Lothian and Borders Area Waste Plan

Local Authorities represented on the Waste Strategy Area Group are also planning authorities for the area. The Planning system has the responsibility of planning positively for the necessary waste management infrastructure required to implement the BPEO. Furthermore, planning authorities also have a responsibility to ensure that planning applications that are not in accordance with the Area Waste Plan BPEO decision are fully assessed to ensure they do not compromise the objectives of the Plan.

Area Waste Plans are a material consideration for the planning system. As far as is practicable, the plan provides a clear framework for the development of waste management facilities to landfill diversion targets. The indicative infrastructure requirements should be incorporated into development plan policy as soon as is practicable.

Some Planning Authorities have prepared non-statutory guidance to promote sustainable development to ensure that new developments minimise the generation of waste through reduction, reuse and recycling wherever practicable, and that necessary infrastructure (e.g. bring recycling sites) are built into the design process for large-scale housing and commercial developments.

The Development Plan
The purpose of the AWP is to provide a strategic overview of waste management planning in each waste area. Structure plans and Local Plans should reflect the requirements of the AWP.

The current structure plan for the Lothians is the Lothian Structure Plan, approved in 1997. A draft replacement structure plan: the Edinburgh and Lothians Structure Plan, was issued for consultation purposes in December 2001. A finalised plan is due for publication early 2003. The Scottish Borders Structure Plan 2001–2011, "The Scottish Borders – The New Way Forward", has been approved with modifications by Scottish Ministers and became operative on 16 September 2002.

Action 38
Planning Authorities will, on review, include identified areas of search for waste management facilities within local plans.

National Planning Policy Guidance 10 (NPPG 10) – Planning and Waste Management
This document clearly sets out the role and responsibility of planning authorities in developing policy and identifying sites for waste management facilities. “Planning Authorities have a duty to provide policies for suitable waste disposal sites or installations in order to supply the land necessary for waste treatment and disposal to take place.” (NPPG 10, pg 6, para 2)

PAN 63 – Good Practice in Waste Management Planning
To enable dissemination of best practice advice and to encourage a more proactive approach to waste management policy in development plans, the Scottish Executive published Planning Advice Note 63 (PAN 63) on good practice in waste management planning. The PAN 63 Waste Management Planning, published 19 February 2002, was jointly developed by the Executive, SEPA and representatives from Local Authorities, the waste industry, planners and environmental groups. PAN 63 builds on the guidance already contained in National Planning Policy Guidance (NPPG 10), Planning and Waste Management, published in March 1996.

Given the scale of the task in meeting the landfill diversion targets, significant new waste management infrastructure will be required in the coming years (see Table 13 section 3.4.1). Together NPPG 10, PAN 63 – Waste Management Planning, and the Area Waste Plan will provide a consistent framework for consideration of development proposals. SEPA is a statutory consultee in respect of Development Plans and development control applications involving waste facilities and will use the powers available to it to make representations and, where appropriate, object where it is considered that proposals or policies are not in accordance with the Area Waste Plan.

The Lothian and Borders Planning Working Group will continue to meet to provide a forum in which local wasteplanning issues and major waste management development proposals that raise inter-local authority boundary issues can be discussed. Where necessary, membership of the working group will be extended to include other stakeholders in the planning process, for example Scottish Natural Heritage, to facilitate an open discussion on key development proposals and foster a partnership approach to proper consideration and determination of applications.

Action 39
The Planning working group will monitor and review the effectiveness of development plan policies and other related non-statutory guidance on waste management. The group will develop practical local guidance on PAN 63.

Action 40
The Planning working group will meet regularly to discuss common planning issues and have open pre-consultation discussion on any major waste management facilities.

SEPA has agreed subject to available resources, that it will provide expert technical assistance to Planning Authorities in defining the technologies that accord with the MSW BPEO decision (and future BPEO decisions). This could include commenting on the degree to which planning applications accord with the AWP, reviewing Life-Cycle Assessment models where necessary and offering to appear as expert witnesses at public inquiries as required. Further assistance in the interpretation of the Landfill Directive and calculation of remaining landfill capacities and other treatment technologies, including the provision of waste data, will also be provided where required. SEPA will also provide technical assistance in identifying and assessing the suitability of sites or areas of search for landfill.

5.2.3 Lothian and Borders Planning Guidance and other Material Considerations for Waste Management Development Proposals

As the Lothian and Borders Area Waste Plan will be a material consideration for waste management applications, it aims to provide a useful source of information for the waste management industry when developing new facilities and the Local Planning Authority when considering waste management applications. The contents of the Lothian and Borders Area Waste Plan should both influence and guide Structure and Local Plan policy development and inform development control decisions.

The following guidance is generic to the Lothian and Borders and development proposals may be subject to additional local assessment criteria.

Existing Planning Guidance and Criteria
Future waste management developments need to take into account the following material considerations:

Proposals for waste management facilities including disposal at new sites or extensions to existing waste treatment sites may be acceptable if the following criteria are met:

i. The proposed facility is required to contribute to an integrated network of waste management facilities.

ii. A disposal site should seek to accommodate facilities to pre-treat waste in accordance with the Landfill Directive requirements: through physical, thermal, chemical or biological process, including sorting which changes the characteristics of the waste in order to reduce its volume or hazardous nature, facilitate its handling and/or enhance recovery.

iii. If the existing waste management capacity provides less than a 10-year supply (taking account of anticipated and projected changes to waste contracts and current disposal rates arising from waste minimisation, waste recycling and reuse).

iv. The proposal represents an acceptable BPEO over and above existing waste disposal or processing facilities in the Waste Strategy Area.

v. The proposal accords with relevant guidance in the Area Waste Plan and supporting documents; namely NPPG 10 Planning and Waste Management 1996; Planning Advice Note 63 (2002), SEPA National Waste Strategy Scotland, 1999. SEPA Supporting Guidance for Area Waste Plans, 2000; and SEPA Best Practicable Environmental Option, Decision Making Guidance, 2000.

vi. Where there are no suitable sites for landfilling, then proposals involving landraise will be assessed on their own merits. Landraise is best suited to derelict or otherwise degraded sites where it can be a means to rehabilitation and the creation of a new landscape.

vii. Where appropriate, preference should be given to sites located at a former quarry or area of derelict or degraded land capable of accommodating the required waste treatment and disposal facility. Mineral sites which already have agreed restoration and aftercare (e.g. for habitat enhancement) are not preferred for waste, only those sites which have been left derelict and may be suitable for waste storage (ref NPPG 4 and PAN63).

viii. The proposal is strategically located within the waste-collection network and close to the principle source of waste arisings.

ix. A location should have the potential to be directly accessed by rail or served by a canal or sea based facility in line with the principles of sustainable transport.

x. Any location must have acceptable access arrangements and close to the major road to minimise vehicle movements on minor roads.

xi. The proposal does not generate a significant adverse impact on an internationally, nationally or regional or locally significant designated areas.

xii. The proposal does not cause material or demonstrable harm to the environment, taking account of mitigation measures controlled by conditions or agreements.

xiii. Landscape setting of settlements is protected and avoidance of sites that are important for countryside access and recreation.

xiv. The proposal does not generate adverse impact on ground water resources and surface waters.

Action 41
Organise event for local planners and waste industry to raise awareness of planners on future waste management technology options.