Nottinghamshire and Nottingham Draft Waste Local Plan January 2022

SP1 – Waste Prevention and re-use

To reduce the amount of waste produced and encourage all developments to help move waste up the waste hierarchy

(SO1 – Climate Change, SO2 – Strengthen our economy)

Tonnage of Waste arisings across all waste streams

Published waste arising data from DEFRA, the Environment Agency (EA) and other surveys, where available

Relevant planning decisions – waste reduction measures included as part of application conditions

Lack of available waste arisings data for specific waste streams

Cost of awareness raising initiatives

n/a

Significant changes in arisings

Assess implications for targets and revise if required

SP2- Future Waste Management Provision

The policy aims to provide sufficient waste management capacity to meet identified needs, support proposals for waste management facilities which help to move waste management up the waste hierarchy

(SO1 – Climate Change, SO3 – The environment, SO4 – Community, Health and Wellbeing, SO5 – Meet our future need SO7 – Sustainable Transport)

Total permitted waste management capacity is equal to estimated waste arisings

Municipal waste arisings Commercial and Industrial waste arisings (where available)

Construction and demolition waste arisings (where available)

Annual waste management and arisings data (where available)

Amount of new waste management capacity permitted annually

DEFRA municipal waste management figures (audited figures published annually)

National/ regional commercial and industrial waste recycling figures (where available)

Requires suitable proposals to come forward (largely industry driven)

Lack of data – degree of current self-sufficiency is unknown

Cost of changes to municipal waste management collection and infrastructure provision.

Lack of private sector investment

Market fluctuations in value of recycled materials

Net self-sufficiency achieved

Recycle/compost municipal, commercial and industrial and construction and demolition waste

N/A (Aspirational policy)

Recycling rates more than 10% below target (where data available)

N/A (Aspirational policy)

If recycling levels fall below aspirations, revision ma

SP3 – Broad Locations for New Waste Treatment Facilities

Development of new waste management facilities in line with national criteria

(SO3 – The environment, SO4 – Community, Health and Wellbeing, SO5 – Meet our future need, SO7 – Sustainable Transport)

New or extended facilities permitted within broad locations as set out in Policy SP3

Planning permissions for new and extended waste management facilities

n/a

100% meeting broad location criteria as set out in Policy SP3

Significant number of new facilities not meeting broad criteria as set out in Policy SP3

Review policy to ensure need to being met adequately

SP4 – Managing Residual Waste

Provision for the management of residual waste following treatment

(SO5 - Meeting our future needs)

New or extended facilities permitted in accordance with Policy SP4

Planning permissions for new and extended waste management facilities

Environment Agency Waste Data interrogator

Lack of suitable sites

100% applications determined in accordance with Policy SP4

Significant number of new facilities not meeting broad criteria as set out in Policy SP4

Review policy to ensure need to being met adequately

SP5 – Climate Change

New proposals minimise the impacts on, and are resilient to climate change

(SO1 – Climate Change)

Proposals judged to have an unacceptable impact on climate change will be refused

Planning permissions/refusals for new or extended facilities.

New or extended facilities incorporating resilience to climate change

No targets

Local climate change impacts are difficult to measure/lack of available data

Number of planning applications approved that include appropriate location/resilience to climate change

Significant number of planning application approvals which identify harmful impacts on climate change

Review policy to ensure impacts on climate change are considered in more depth

SP6 – Minimising the movement of waste

To encourage waste facilities to use alternative, more sustainable methods of transport and treat waste as close to the source as possible

(SO1 – Climate Change, SO7 – Sustainable Transport)

Number of planning permissions using alternative methods of transport to road

Tonnage of waste exported out of the Plan area

Number of planning permission granted contrary to advice from: - Highways England - Highways Authority

Planning permissions decision notices and delegated or committee reports

Lack of availability of infrastructure to transport waste (railheads and wharves)

Where waste will be treated depends upon external markets

Lack of data in notices/ reports on sustainable transport

All applications granted include an element of non-road transport. Road transport distances/ use is minimised All applications granted fully mitigate any transport impacts

Significant number of applications granted contrary to advice from those set out in performance indicator (more than 10%)

Review applications to identify why sustainable transport methods were not utilised/ maximised

Review the policy

SP7 – Green Belt

To ensure new minerals development does not compromise the openness and purpose of land within the Green Belt

(SO1 – Climate Change, SO3 – The environment)

Number of planning applications granted within the Green Belt where the proposal does not maintain the openness and purpose of the Green Belt

Planning permissions delegated or committee reports

Planning approvals may be subject to variation prior to implementation

All applications granted in Green Belt should maintains the openness and purpose of the Green Belt

Any planning permissions granted in the Green Belt which do not maintain the openness and purpose of the Green Belt

Review policy to ensure greater priority given to maintenance of openness and purpose of Green Belt

SP8 – Safeguarding

To safeguard existing and permitted waste facilities from non-waste development to ensure sufficient capacity to handle waste arisings

(SO5 – Meet our future needs)

Number of applications permitted for non-waste development which could adversely impact the operation of waste facilities

No decrease in the number or availability of waste management facilities by type and overall capacity by type

Planning permissions for use other than waste management on existing waste management sites

The County Council is not consulted on applications which may pose a safeguarding risk

Safeguarding policies could be overlooked at local level

Maintain/increase the number of waste management facilities and assess the capacity of waste management facilities.

Significant decrease in hectares of waste management sites (more than 10%)

Review the policy to ensure need is being met appropriately

DM1- Site Criteria Based Policy

Achieving new and extended waste management facilities in line with the locational criteria, as set out in Policy DM1

(SO1-Climate Change, SO2 – Strengthen our economy, SO3 – The environment, SO4 – Community, Health and Wellbeing, SO5 – Meet our future need, SO6 – High quality design and operation, SO7 – Sustainable transport)

New or extended facilities located in accordance with criteria, as set out in Policy DM1

Planning permissions including data on size, type and location

n/a

100% meeting the criteria as set out in Policy DM1

Significant percentage of new and extended waste management facilities meeting the criteria set out in Policy DM1

Review the policy to ensure need is being met appropriately

DM2 – Health, Wellbeing and Amenity

Ensuring that waste facilities do not negatively impact of the health and wellbeing of the community

(SO1 – Climate Change, SO3 – The environment, SO4 – Community, Health and Wellbeing, SO6 – High quality design and operation, SO7 – Sustainable transport)

Number of planning applications granted contrary to advice from: - Environment Agency - Environmental Health Officer - Public Health England - Highways Authority

Number of substantiated complaints received regarding waste management facilities

Planning permissions decision notices and delegated or committee reports

Minerals Planning Authority Monitoring and Enforcement Team complaint

Reliant on professional opinions/ assessments of impacts and discussion of these in reports/notices

All planning permissions have no adverse impact on the elements set out in the policy

Number of planning permission granted which identify unacceptable impacts on the community, health and wellbeing (measured through grants contrary to advice from those set out in performance indicator) (>0)

Review policy to address criteria that were not met in permissions

DM3 – Design of Waste Management Facilities

All new and extended facilities are well designed and use sustainable construction techniques

(SO2 - Strengthen our economy, SO4

Community, Health and Wellbeing, SO6 - High quality Design)

All new and extended facilities incorporating best practice in design of facilities and ensuring they are future proofed, where appropriate

Planning permissions refused based on the lack of consideration to design

Design is subjective

100% of relevant planning permissions incorporate best practise

Significant number of planning permissions do not incorporate best practise and are unable to justify non-inclusion adequately

Review policy criteria

DM4 – Landscape Protection

To maintain, protect and enhance the character and distinctiveness of the landscape

Unacceptable impacts on quality of life

(SO3 – The environment, SO4 – Community, Health and Wellbeing)

Number of planning applications granted contrary to advice from: - Natural England

Planning permissions decision notices and delegated or committee reports and decision notices

Reliant on professional opinions/ assessments of impacts and discussion of these in reports/notices

Difficult to measure environmental quality and lack of available data

All planning permissions have no adverse impact as set out in the policy

Significant number of applications approved contrary to advice from those set out in performance indicator (more than 10%)

Review reasons for granting permission contrary to advice

Review policy

DM5 – Protecting and Enhancing Biodiversity

To protect biodiversity from adverse impacts from waste proposals and enhance biodiversity to achieve net gain

(SO3 – The environment, SO4 – Community, Health and Wellbeing)

Significant adverse change in biodiversity assets in the County

Number of planning applications granted contrary to Natural England advice

Area of habitat loss, gain and net-gain/loss (including Habitats of Principal Importance, LBAP habitats and designated sites)

Natural England, Local Biodiversity Action Plans

Planning permissions decision notices and delegated or committee reports

Difficult to measure and monitor environmental quality and lack of available data

No planning permissions result in adverse impact on biodiversity

All planning permissions bring about enhancements to biodiversity/

Significant number of applications approved contrary to advice from Natural England (more than 10%)

Decrease in biodiversity targets being met

Review policy to give greater priority to protection and enhancement to biodiversity

Review policy to ensure no further decline in biodiversity

DM6 – Historic Environment

To protect the historic environment from adverse impacts from waste proposals and enhance where possible

(SO3 – The environment, SO4 – Community, Health and Wellbeing)

Number of planning applications granted contrary to advice from: - Historic England Number of planning applications granted subject to a watching brief for archaeology

Planning permissions decision notices and delegated or committee reports

Reliant on professional opinions/ assessments of impacts and discussion of these in reports/notices

All planning permissions have no adverse impact as set out in the policy

Significant number of applications approved contrary to advice from those set out in performance indicator (more than 10%)

Review reasons for granting permission contrary to advice Review policy

DM7 – Flood Risk and Water Resources

To protect ground and surface water resources from adverse impacts from waste proposals and reduce the risk of flooding

(SO3 – The environment, SO4 – Community, Health and Wellbeing)

Number of planning applications granted contrary to Environment Agency advice on flooding and water quality/provision grounds

Number of planning applications granted which include flood alleviation benefits

Number of planning applications granted which include SuDS

Planning application documents

Planning permissions decision notices and delegated or committee reports

Reliant on discussion of these elements in reports/ notices

No planning permissions have detrimental impact on water resources and unacceptable impact on flooding

Number of planning permissions granted contrary to Environment Agency advice (>0)

Review reasons for granting permission contrary to advice

Review policy

DM8 – Public Access

To prevent negative impacts on existing public access routes and improve and enhance the Rights of Way network where possible

(SO3 – The environment, SO4 – Community, Health and Wellbeing)

Number of planning permissions involving the permanent loss of a Right of Way

Number of planning permissions securing additional Rights of Way through restoration

Planning permissions decision notices and delegated or committee reports

-

All planning permissions have no adverse impact on Rights of Way and increase public access

Significant number of applications approved contrary to advice Countryside Access Team (more than 10%)

Planning permission granted resulting in permanent loss of Right of Way

Review reasons for loss of Right of Way Review policy

DM9 – Planning Obligations

Requirements from development will be met

(SO1-Climate Change, SO2 – Strengthen our economy, SO3 – The environment, SO4 – Community, Health and Wellbeing, SO5 – Meet our future need, SO6 – High quality design and operation, SO7 – Sustainable transport)

Number of planning permissions with signed S106 agreements

Planning permissions decision notices and delegated or committee reports

Waste Planning Authority legal records

Delay between permission and signing of S106 may delay monitoring

All permissions granted with S106 where needed

Significant number of planning applications without S106 (more than 10%)

Review reason for lack of S106 If no justification, review policy

DM10 – Cumulative Impacts of Development

Prevention of negative cumulative impacts

(SO1-Climate Change, SO3 – The environment, SO4 – Community, Health and Wellbeing, SO5 – Meet our future need, SO6 – High quality design and operation, SO7 – Sustainable transport)

Number of planning applications granted despite unacceptable cumulative impacts

Planning permissions decision notices and delegated or committee reports

Reliant on discussion of cumulative impact in reports/notices

No unacceptable cumulative impacts arise from minerals development

Planning permissions granted that give rise to unacceptable cumulative impact

Review policy to strengthen cumulative impact assessment

DM11 – Airfield Safeguarding

To ensure waste proposals do not pose a risk to aviation safety

(SO4 – Community, Health and Wellbeing, SO6 – High quality design and operation)

Number of planning applications granted contrary to advice from airfields

Planning permissions decision notices and delegated or committee reports

No overseeing body, therefore advice will be on an air-field by air-field basis and could be inconsistent

No applications permitted against airfield advice

Permission granted contrary to airfield advice

Review reasons for approval against advice Review policy in light of above

DM12 - Highway Safety and Vehicle Movements / Routeing

Improved highway safety and appropriate routeing schemes

(SO1 – Climate Change, SO3 – The Environment, SO4 – Community, Health and Wellbeing, SO7 – Sustainable Transport

Planning applications granted contrary to advice from: - Highways England - Highways Authority

Planning permissions decision notices and delegated or committee reports

-

All planning permissions consistent with policy criteria

Significant number of applications approved contrary to advice from those set out in performance indicator (more than 10%)

Review policy to address criteria that were not met in permissions