, but one which must be adequately catered for. Whilst the proposal would not move the management of APCR up the waste hierarchy, it must be recognised that this material is currently unsuitable for recycling/recovery and disposal is the only available option. The proposal would simply pre-treat the residue to ensure that it meets the hazardous waste acceptance criteria specified by the Landfill Regulations. It should also be recognised that APCR is an inevitable by-product of an EfW process which, in its own right, allows for greater quantities of residual waste to be managed further up the waste hierarchy. Provide a framework in which communities take more responsibility for their own waste, and enable sufficient and timely provision of waste management facilities to meet the needs of their communities. The APCR facility would enable residues resulting from the consented Lincolnshire EfW facility to be managed and disposed of within the local area. It would, therefore, form part of an integrated network waste management facilities which allows communities in Lincolnshire to take more responsibility for their own waste. In addition, the facility would provide essential infrastructure in support of the consented Lincolnshire EfW facility for which there is a demonstrable need. Help implement the national waste strategy, and supporting targets, and are consistent with obligations required under European legislation and support and complement other guidance and legal controls such as those set out in the Waste Management Licensing Regulations As noted above, APCR is an inevitable by-product of EfW facilities which allows for greater quantities of residual waste to be managed further up the waste hierarchy and therefore supports the targets set out in Waste Strategy England 2007 (WSE2007). The facility itself would also assist in meeting September

27 various environmental objectives by pre-treating APCR in order to meet the hazardous waste acceptance criteria specified by the Landfill Regulations. Help secure the recovery or disposal of waste without endangering human health and without harming the environment, and enable waste to be disposed of in one of the nearest appropriate installations. The ES has demonstrated that the proposed facility would allow for the disposal of hazardous waste within acceptable limits and in a form that would not endanger human health or the environment. In terms of the latter point, the facility would pre-treat residue prior to its final disposal at the landfill site. Whisby landfill site constitutes the most suitable site locally for the final disposal of pre-treated APCR as the site already benefits from planning permission that allows for the disposal of this type of material. Therefore the landfill site meets the requirement for the disposal of waste at the nearest appropriate installation. Reflect the concerns and interests of communities, the needs of waste collection authorities, waste disposal authorities and business, and encourage competitiveness. The proposal would demonstrably meet the requirements of this policy principle for the reasons outlined below. - The facility would allow for the safe disposal of hazardous waste from a waste treatment process and therefore meet the concerns of the community in terms of the safe disposal of hazardous material; - The facility is located in close to the consented Lincolnshire EfW facility and would therefore benefit the WDA and public in terms of the distance waste has to be transported Paragraphs of PPS10 set out the locational requirements that WPAs should consider when identifying sites suitable for new/enhanced waste management facilities Paragraph 20 indicates that in searching for suitable sites and areas for new or enhanced waste management facilities waste planning authorities should consider: opportunities to co-locate facilities together and with complimentary activities. The proposed facility would represent such an September

28 opportunity as it would be co-located with the landfill site. Accordingly, it is considered to accord with the provisions of Paragraph Paragraph 21 sets out a number of criteria Waste Planning Authorities should consider when deciding which sites to identify for new waste management facilities. It is considered that the proposed facility would accord with the provisions of Paragraph 21 for the following reasons: It would, as demonstrated above, accord with the other key policies contained within PPS10; As demonstrated within this Supporting Statement and ES the proposal would not be contrary to the relevant provisions of Annex E of PPS10; It is not considered that the proposal would, in combination, with other waste management facilities result in a cumulative effect on local communities; The Transport assessment has confirmed that the proposals would not have any material impact upon the operation of the local highway network. Furthermore, there is no possibility of taking the APCR from the EfW facility to Whisby landfill by alternative transport modes; The proposal would be located within the boundary of the landfill site which currently contains infrastructure (access, internal haul roads, weighbridge and associated weighbridge office) essential for the operation of the proposed facility In light of the above, it can be concluded that the proposed facility would be wholly in accordance with the relevant policies of PPS10. Planning Policy Statement 1 (PPS1): Delivering Sustainable Development Planning Policy Statement 1 (PPS1), published in January 2005 sets out the Government's overarching planning policies on the delivery of sustainable development through the planning system. The most notable element of PPS1 in respect of this proposal is set out in Paragraph 27. This paragraph sets out ten sustainable development criteria planning authorities should take into account when preparing their development plans. These are as follows: September

29 (i) Promote national, regional, sub-regional and local economies by providing, in support of the Regional Economic Strategy, a positive planning framework for sustainable economic growth to support efficient, competitive and innovative business, commercial and industrial sectors. (ii) Promote urban and rural regeneration to improve the well being of communities, improve facilities, promote high quality and safe development and create new opportunities for the people living in those communities. Policies should promote mixed use developments for locations that allow the creation of linkages between different uses and can thereby create more vibrant places. (iii) Promote communities which are inclusive, healthy, safe and crime free, whilst respecting the diverse needs of communities and the special needs of particular sectors of the community. (iv) Bring forward sufficient land of a suitable quality in appropriate locations to meet the expected needs for housing, for industrial development, for the exploitation of raw materials such as minerals, for retail and commercial development, and for leisure and recreation taking into account issues such as accessibility and sustainable transport needs, the provision of essential infrastructure, including for sustainable waste management, and the need to avoid flood risk and other natural hazards. (v) Provide improved access for all to jobs, health, education, shops, leisure and community facilities, open space, sport and recreation, by ensuring that new development is located where everyone can access services or facilities on foot, bicycle or public transport rather than having to rely on access by car, while recognising that this may be more difficult in rural areas. (vi) Focus developments that attract a large number of people, especially retail, leisure and office development, in existing centres to promote their vitality and viability, social inclusion and more sustainable patterns of development. (vii) Reduce the need to travel and encourage accessible public transport provision to secure more sustainable patterns of transport development. Planning should actively manage patterns of urban growth to make the September

30 fullest use of public transport and focus development in existing centres and near to major public transport interchanges. (viii) Promote the more efficient use of land through higher density, mixed use development and the use of suitably located previously developed land and buildings. Planning should seek actively to bring vacant and underused previously developed land and buildings back into beneficial use to achieve the targets the Government has set for development on previously developed land. (ix) Enhance as well as protect biodiversity, natural habitats, the historic environment and landscape and townscape character. (x) Address, on the basis of sound science, the causes and impacts of climate change, the management of pollution and natural hazards, the safeguarding of natural resources, and the minimisation of impacts from the management and use of resources It is considered that the proposed facility would accord with the relevant sustainable development principles for the following reasons: The proposal would contribute to the wider waste management needs of Lincolnshire and therefore contribute towards the diverse needs of the community; The proposal would demonstrably promote sustainable waste management as part of an integrated waste management solution; The facility is proposed to be located on land at Whisby landfill site (which is within a waste management use). The facility would only be retained for the life of the existing landfill (i.e. it would not be retained following the completion and restoration of landfill operations). Furthermore, due to its proposed location the facility would reduce the pressure to build on virgin greenfield sites; The APCR facility would be located at Whisby landfill site which is circa six kilometres from the consented Lincolnshire EfW facility. It would therefore assist in reducing the need for APCR generated at the Lincolnshire EfW facility and other facilities to be transported long distances for treatment and/or disposal; September

31 As identified in the ES the proposal would not result in any adverse effects in respect of biodiversity, natural habitats, the historic environment or landscape/townscape character; The development poses no physical or environmental constraints on existing and neighbouring land uses. Conversely, it provides essential infrastructure. Planning Policy Statement 23 (PPS23): Planning and Pollution Control Delivering Sustainable Development Planning Policy Statement 23 (PPS23), published in November 2004, sets out the Government s approach to planning and pollution control through the planning system. The statement recognises under paragraph 10 that: The planning and pollution control systems are separate but complementary The planning system should focus on whether the development itself is an acceptable use of land, and the impacts of those uses, rather than the control of processes or emissions themselves. Planning authorities should work on the assumption that the relevant pollution control regime will be properly applied and enforced. It should act to complement but not seek to duplicate it As identified in the conclusion to PPS23 the: overall aim of planning and pollution control policy is to ensure the sustainable and beneficial use of land (and in particular encouraging reuse of previously developed land in preference to greenfield sites). Within this aim, polluting activities that are necessary for society and the economy should be sited and planned, and subject to such planning conditions, that their adverse effects are minimised and contained within acceptable limits It is considered that the proposed facility would accord with the PPS23 for the following reasons: An assessment of Development Plan policies has concluded that the proposed development would be acceptable in land use terms. As identified and assessed in the associated ES, the proposal would generate limited opportunities for potential environmental impacts which September

32 would be controlled by the relevant pollution control regime/environmental permit. The proposal would re-use disturbed land which would be tied to the lifetime of the landfill site. The Joint Municipal Waste Management Strategy for Lincolnshire The Joint Municipal Waste Management Strategy for Lincolnshire, adopted in June 2008, provides a structure to enable LCC, the seven District, Borough and City Councils (collectively known as the Lincolnshire Waste Partnership) alongside EA to work in partnership to effectively manage the municipal waste arisings in the County The strategy contains ten key objectives, the most pertinent of which are set out below: To increase progressively the recovery and diversion of biodegradable waste from landfill to exceed the Landfill Directive diversion targets (Objective 5). To ensure that residual waste treatment supports energy recovery and other practices higher up the waste hierarchy (Objective 6). To deliver best value for money waste management services, addressed on a countywide basis (Objective 7) The proposal clearly assists in meeting the aspirations of the partnership to deliver relevant objectives identified above. Emerging Lincolnshire Minerals and Waste Development Framework The emerging Lincolnshire Minerals and Waste Development Framework (MWDF) is anticipated replace the existing Minerals Local Plan and Waste Local Plan, once adopted. It is intended that the MWDF will contain the following elements: Minerals and Waste Core Strategy and Development Management Policies Development Plan Document (DPD); Separate Minerals and Waste Site Locations DPDs; and September