3.37

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Object

Pre- Submission Draft Waste Local Plan

Representation ID: 886

Received: 26/09/2023

Respondent: Shlomo Dowen

Legally compliant? No

Sound? No

Duty to co-operate? No

Representation Summary:

The Plan should make clear that Government policy is that Energy from Waste (incineration) “should not compete with greater waste prevention, re-use, or recycling”, and that proposed new incineration plants “must not result in an over-capacity of EfW waste treatment provision at a local or national level”. This view should be considered a material planning consideration when determining planning applications and is therefore relevant to Plan users. It is also relevant in its own right to assessing the soundness of the Waste Local Plan.

Change suggested by respondent:

The ‘Other National Policy Statements’ should refer to the Government’s stated policy on the need to avoid EfW overcapacity at a local or national level.

Update policies in the Waste Local Plan to ensure that EfW proposals do not compete with greater waste prevention, re-use, or recycling. and that new plants do not result in an over-capacity of EfW waste treatment provision at a local or national level.

Full text:

It is set out in Defra’s statement from 11th of July 2022, that: “The Government’s view is that Energy from Waste (EfW) should not compete with greater waste prevention, re-use, or recycling. Proposed new plants must not result in an over-capacity of EfW waste treatment provision at a local or national level.”

https://questions-statements.parliament.uk/written-questions/detail/2022-06-30/28465
This view should be considered a relevant statement of the Government’s view that would be a material planning consideration when determining planning applications and is therefore relevant to Plan users. It is also relevant in its own right to assessing the soundness of the Waste Local Plan.

This confirms the Government's support for the position set out in Paragraph 3.3.40 of the March 2023 Draft update to EN-1 which states: “The proposed [EfW] plant must not compete with greater waste prevention, re-use, or recycling, or result in over-capacity of EfW waste treatment at a national or local level”.

Note: Only Solutions LLP is challenging the soundness and legal compliance relating to this consultation point. We have no position on the duty to co-operate, but there is no option to indicate this in the interactive online consultation system.