Landfill Planning Appeals and Planning Matters

A surprisingly large proportion of UK landfill applications end up going to a planning appeal



The Appeal process is lengthy and costly, often for both sides. This is a very wasteful way in which to determine proposals to provide what is, after all, an essential service. Secondly, the presumption in favour of developers can be a double-edged sword.



The planning authority is immediately placed on the back foot and is inclined to behave defensively, rather than being in a position to behave positively to achieve objectives defined in a coherent and responsible local plan.



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However, where planning authorities decide to take a positive stance, despite the system tending to encourage them otherwise, notions such as "planning gain" begin often then become implicated. But, this is a step away from considering each application solely on its merits and can give rise to inequities and poor decision-making.



One particular victim through all of this is the proper consideration of the need for a particular proposal. This may find little or no place in our present planning system.



It might have been thought that the advent of Environmental Assessments (EA's) for the more substantial waste disposal developments would have cleared the way for more objective decision-making. A personal perspective is that this does not seem to be the case so far. EA's certainly provide a much better basis for taking a balanced view of a proposed development. They also provide ammunition for both sides in cases where there is disagreement.



So, a major feature which should help the determination of a particular application is its conformity with local plans. Unfortunately the publication of plans is in some disarray in most authorities.



The problem requires when numerous separate plans are involved, these being Structure Plans and Minerals Plans under planning law, a Waste Disposal Plan, Waste Development Plans etc.



Besides the sheer amount of work involved there are obvious difficulties for an authority in co-ordinating these plans. Another problem is the in the UK the waste regulatory system has been revised and developed so much over the last 10 years, it is understandable that in some areas the plans may not have been yet produced.



For the average landfill planning application co-ordination is also needed between authorities. This arises as the provision of waste management facilities is usually of regional importance, each authority, however, will naturally look after their own interests first. So is it any wonder that in the UK they have not proved adept at working together to consider regional problems.



There are UK exceptions, notably SERPLAN (London and South East Regional Planning Conference), which is facing up to the need to provide for London's waste, among other issues. There are also instances where, for example, a county authority has declined to consent a clinical waste incinerator except at a capacity limited to the level of arisings within the county. This is despite the fact that there is no technical or environmental basis for the limitation, which in fact has rendered the proposals in some cases financially uneconomic.



During the planning process, planning authorities are required to consult other statutory authorities on an application. Consultations are also required at the licensing (called environmental permitting in the UK) stage.



Due to these potential problems the prospective landfill developer should discuss proposals at an early stage with the relevant planning authority and waste regulation authority.



The relevant matters to be considered in a planning application for a landfill site are likely to include the potential effects on:



• adjacent development and population;

• road and transport networks;

• services (gas, electricity, water);

• local amenity (noise, dust, odour, litter etc);

• ecology and nature conservation interests;

• agricultural land quality;

• restoration to an appropriate afteruse;

• surface and groundwater;

• landscape and visual amenity;

• archaeological interests;

• other designated areas or buildings of importance in the vicinity;

• air quality;

• minerals and other material assets.




This list may not be complete so check with the planning officer at the local authority when you meet him/her.


If you liked this article, then Steve Evans tells you how it is on other subjects too. Click on the link that follows to see more about the landfill specifications. Another web site that viewers of this site may find useful is the waste solutions web site.