Nottinghamshire and Nottingham Draft Waste Local Plan January 2022

Comment

Representation ID: 825

Received: 27/04/2022

Respondent: The Environment Agency

SP1 – Waste prevention and re-use
Para 7.8. “This can include measures such as using recycled materials in construction or re-using suitable construction waste on site for engineering or landscape purposes.”

The Environment Agency has legislation (permits/exemptions) for this process including Recovery Permits and U1 exemption. There is also the CL: AIRE Code of Practice (CoP) which allows the reuse of excavated materials on-site or their transfer between sites, without being classified as waste. The CoP therefore provides an alternative to the use of Permits or exemptions. However with them all the suitability of the material should always be considered.

With that in mind if materials that are potentially waste are to be used on-site, the applicant will need to ensure they can comply with the following exclusion from the Waste Framework Directive (WFD) (article 2(1) (c)) for the use of, ‘uncontaminated soil and other naturally occurring material excavated in the course of construction activities, etc.…’ Meeting these criteria will mean waste permitting requirements do not apply.
Where the applicant cannot meet the criteria, they will be required to obtain the appropriate waste permit or exemption from us.

A deposit of waste to land will either be a disposal or a recovery activity. The legal test for recovery is set out in Article 3(15) of WFD as:

• any operation the principal result of which is waste serving a useful purpose by replacing other materials which would otherwise have been used to fulfil a particular function, or waste being prepared to fulfil that function, in the plant or in the wider economy.
• We have produced guidance on the recovery test which can be viewed at https://www.gov.uk/government/publications/deposit-for-recovery-operators-environmental-permits/waste-recovery-plans-and-deposit-for-recovery-permits#how-to-apply-for-an-environmental-permit-to-permanently-deposit-waste-on-land-as-a-recovery-activity
More information on the use of waste in exempt activities can be found here: https://www.gov.uk/government/collections/waste-exemptions-using-waste
Non-waste activities are not regulated by us (i.e. activities carried out under the CL:ARE Code of Practice), however the applicant would need to decide if materials meet End of Waste or By-products criteria (as defined by the Waste Framework Directive).
The ‘Is it waste’ tool, allows you to make an assessment and can be found here: https://www.gov.uk/government/publications/isitwaste-tool-for-advice-on-the-by-products-and-end-of-waste-tests

Comment

Representation ID: 826

Received: 27/04/2022

Respondent: The Environment Agency

Para 7.9. “… where there is scope for recovery and use of heat”.

We believe that recovering energy from (residual) waste can contribute to a balanced energy policy. The recovery activities should not undermine preventing or minimising waste. The recovery activities should form part of a properly considered and appraised strategy. We consider that energy generated by incineration should be recovered as far as is practicable, for example using Combined Heat and Power (CHP) schemes. You may find the following document useful:
https://www.gov.uk/government/publications/energy-from-waste-a-guide-to-the-debate.

Comment

Representation ID: 827

Received: 27/04/2022

Respondent: The Environment Agency

SP3 – Broad Locations for New Waste Treatment Facilities
An important consideration when determining the location of new waste treatment facilities will be their proximity to existing and proposed sensitive receptors, e.g., housing. Both development types will need to be in such a way that they can ‘co-exist’ without either having an adverse effect on the other.

Comment

Representation ID: 828

Received: 27/04/2022

Respondent: The Environment Agency

SP4 - Managing Residual Waste
This SP discusses similar processors to SP1 and as such the response to that policy should be considered.

Comment

Representation ID: 829

Received: 27/04/2022

Respondent: The Environment Agency

SP5 – Climate Change
We very much welcome the inclusion of this section, both the wording of the Policy and supporting text. In addition, and with reference to the comments made earlier in this letter, it is recognized that waste and resource management is an important consideration for reducing overall carbon emissions.

Comment

Representation ID: 830

Received: 27/04/2022

Respondent: The Environment Agency

SP8 – Safeguarding Waste management sites
We welcome the inclusion of this Policy, with particular regard to those waste sites which will require an Environmental Permit from the Environment Agency. The requirements of the Policy will need to be taken into consideration when Local Planning Authority’s consider the appropriateness of new sensitive developments (e.g., housing) in relation to existing or proposed waste sites.

Comment

Representation ID: 831

Received: 27/04/2022

Respondent: The Environment Agency

DM1 – General Site Criteria
This section includes commentary regarding certain waste operations, and which would include applications to be from the Environment Agency for Permitting under the Environmental Permitting Regulations. Where this is the case, we would advocate operators seeking pre-permitting, as well as pre-planning, advice.

Comment

Representation ID: 833

Received: 27/04/2022

Respondent: The Environment Agency

DM5 - Protecting and Enhancing Biodiversity
We strongly suggest that the following amendment is made to paragraph 3. a)

Retains, protects, restores, and enhances features of biodiversity or geological interest, and provides for appropriate management of these features, and in doing so contributes to targets within the Nottinghamshire Local Biodiversity Action Plan and provides net gains for biodiversity at a minimum of 10%.

Comment

Representation ID: 834

Received: 27/04/2022

Respondent: The Environment Agency

Para 8.57
We consider that “…sites should be restored equal to or better than their original condition, at the earliest opportunity and to high environmental standards”.

Comment

Representation ID: 835

Received: 27/04/2022

Respondent: The Environment Agency

Para 8.58
We consider that this paragraph should be amended to read as follows:

Where the opportunities for enhancement exist, such opportunities should be maximised, with biodiversity net gain achieved (at a minimum of 10%), onsite where possible as required by the NPPF (2019 2021). Any enhancements should be in line with national and local targets and ensure habitats do not become fragmented and can adapt to the impacts of climate change. Where practicably possible 15-20% net gain should be achieved to deliver greater resilience against the impacts of climate change. The Biodiversity Opportunity Mapping completed for a large part of Nottinghamshire should be used to help inform such proposals for any offsite gains.