Proposed schedule of main modifications

Add the following to clause 1 of Policy SP2:

1. The Waste Local Plan aims to provide sufficient waste management capacity to meet the equivalent of the Plan areas identified needs and will support proposals for waste management facilities, including transfer 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 where it can be shown that:
      1. This will not prejudice movement up the waste hierarchy and achieving our recycling targets;
      2. The power generated can be fed into the national grid; and
      3. The heat generated can be used locally, if this is impractical initially then the facility should be designed and located to have the capability to deliver heat in the future to existing or potential heat users
   3. Other forms of recovery will be permitted where it can be shown the proposal meets the requirements within Policy SP4
   4. New or extended disposal capacity will be permitted where it can be shown that this is necessary to manage residual waste that cannot be recycled or recovered.'

Add the following text to paragraph 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, known as net self-sufficiency. Policy SP6 sets out this approach in more detail.'

Add the following text to paragraph 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 and 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 Waste management plan for England (2021) and Our waste, our resources: a strategy for England (2018) make clear that the aim is to get the most energy out of waste, not to get the most waste into energy recovery. Proposals for such facilities then should detail the anticipated sources and availability of waste feedstock for the proposal to show they will not prejudice waste being managed further up the hierarchy and would divert waste that would otherwise be disposed of. To be classed as a 'recovery' facility Energy from Waste (EfW) facilities must achieve an agreed level of energy efficiency.'

Add the following text to paragraph 7.20:

'The Waste Local Plan therefore seeks to locate facilities in suitable locations which are well related to the main urban areas and settlements of Nottinghamshire and Nottingham and encourages the co-location of waste management facilities and complementary activities. Policy DM1 provides a more detailed set of site criteria to establish the types of locations that would be considered suitable for different types and sizes of waste management facilities with Policies SP8, DM2 and DM10 also ensuring waste facilities and non-waste developments can co-exist without adverse impacts on one another.'

Amend Policy SP3 to read:

1. 'Waste treatments facilities will be supported permitted in suitable locations which are well related to the main urban areas and settlements in Nottinghamshire and Nottingham and where the size of the facility is appropriate to its location.

2. The development of treatment facilities within the open countryside will be permitted 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 and/ or previously developed land and fit in with the local character. Where land is designated as Green Belt, policy SP7 will apply.

3. The opportunity to co-locate waste facilities together and with complementary activities should be considered and will be encouraged where appropriate.'

Add the following text as a paragraph following paragraph 7.25:

'Co-locating waste facilities together and with complementary activities can offer several benefits, for example locating an aggregate recycling facility next to an aggregate quarry would reduce the distance waste would need to travel to be treated. This would help meet the proximity principle and reduce impacts from the transportation of waste, such as greenhouse gas emissions, noise and dust. Whilst beneficial, co-location could lead to harmful cumulative impacts and so will only be encouraged where applications can satisfy the development management policies within this plan to demonstrate co-location is appropriate.'

Amend Policy SP4 to read:

1. 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 to the site 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 It is not practical to re-use or recycle the waste;.
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; and
5. This will not prejudice the restoration of permitted mineral workings and landfill sites where applicable.

2. Proposals for the disposal of non-hazardous or hazardous waste to land will not be permitted unless it can be demonstrated that:

a. There is an overriding need for additional disposal capacity which cannot be met at existing permitted sites.; and

2. The waste cannot practicably and reasonably be re-used, recycled, recovered or processed in any other way.

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

Add the following text to paragraph 7.47:

'Waste development can provide a number of opportunities to mitigate and adapt to the impacts of future climate change. This could include:

• Minimising greenhouse gas emissions, including through energy efficiency, design and orientation of buildings, and using low or zero emission equipment, vehicles or mobile plants
• Explore the use of new technology to reduce greenhouse gas emissions, such as Carbon Capture and Utilisation and Storage (CCUS) at Energy from Waste facilities
• Minimising 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 Plan area (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, such as landfill capture facilities which capture methane
• 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

The nature and scale of new waste development will influence the extent to which climate change resilience measures will be most effective and appropriate. Policy DM3: Design of Waste Management Facilities details how such measures should be included within the design of facilities. For waste development proposals which require an Environmental Impact Assessment (EIA), where the Councils consider that associated direct or indirect emissions are of a magnitude considered likely to be of significance to the climate, the applicant will need to assess the proposal's direct and indirect impact on climate through a greenhouse gas emission assessment. The applicant will also need to, where relevant, assess alternative emissions scenarios along with mitigation measures, as well as detailing the vulnerability of the proposal to climate change, including measures to ensure its resilience.'

Amend clause 1 to read:

'1. All waste management proposals should seek to minimise the distances waste needs to travel and maximise the use of sustainable alternative modes of transport where practical. Where alternative modes are not available, practical or viable, proposals should seek to make the best use of the existing transport network ensuring that proposed facilities use the main highway network where appropriate and address Policy DM12.

2. Waste management proposals which are likely to treat, manage or dispose of waste from areas outside Nottinghamshire and Nottingham will be permitted where they demonstrate that: a) The facility makes a significant contribution to the movement of waste up the waste hierarchy; or b) There are no facilities or potential sites in more sustainable locations in relation to the anticipated source of the identified waste stream; or c) There are wider social, economic or environmental sustainability benefits that clearly support the proposal.'

Add the following text to paragraph 7.52:

'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. Applicants will need to demonstrate alternatives modes of transport have been considered and outline why such modes are not practical or viable or are unavailable. Where this is shown and road transport will be used, entirely or partly, applicants will need to meet the requirements set out in Policy DM12: Highway Safety and Vehicle Movements/ Routeing. Large and medium scale facilities should be sited as close to source as practically possible.'

Split paragraph 7.53 and amend to read:

'There is potential that that during the life of the Waste Local Plan that proposals will be made which take waste from a wider catchment area. As far as possible we want to be self-sufficient in managing our own waste, but this is not always practical as waste movements do not necessarily stop at local authority boundaries, with commercial contracts also affecting movements as well as economies of scale, with some waste travelling further due to its value. For example, It is also recognised that due to the large geographical area of Nottinghamshire, it may be more practical for the facility to also handle waste outside the plan area as these would be closer than some sources of waste within Nottinghamshire. The Plan therefore takes a pragmatic approach and aims for net self-sufficiency.

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 facilities are supporting the waste hierarchy is supported and enabling the priorities outlined in Policy SP2, the most sustainable outcome is sought, and that wider social, economic or environmental sustainability benefits are delivered through those facilities being located in Nottinghamshire and Nottingham.

Amend Policy SP7 to read:

'1. Proposals for waste management facilities and associated development considered to be inappropriate development in the Green Belt will only be approved permitted 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.

2. Proposals for waste management facilities and associated development considered not to be inappropriate as per National Policy will only be supported permitted where this maintains the openness of the Green Belt and the purposes of including land within it.'

Add the following text to Clause 4:

1. 'Nottinghamshire and Nottingham City will seek to avoid the loss of existing authorised waste management facilities, including potentialextensions; sites which have an unimplemented planning permission; and facilities to transport waste, such as rail or water.

2. Proposals, including both planning applications and allocations in local plans, for non-waste uses near existing or permitted waste management facilities will need to provide suitable mitigation before the development is completed to address significant adverse impacts and demonstrate that the waste management uses can operate without unreasonable restrictions being placed upon them.

3. Where proposed non-waste development would have an unacceptable impact on a waste management facility, the applicant will need to demonstrate that there are wider social and/or economic benefits that outweigh the retention of the site or infrastructure for waste use and either:
   1. The equivalent, suitable and appropriate capacity will be provided elsewhere prior to the non-waste development; or
   2. The waste capacity and/ or safeguarded site is no longer required.
4. 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 and demonstrate that they have no objections which cannot be appropriately mitigated.'