Nottinghamshire and Nottingham Draft Waste Local Plan January 2022

Ended on the 4 April 2022
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(3)7. Strategic Policies

Introduction

7.1. The strategic policies within this chapter are designed to deliver the vision and objectives of the joint draft Waste Local Plan and provide the overall framework for future waste development within Nottinghamshire. They are designed to ensure that waste facilities are in the appropriate locations across the plan area to manage future waste arisings and will help move waste up the waste hierarchy, whilst protecting local amenity and the built, natural and historic environment. The strategic policies should be read alongside the more detailed Development Management policies in Chapter 8.

7.2. National planning policy is clear that the purpose of the planning system is to contribute to the achievement of sustainable development through the three overarching objectives of securing overall economic, social and environmental gains. Planning policies and decisions should actively guide development towards sustainable solutions that reflect the local character, needs and opportunities of each area.

7.3. When considering development proposals, the Councils will take a positive approach that reflects the presumption in favour of sustainable development contained in the National Planning Policy Framework. The Councils will work proactively with applicants to jointly find solutions which mean that proposals can be approved wherever possible, and to secure development that improves the economic, social, and environmental conditions in the area.

7.4. Planning applications that accord with the policies in this Local Plan (and, where, relevant, with policies in other plans which form part of the development plan) will be approved unless material considerations indicate otherwise.

7.5. Where there are no relevant plan policies, or the policies which are most important for determining the application are out of date at the time of making the decision, the Council will grant planning permission unless: a) The application of policies in the NPPF that protect areas or assets of particular importance provides a clear reason for refusing the development proposed or b) Any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against policies in the NPPF taken as a whole.

7.6. The presumption in favour of sustainable development does not apply where proposals are likely to have a significant effect on a habitats site (either alone or in combination with other proposals), unless an appropriate assessment has concluded that the proposals will not adversely affect the integrity of the habitats site. It is a national planning objective that planning, including planning for waste development supports the transition to a low-carbon economy, taking into account flood risk, water supply and changes to biodiversity and the landscape. All new waste development proposals will be expected to be planned from the outset to avoid increased vulnerability to the range of impacts resulting from climate change and care will need to be taken to ensure any potential risks can be managed through suitable adaptation measures.

SP1 – Waste prevention and re-use

What you told us at the Issues and Option Stage:

  • The plan should address waste prevention and re-use and should consider the key targets set out in the 'Resource and Waste Strategy for England' document which highlights a significant increase in recycling targets and a further reduction in Landfill.

 

Issues and Options Sustainability Appraisal findings on the Vision and Objectives:

The Issues and Options SA did not explicitly cover waste prevention and re-use, as such there are no comments to make.

Introduction

7.7. It is important that waste is managed as sustainably as possible. The Vision and Strategic Objectives for this draft Plan reflect the key principles of both the waste hierarchy and the circular economy and seek to minimise the environmental and economic impact of waste management within the Plan area. Waste prevention and re-use are at the top of the waste hierarchy and should be considered when determining planning applications for all forms of development and not just those which relate to waste management facilities Policy SP1 below will therefore also apply to proposals for non-waste development and should be considered by the local planning authority (i.e. the relevant district or borough/district council within Nottinghamshire) responsible for determining the application.

 

(7)SP1 – Waste prevention and re-use

All new development should be designed, constructed, and operated to minimise the creation of waste, maximise the use of recycled materials, and assist with the collection, separation, sorting, recycling and recovery of waste arising from the development during its use.

Justification

7.8. The NPPW requires local planning authorities to ensure that waste arising from the construction and operation of all development is managed in ways which maximise opportunities for re-use and recovery and minimise the off-site disposal of waste. This can include measures such as using recycled materials in construction or re-using suitable construction waste on site for engineering or landscape purposes.

7.9. All new non-waste development should also make sufficient provision for waste management as part of the wider development. This includes promoting good design to integrate waste storage areas with the rest of the development and its surroundings. Adequate storage facilities should also be provided at residential premises, for example by ensuring that there is sufficient and discrete provision for bins, to facilitate a high quality, comprehensive and frequent household collection service. There may also be opportunities, particularly for larger scale developments, for the incorporation of small-scale waste processing facilities into the scheme, particularly where there is scope for the recovery and use of heat

7.10. National Planning Practice Guidance indicates that local planning authorities can make use of planning conditions to promote the sustainable design of any proposed development through the use of recycled products, recovery of on-site material and the provision of facilities for the storage and regular collection of waste and to promote the sound management of waste from any proposed development, such as encouraging on-site management of waste where this is appropriate, or including a planning condition to encourage or require the developer to set out how waste arising from the development is to be dealt with.

7.11. Non-waste development is normally the responsibility of the relevant LPA Some Local Plans already include policies which seek to address issues of sustainable design and construction in more detail including how waste arising from the site should be managed. Policy SP1should therefore be read alongside such policies where they exist.

This policy helps to meet the following objectives:

SO1 - Climate change, SO2 - Strengthen our economy

 

SP2- Future Waste Management Provision

What you told us at the Issues and Option Stage:

  • The plan needs to include scenarios that increase recycling and be flexible in its approach to waste.
  • General support was given for increasing recycling targets, some thought we should be even more ambitious, and consideration should be given to how new waste management facilities can support this
  • Recovering energy from (residual) waste can contribute to a balanced energy policy. The recovery activities should not undermine preventing or minimising waste.
  • Energy recovery is valuable part of the mix, but as a last resort option, not an easy option. Resource efficiency has to be the first priority with recycling and recovery. Where energy recovery is adopted, then it must be as part of an integrated scheme where all the generated energy can be recovered and used to offset in the first instance energy produced from fossil fuels
  • Some landfill capacity is required however, considering the relatively small proportion of waste to landfill this would be appropriate on a regional basis rather than necessarily within the Plan Area

Issues and Options Sustainability Appraisal findings on the Vision and Objectives:

The Issues and Options SA did not explicitly cover the future of waste management provision, as such there are no comments to make.

Introduction

7.12. Alongside helping to support wider waste management aims and objectives, the key role of the Waste Local Plan is to ensure that there is an efficient network of waste management facilities to treat or dispose of any waste that is produced safely and sustainably. This means ensuring that we have the right facilities, in the right places, at the right time to meet our future needs.

7.13. In line with national policy, the Waste Local Plan looks to drive waste management up the waste hierarchy (see page x) by providing for an appropriate range of facilities to help meet current and future recycling targets whilst also making adequate provision for waste disposal where necessary.

(9)SP2 - Future Waste Management Provision

The Waste Local Plan aims to provide sufficient waste management capacity to meet identified needs and will support proposals for waste management facilities which help to move waste management up the waste hierarchy. Proposals for waste management facilities will therefore be assessed as follows:

  1.  Priority will be given to the development of new or extended recycling, composting and anaerobic digestion facilities
  2.  New or extended energy recovery facilities will be permitted only where it can be shown that this will divert waste that would otherwise need to be disposed of and the heat and/or power generated can be used locally or fed into the national grid
  3.  New or extended disposal capacity will be permitted only where it can be shown that this is necessary to manage residual waste that cannot be recycled or recovered.

Justification

7.14. Chapter 5 of the Waste Local Plan identifies our anticipated future waste management needs across the Plan area to 2038. The Plan's approach is to ensure that Nottinghamshire and Nottingham are self-sufficient in managing their own waste as far as possible, but it is recognised that this may not always be practical. In some cases, it may be more sustainable or economical for waste to be managed in a different WPA area if this happens to be the nearest, most appropriate facility for that waste type. It is not viable to have facilities for every waste type in each WPA area as some wastes are very specialised or only produced in very small quantities and are more appropriately managed at regional or national level. The Waste Local Plan therefore takes a pragmatic approach which aims to provide sufficient capacity to manage the equivalent of our own waste arisings whilst allowing for appropriate cross-border movements of waste. Policy SP5 sets out this approach in more detail.

7.15. Where there is a need for additional waste management capacity, proposals for new or extended waste management facilities will need to demonstrate that this will not prejudice movement up the waste hierarchy. In land use terms, priority will therefore be given to facilities which will contribute to meeting current and future recycling targets. These can include recycling, composting and anaerobic digestion facilities[vi].

7.16. Where it is not possible to recycle the waste, the next most sustainable option is to recover value from the waste in the form of either energy or materials. Recovering energy from waste can also provide a local source of heat or power for other nearby development, helping to meet the Government's aims of decentralising energy supplies and offsetting the need for fossil fuels. However, the national waste management plan and national waste strategy make clear that the aim is to get the most energy out of waste, not to get the most waste into energy recovery. To be classed as a 'recovery' facility Energy from Waste (EfW) facilities must achieve an agreed level of energy efficiency[vii]. Other forms of material recovery can include anaerobic digestion, processing waste into materials to be used as fuel and some backfilling operations where the waste is used in place of other non-waste materials for reclamation, landscaping, or engineering purposes.

7.17. Although disposal is at the bottom of the waste hierarchy, it is recognised that there will still be a need to dispose of residual waste that cannot be recycled or recovered. Disposal involves either the landfilling of waste or incineration without energy recovery as this means no value is obtained from the waste.

SP3 – Broad Locations for New Waste Treatment Facilities

What you told us at the Issues and Options Stage:

  • Overall, most respondents supported the approach of having waste facilities close to the main urban areas providing that, other environmental factors, such as flood zones, groundwater special protection zones, protected habitats, historic assets and the green belt were robustly considered and assessed for any formal applications or allocation sites to determine whether site specific locations are appropriate
  • There was concern that focusing waste facilities in the urban area could leave a gap in provision of facilities in certain communities, with concern also raised that Newark was not a sustainable location for small or medium waste facilities
  • Respondents raised that adding road networks to the key diagram map would help to establish how waste facilities can serve several settlements
  • The industry raised that for water recycling centres locating facilities near urban areas and so residential areas was not appropriate with them also needing to be nearby to watercourse. They suggested either a separate policy or further text explaining their specific requirements would be needed
  • The industry also raised that flexibility would be required to recognise that how we manage waste in the future is likely to change throughout the plan period

 

Issues and Options Sustainability Appraisal findings:

  • It was found that locating large facilities in Nottingham, Mansfield and Ashfield with smaller/medium facilities also in Newark, Worksop, and Retford would be the most sustainable option.

Introduction

7.18. As set out in our vision, we want to promote a pattern of appropriately sized waste management facilities in the areas where they are most needed - i.e. close to where most waste is likely to be produced. This approach will help local authorities and the waste industry to develop a modern, safe, and efficient network of waste facilities to manage waste as sustainably as possible and reduce the need to transport waste over long distances.

7.19. The Waste Local Plan has therefore adopted a broadly hierarchical approach based on settlement size and geography to focus sites where they are most needed. This approach is supported by a more detailed set of site criteria to establish the types of locations that would be considered suitable for different types of waste management facilities (see Policy DM1).

7.20. The majority of our waste will be managed through dedicated waste treatment facilities such as recycling, composting, anaerobic digestion, energy recovery or waste transfer facilities, but the Plan must also ensure that any remaining residual waste, that is not suitable for further processing, can be disposed of safely. Facilities for the recovery to land or disposal of any remaining residual waste are considered separately in Policy SP4.

(8)SP3 – Broad Locations for New Waste Treatment Facilities

Large-scale waste treatment facilities will be supported in, or close to, the built-up areas of Nottingham and Mansfield/Ashfield.

Medium sized waste treatment facilities will be supported in, or close to, the built-up areas of Nottingham, Mansfield/Ashfield, Newark, Retford and Worksop.

The development of small-scale waste treatment facilities will be supported in these and other locations where these will help to meet local needs and fit in with the local character.

The development of treatment facilities within the open countryside and within the Green Belt will be supported only where such locations are justified by a clear local need, particularly where this would provide enhanced employment opportunities and/or would enable the re-use of existing buildings

Justification

7.21. Nottingham and its surrounding built up areas, including Hucknall, Arnold, Beeston, Carlton, Stapleford, West Bridgford and Clifton, form the major/main urban centre for population and employment in the Plan Area and could see significant growth in future. This area also shares significant employment and housing market links with the neighbouring cities of Derby and Leicester. The other main urban concentration is focused around Mansfield and the Ashfield towns of Sutton-in-Ashfield and Kirkby-in-Ashfield (Mansfield/Ashfield) which are all clustered closely together (See Plan xx). The development of new, or extended, waste facilities to serve these areas is therefore key to managing planned future employment and housing growth.

7.22. Functionally these main urban areas are closely linked, and the availability and concentration of suitable employment land and transport links make these the most appropriate locations for the development of major waste infrastructure. However, there may also be a need for other, small or medium sized, facilities within these areas.

7.23. Newark, Worksop and Retford are sizable towns and locally important centres for housing and employment. Newark and Worksop in particular, face significant growth over the next 20 years as outlined within the relevant Local Plans, with a new garden village also proposed between Worksop and Retford by Bassetlaw District Council. These areas will therefore need further waste management provision both to cope with future growth and support the move towards more sustainable methods of waste management. Whilst unlikely to need larger facilities, these locations are likely to require a number of small - medium sized waste management facilities.

7.24. Elsewhere there may be a need for small-scale facilities to meet local community needs, but these should be designed and located to fit in with the character of the surrounding area. These small-scale, local facilities are most likely to be for waste recycling, composting or transfer but small-scale anaerobic digestion may also be suitable where this can provide a local source of energy. There may also be wider benefits in terms of providing a more diverse range of local employment opportunities. Such facilities will be supported where these would meet a clear local need and can be accommodated without introducing industrial style development or intensive uses into village, neighbourhood, or countryside areas. In line with guidance in the National Planning Policy for Waste, the emphasis should be on the re-use of existing buildings and previously developed land wherever possible. This could include the re-use of appropriate agricultural, forestry or other buildings for example. Where waste development is proposed in the Green Belt, proposals will need to comply with Policy SP7: Green Belt.

7.25. It is recognised that some types of waste facility, such as wastewater treatment works, may have specific locational requirements . These may require an open countryside or greenbelt location outside of the spatial strategy set out in Policy SP3. .

This policy helps to meet the following objectives:

SO5 – Meet our future needs, SO7 – Sustainable Transport

SP4 – Managing Residual Waste

What you told us at the Issues and Options Stage:

  • The majority of respondents felt that there would be a need for some landfill disposal capacity in future, but this should not prevent further recycling or recovery efforts.
  • Waste should be disposed of as close to where it is generated as possible to reduce transport distances and costs.
  • Disposal sites should be carefully designed and monitored.
  • Some respondents felt there should be greater emphasis on waste reduction measures to avoid the need for disposal.
  • Considering the relatively small proportion of waste sent to landfill, this would be appropriate on a regional basis, rather than necessarily within the Plan area.

 

Issues and Options Sustainability Appraisal findings:

  • It was found that making additional provision for waste disposal could have significant environmental impacts, dependent on the specific location of sites. There may be minor positive effects from ensuring there is adequate provision for all waste needs and reducing the need to transport residual waste out of the Plan area for disposal.

Introduction

7.26. As well as making provision for a range of suitable waste treatment facilities to recover as much of our resources as possible, the Pan must also ensure that any remaining waste, known as residual waste, can be managed safely. This includes the use of suitable inert materials as bulk fill for engineering, landscaping or restoration purposes and the final disposal of non-hazardous or hazardous waste which is not suitable for further treatment.

(9)SP4 Residual Waste Management

a) Proposals for the recovery of inert waste to land will be permitted where it can be demonstrated that:

  1. This will provide a significant benefit or improvement which cannot practicably or reasonably be met in any other way.
  2. The waste cannot practicably and reasonably be re-used, recycled or processed in any other way.
  3. The use of inert waste material replaces the need for non-waste materials
  4. The development involves the minimum quantity of waste necessary to achieve the desired benefit or improvement
  5. This will not prejudice the restoration of permitted mineral workings and landfill sites.

b) Proposals for the disposal of non-hazardous or hazardous waste will not be permitted unless it can be demonstrated that:

  1. There is an overriding need for additional disposal capacity which cannot be met at existing permitted sites.
  2. The waste cannot practicably and reasonably be re-used, recycled or processed in any other way.

c) In all cases, the resulting final landform, landscaping and after-uses must be designed to take account of and, where appropriate, enhance the surrounding landscape, topography and natural environment.

7.27. National policy recognises that there is still a need to make adequate provision for waste disposal once all other treatment options have been exhausted (Paragraph 3, National Planning Policy for Waste). This should only be where the need for disposal is unavoidable, for example where there is a lack of treatment (i.e. recycling or other recovery) capacity available for that specific waste type, or during periods of planned maintenance or mechanical breakdown at existing treatment facilities.

7.28. Previously waste disposal has been used as a means of backfilling and restoring old mineral workings, but the majority of former quarries and colliery sites have now been restored. New quarries may require inert waste materials for restoration in future, but there are now very few, if any, quarries that would be suitable for non-hazardous waste disposal. This is mainly due to geology as the permeable sandstone aquifer which underlies much of the plan area prevents the disposal of hazardous or non-hazardous waste.

Inert Waste

7.29. Inert material can be put to beneficial use to restore former mineral sites or as a capping material for landfill or landraise schemes. This type of activity can be categorised as waste recovery, rather than disposal, where the material is used to replace non-waste materials which would otherwise have been used fulfil the same function. Given the need to ensure the appropriate restoration of mineral workings, landfill, and landraise sites, priority will be given to this type of operation ahead of any other recovery operation.

7.30. Other types of recovery operation involving inert waste can include:

  • Constructing haul roads/hard standing.
  • Agricultural land improvements or other engineering operations.
  • Landscaping and noise attenuation bunds to screen development.

7.31. Given that inert waste readily lends itself to being put to a beneficial use, the disposal of inert waste to land is considered unacceptable.

7.32. The WPAs will therefore need to consider whether proposed development involving the deposit of waste to land is a genuine 'recovery' activity. This will include an assessment of whether there is a genuine need for the development and the extent to which it will provide environmental or other benefits. Permission will not be granted proposals where the intention is to provide an outlet for waste 'disposal' for its own sake.

7.33. The recovery of inert waste to land will only be supported if the development provides a significant benefit that would outweigh any significant adverse impacts. In the case of land remediation, the development must demonstrate a significant improvement to damaged or degraded land and/or provide a greater environmental or agricultural value than the previous land use.

7.34. Proposals must demonstrate that the quantity of waste to be used is the minimum amount required to achieve the desired outcome. Where this relates to the restoration of minerals workings or landfill sites, this will include consideration of the final landform, slope stability and drainage profile, allowing for the expected rate of settlement of the deposited material.

7.35. Where an application, or part of an application, which includes a recovery to land operation is to be determined by a district or borough council, then Policy SP4 will apply as part of the decision-making framework.

Non-hazardous and hazardous waste

7.36. The Plan aims to divert as much waste away from landfill as possible by providing other types of facilities for the management of waste and there has been a significant reduction in the amount of waste requiring disposal over the last 20 years. This is expected to continue in future, as a result of further waste minimisation efforts including restrictions on the landfill of biodegradable waste and the wider use of Extended Producer Responsibility (EPR) schemes. As such, it is expected that landfill will only be used once all other treatment options have been exhausted.

7.37. The environmental problems associated with finding suitable landfill sites, and the reducing need for disposal, mean that the availability of landfill for both hazardous and non-hazardous waste has been steadily reducing as existing sites are used up. There is one remaining non-hazardous landfill site within the Plan area at Daneshill, north of Retford, which has planning permission until 2042 but it is uncertain how long this will remain operational. There are also a number of closed sites that are being restored.

7.38. Sites for landfill disposal are therefore becoming more specialised as operators focus on existing facilities. As a result, waste is increasingly travelling over administrative boundaries to reach these facilities and make the best use of remaining capacity. Although the plan seeks to minimise the overall distance that waste is transported, the lack of suitable disposal sites within the Plan area may mean that residual hazardous and non-hazardous waste will be managed at the nearest available site but not necessarily within the Plan area.

7.39. As set out in Policy SP2 the Plan's approach is to provide sufficient waste management capacity to manage the equivalent of our own needs, whilst recognising that it may not be possible to provide for every type of facility within the Plan area. The Councils will therefore maintain a close dialogue with other East Midlands and surrounding WPAs to ensure that waste can continue to be managed as sustainably as possible.

7.40. Although the scope to provide hazardous or non-hazardous disposal capacity within the Plan area is thought to be extremely limited, due to the underlying geology of the area, it is important that the Plan includes relevant policies to deal with such proposals should these come forward. Part (b) of Policy SP4 above will therefore apply to any proposals for new landfill sites for hazardous or non-hazardous waste including the extension of, or alterations to, existing, unrestored sites. As there is sufficient waste treatment capacity within the plan area to meet expected future needs, disposal is expected to be a last resort in accordance with the waste hierarchy.

This policy helps to meet the following objectives:

SO5 – Meeting our Future Needs

SP5 – Climate Change

What you told us at the Issues and Options Stage:

  • There is no mention of Greenhouse gases and the predicted impacts of climate change are not included in the plan.
  • The WLP needs to be sufficiently flexible to be able to support and deliver, innovative waste management solutions and infrastructure which will help achieve sustainable waste management and climate change commitments.

Issues and Options Sustainability Appraisal findings on the Vision and Objectives:

The Issues and Options SA did not explicitly cover the climate change, as such there are no comments to make.

Introduction

7.41. The Government is committed to tackling the causes of climate change and reducing carbon emissions, striving for total emissions generated within the UK being equal to, or less than, the amount of emissions being removed or offset by 2050, also known as the 'net zero' target. Both Nottinghamshire County Council and Nottingham City Council are committed to achieving carbon neutrality in their activities and planning can play a key role in securing reductions in greenhouse gas emissions, minimising vulnerability and providing resilience to the impacts of climate change, whilst supporting the transition to a low carbon future. This is central to the economic, social and environmental dimensions of sustainable development.

7.42. All new development should therefore seek to reduce greenhouse gas emissions and avoid increased vulnerability to the impacts of climate change, including flooding, where practicable. Reducing the environmental impacts of transporting, treating and disposing of waste is a key priority in line with Strategic Objective 2.

7.43. The key impacts of climate change on waste across Nottinghamshire and Nottingham are likely to be the increased risk of flooding and storm damage. This could damage essential waste management infrastructure and is a significant pollution risk if a landfill or sewage works were to be overrun by flood water, highlighting the need to avoid inappropriate development in the floodplain. The impact of longer, hotter and drier spells could also cause odour, dust and noise problems during the storage and transportation of biodegradable wastes but these can be tackled through the use of sealed waste containers and enclosing operations within a building or limiting the length of time waste can be stored before treatment or disposal for example. The detailed impacts will be controlled through the detailed development management policies of the Plan set out in Chapter 8.

7.44. The key concern of the draft Waste Local Plan is to support the transition to a low carbon future in a changing climate, taking full account of flood risk whilst reducing greenhouse gases, minimising vulnerability, improving resilience, encouraging the reuse of existing resources and supporting renewable and low carbon energy.

 

(12)SP5 – Climate Change

All new or extended waste management facilities should be located, designed and operated so as to minimise any potential impacts on climate change. They should make efficient use of natural resources, limit climate impacts by avoiding damage to air quality, water or soil and reduce the need to transport waste, whilst supporting renewable and low carbon energy and associated infrastructure, through innovative design.

Proposals for all new or extended waste management facilities should be designed to ensure that they are resilient to the future impacts of climate change.

Justification

7.45. Nottinghamshire County Council and Nottingham City Council are committed to taking a sustainable approach to planning development that responds to the challenges of climate change and takes wider environmental considerations into account when making decisions about the location, nature and size of new waste development. County Council declared a Climate Emergency in 2021 and have made a commitment to achieving carbon neutrality in all its activities by 2030. Nottingham City Council are also committed to achieving carbon neutrality by 2028, as set out in their Carbon Neutral Charter.

7.46. The nature and scale of new waste development will influence the extent to which climate change resilience measures will be most effective and appropriate. Waste development can provide a number of opportunities to mitigate and adapt to the impacts of future climate change.

7.47. This could include:

  • Enclosing waste facilities which would help to reduce noise, dust and odour and would also act as a temperature control measure.
  • Minimise water consumption (e.g. use of recycled water for waste management processes, harvesting of rainwater).
  • Designing facilities to include measures to deliver landscape enhancement and biodiversity gain. Such measures should contribute to the wider network of green infrastructure across the county (e.g. green roofs)
  • Utilising associated lower-carbon energy generation such as heat recovery and the recovery of energy from gas produced from the waste so activity is maximised.
  • Minimise greenhouse gas emissions, including through energy efficiency, design and orientation of buildings
  • Introducing the use of sustainable modes of transport, low emission vehicles, travel plans, which will contribute to lowering our carbon footprint
  • Utilising Sustainable Drainage Systems (SuDS), water efficiency and adaptive responses to the impacts of excess heat and drought.

 

This policy helps to meet the following objectives:

SO1 – Climate Change

SP6 – Minimising the movement of Waste

What you told us at the Issues and Options Stage:

  • If the expected CDE waste stream within the Plan area is expected to remain stable, or moderately increase, over the timeframe of the plan, then transporting large volumes of waste outside the area could potentially be subjected to future impacts from any transport limitations on movement of waste.

 

Issues and Options Sustainability Appraisal findings on the Vision and Objectives:

The Issues and Options SA did not explicitly cover waste minimisation, as such there are no comments to make.

Introduction

7.48. The principle of proximity for treatment of waste is a feature of the 2011 Waste Regulations as it seeks to avoid undue movements of waste. The proximity principle does not however require use of the closest facility to the exclusion of all other considerations. In some cases, it may make economic and environmental sense for waste to be managed at a facility in a neighbouring county, if this is closer or means that waste will be managed further up the waste hierarchy. It is not always viable to have facilities for every waste type in one area and some wastes, such as hazardous waste, are very specialised or are only produced in relatively small quantities. Our strategy is therefore to seek to minimise waste movements, encourage alternative movement to road-based transport where appropriate, and deal pragmatically with proposals which treat waste generated from outside Nottinghamshire.

(7)SP6 - Minimising the movement of Waste

All waste management proposals should seek to minimise the distances waste needs to travel and maximise the use of rail, water, pipeline or conveyor.

All proposals should also seek to make the best use of the existing transport network ensuring that proposed facilities use the main highway network where appropriate.

Waste management proposals which are likely to treat or dispose of waste from areas outside Nottinghamshire and Nottingham will be permitted where they demonstrate that:

  1.  the facility makes a significant contribution to the movement of waste up the waste hierarchy, or
  2.  there are no facilities or potential sites in more sustainable locations in relation to the anticipated source of the identified waste stream, or
  3.  there are wider social, economic or environmental sustainability benefits that clearly support the proposal.

Justification

7.49. Minimising the distance waste must travel for appropriate treatment or disposal is a key objective of the Waste Local Plan and is one of the main reasons for focusing most new development in, or close to, our larger urban areas as outlined in Policy SP3. Most of our waste is currently transported by road but encouraging alternative forms of transport, such as water or rail, can help to reduce the environmental impact of waste management in terms of carbon emissions and road congestion as well as the impact on residential amenity in locations close to waste treatment facilities.

7.50. The River Trent, a major waterway running north-east through Nottinghamshire has the potential to provide freight movement by water and new rail freight terminals could, over the lifetime of the Local Plan, provide further opportunities for more sustainable forms of transporting waste over long distances. Over very short distances, usually within site boundaries, transport by pipeline or conveyor may also be an option.

7.51. Making use of alternative, more sustainable, forms of transport are likely to depend upon the size and type of site as well as the type of waste involved. Opportunities to move waste by rail or water are therefore most likely to arise in relation to larger development, but all waste management proposals should nevertheless look at ways of transporting waste more sustainably where possible. Large and medium scale facilities should be sited as close to source as practically possible.

7.52. It is likely that during the life of the Waste Local Plan that proposals will be made which take waste from a wider catchment area. We will therefore maintain a flexible approach and work with neighbouring authorities and applicants to understand the overall level and type of waste management provision. We will also seek to ensure that the waste hierarchy is supported, the most sustainable outcome is sought, and that wider social, economic or environmental sustainability benefits are delivered through those facilities being located he in Nottinghamshire.

This policy helps to meet the following objectives:

SO1 – Climate Change, SO7- Sustainable Transport

SP7 – Green Belt

What you told us at the Issues and Options Stage:

  • The NPPF guidance on 'very special circumstances' should be considered when assessing planning applications.
  • If waste sites are developed, the impact they have on the Green Belt should be considered.

Issues and Options Sustainability Appraisal findings on the Vision and Objectives:

The Issues and Options SA did not explicitly cover sustainable transport, as such there are no comments to make.

Introduction

7.53. There is one Green Belt within the plan area which forms an area of more than 43,000 ha and covers land around Nottingham City and the urban parts of Gedling, Broxtowe and Rushcliffe Boroughs. The Green Belt was principally designated to prevent coalescence of Nottingham and Derby. Green Belt is a policy which is allocated and reviewed as part of Local Plans made by the respective City, District and Borough Councils in whose area it applies.

(7)SP7 - Green Belt

Proposals for waste management facilities and associated development made on land designated as Green Belt will only be approved where this maintains the openness of the Green Belt and the purposes of including land within it.

Proposals for waste management facilities considered to be inappropriate development in the Green Belt will only be approved where very special circumstances can be demonstrated.

Very special circumstances will not exist unless the potential harm to the Green Belt by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations.

Justification

7.54. The purposes of the Green Belt are:

  • To check the unrestricted sprawl of large built up areas;
  • To prevent neighbouring towns merging into one another;
  • To assist in safeguarding the countryside from encroachment;
  • To preserve the setting and special character of historic towns; and
  • To assist in urban regeneration, by encouraging the recycling of derelict and other urban land

7.55. Waste management proposals will need to demonstrate that the openness of the Green Belt is preserved, and the proposed development does not conflict with the purposes of including land within it.

7.56. As the Nottingham- Derby Green Belt wraps around the main urban area of Nottingham, there are several permitted waste management facilities that fall within the Green Belt.

7.57. Waste management facilities would generally be regarded as inappropriate development within the Green Belt and as such the Councils will look to ensure there are sufficient opportunities for waste management facilities outside the Green Belt. The NPPF states that inappropriate development should not be approved except in very special circumstances. Very special circumstances will not exist unless the potential harm to the Green Belt by reason of inappropriateness, and any other harm resulting from the proposal, is clearly outweighed by other considerations.

7.58. Given the level of provision of facilities for waste management facilities to meet future needs, as outlined in section 5 of this Plan, and the opportunity for waste management facilities to develop on land outside the Green Belt, it is unlikely that very special circumstances will arise during the Plan period.

7.59. Whilst new buildings are considered inappropriate in the Green Belt, some forms of development could be considered not to be inappropriate if they preserve the openness of the Green Belt and do not conflict with the purposes of including land within it, including:

  • The extension or alteration of a building, provided that it does not result in disproportionate additions over and above the size of the original building;
  • The replacement of a building, provided the new building is in the same use and not materially larger than the one it replaces;
  • Limited infilling or the partial or complete redevelopment of previously developed land, whether redundant or in continuing use (excluding temporary buildings), which would:
    • not have a greater impact on the openness of the Green Belt than the existing development; or
    • not cause substantial harm to the openness of the Green Belt, where the development would re-use previously developed land and contribute to meeting an identified affordable housing need within the area of the local planning authority.

7.60. Such exceptions could therefore apply to existing waste management facilities which fall within the Nottinghamshire- Derbyshire Green belt. In terms of waste management facilities, some disposal or disposal for recovery schemes may be considered engineering operations which would be considered not be inappropriate development.

This policy helps to meet the following objectives:

SO3 – The Environment

 

SP8 – Safeguarding Waste management sites

What you told us at the Issues and Options Stage:

  • Facilities should be safeguarded from encroachment by other development, most particularly, housing. Waste sites are strategic assets and should be protected and offered sufficient flexibility in their operation such that they can continue to provide a vital service.

 

Issues and Options Sustainability Appraisal findings on the Vision and Objectives:

The Issues and Options SA did not explicitly cover the Green Belt, as such there are no comments to make.

Introduction

7.61. Waste management sites are an essential part of our infrastructure and it is important that both appropriate existing facilities and suitable future sites are protected from other uses, such as housing, that might restrict existing operations or their ability to expand in future as they are sensitive to their operations. This could lead to the unnecessary loss of existing infrastructure and capacity to manage waste within the plan area.

7.62. Policy SP7 below therefore protects both existing and permitted waste management sites and the possibility of their future expansion, as well as facilities that could transport waste, such as rail and water facilities. There is no intention that this policy should be used to safeguard unauthorised or inappropriate facilities.

(9)SP8 – Safeguarding Waste Management Sites

Nottinghamshire and Nottingham City will seek to avoid the loss of existing authorised waste management facilities, including potential extensions; sites which have an unimplemented planning permission; and facilities to transport waste, such as rail or water, having regard to the long term need for the facility and the wider benefits of any redevelopment proposal.

Development proposals for non-waste uses near existing or permitted waste management facilities will need to provide suitable mitigation to address significant adverse impacts and demonstrate that the waste management uses can operate without unreasonable restrictions being placed upon them.

Where proposals are within the Cordon Sanitaire of a wastewater treatment facility, the applicant will need to discuss the proposal with the water company which operates the site.

Justification

7.63. Non-waste development can be sensitive to the operations of waste facilities if they are within close proximity to each other. However, permitted and existing waste facilities should not have unreasonable restrictions placed upon them because of new development being permitted after they have been established. As per the NPPF and NPPW, it is for the applicant of the new development as the 'agent of change' to demonstrate that their proposed development will not affect the operations of waste facilities and provide suitable mitigation to address any identified significant adverse impacts which the proposed development may have on the existing waste operation. District and Borough Councils within Nottinghamshire and Nottingham are encouraged to consult Nottinghamshire County Council on applications that are near existing or permitted waste management facilities.

7.64. Where proposed non-waste development would have an unacceptable impact on a waste management facility, the Councils will oppose the proposal. Permission should not be granted unless there is an overriding local or national need for the development and the developer funds the relocation of the safeguarded facility. It is not the intention of Policy SP7 to unreasonably restrict non-waste development and, in most cases, by taking a more flexible approach it may be possible to accommodate non-waste development by making changes to the proposed layout of any housing or mixed-use scheme. Mitigations therefore could include using parking or landscaping areas to provide a buffer zone from any existing or potential waste facility.

7.65. What mitigations are suitable will depend on the non-waste development proposed as well as the type of waste facility and the nature of its operations. The specific nature and potential impacts of wastewater treatment facilities, for example, can be quite different to other waste treatment facilities. Water companies often establish a 'cordon sanitaire' policy which seek to seeks to influence the type of development which might take place within a certain distance of a sewage works. The 'cordon sanitaire' is a site-specific limit ranging from 25 to 400 metres, which varies according to the type of processes carried out, the size of works, industrial effluents involved, land use around the site, any anticipated extensions and site topography. Where other, non-waste development proposals fall within the 'cordon sanitaire,' the applicant should seek to discuss any proposals with the water company who operate the facility.

7.66. The Waste Local Plan Annual Monitoring Report contains a list of sites that have current planning permissions which should be referred to when applicants are putting non-waste development sites forward.

7.67. It should be noted that waste facilities will be subject to monitoring and conditions to limit adverse impacts, with all waste applications for new facilities required to satisfy the Development Management Policies within Chapter 8 of this Plan.

This policy helps to meet the following objectives:

SO5: Meet our future needs

 


[vi] Anaerobic digestion is classed as 'other recovery' within the waste hierarchy, but elements of the process can contribute towards UK recycling targets under current guidance.

[vii] Annex II of the Waste Framework Directive sets out an energy efficiency formula (R1) to be applied to incineration facilities

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