Introduction to Minerals and Waste Planning

Transcription

1 Introduction to Minerals and Waste Planning Session 1: Policy and planning law update

2 RTPI South East and RTP London - Introduction to Waste and Minerals Planning 18 October 2018 Waste Management and Minerals Supply Ian Blake Partner, BPP Consulting

3 Why waste and minerals?

4 Waste Management What is waste?! Main types of waste: Municipal/household Commercial/industrial Construction/demolition/excavation Radioactive Agricultural Hazardous Wastewater

5 Waste generation by waste material, UK, 2014 Source: Defra statistics

6 Source: Environmental Services Association

7 Intended to avoid this

8 and help achieve this.. Source: Statistics on waste managed by local authorities in England in , Defra, December 2017

9 and this.. Impact of Newhaven ERF on amount of household waste sent to landfill

10 Waste management activities metal recycling sites energy from waste incineration and other waste incineration landfill and land raising sites (such as soils to re-profile golf courses) landfill gas generation plant pyrolysis / gasification material recovery / recycling facilities combined mechanical, biological and/or thermal treatment in-vessel composting open windrow composting anaerobic digestion household civic amenity sites transfer stations waste water management dredging tips storage of waste recycling facilities for construction, demolition and excavation waste.

11 Number and capacity of permitted final treatment facilities, UK and England, 2014

12 Recycling

13 C&D waste processing

14 Composting Insert picture

15 Energy Recovery Anaerobic Digestion

16 Fuel (RDF/SRF) manufacture

17 Energy Recovery - Incineration

18 Engineered Landfill

19 Wastewater Treatment

20 Transport

21 London and the South East. It is estimated that in 2017 the total tonnage of Residual Waste generated in London and the South East was Key waste planning issue for London & SE 9.88Mt around 35% of the total generated the UK as a whole. Treatment Residual Waste Mt Sources Residual Waste Mt Residual Waste Treatment UK EfW 4.19 RDF Export 1.72 MBT Impact 0.26 Co-Incineration 0.13 LACW % 42% EfW RDF Export MBT Co-Incineration Landfill - L & SE 3.38 Landfill - Outside 0.20 C&I Waste % 3% 18% Landfill Total 9.88 Total 9.88 Figure 2: 2017 Residual Waste in London and the South East Pag e Source: Residual Waste in London and the South East, Tolvik Consulting, October 2018

22 Minerals supply

23 Minerals of local and national importance Minerals which are necessary to meet society s needs: aggregates, brickclay (especially Etruria Marl and fireclay) silica sand (including high grade silica sands) cement raw materials gypsum, salt, fluorspar, shallow and deep-mined coal, oil and gas (including hydrocarbons), tungsten, kaolin, ball clay, potash and local minerals of importance to heritage assets and local distinctiveness.

24 The Need for Minerals Construction raw materials constitute about 82%, by tonnage, of all land-won minerals extracted in UK Securing supply of minerals is key to the Government s development agenda on-shore oil and gas helps to ensure secure supplies of energy and supports the transition to a low-carbon economy Opencast coal development can also assist the ceramics and brick-making industries through enabling access to supplies of associated clays Minerals and mineral-based products contribute to the balance of payments through exports and import substitution

25 Potential future demand for aggregates Economic activity +2% pa to 2020 Population growth +8m by 2030 New housing - 200,000 dwellings pa? Infrastructure - 375bn pipeline Flood defence, sewerage Energy nuclear, renewables, gas Transport roads, HS2, Heathrow

26 Minerals Production Activities Quarrying Open cast mining Mining Storage Processing Transport Rail Water - Wharves

27 Minerals can only be worked where they are found

28 Mining (Gypsum)

29 Quarries

30 Aggregate processing

31 Oil and Gas

32 Transportation

33 Source: Minerals Products Association Aggregate movements

34 Particular Characteristics of Minerals Production Minerals can only be worked where they occur Temporary use of land, but, timescales can be long Adverse environmental effects can be mitigated not eliminated Land should be restored Long term monitoring needed inc. enforcement MPAs are main regulator

35 Principal Impacts of Mineral Working Noise dust/air quality blasting/vibration/fly rock mineral waste traffic land instability visual intrusion into the local setting and the wider landscape archaeological and heritage features on groundwater/surface water on designated, protected or sensitive species and plant and wildlife habitats on protected geological features

36 Minerals and the Environment Minerals extraction can have adverse impacts on the environment, some of which may be long-term. Mitigation is possible through: careful location and management of sites and high quality restoration of land.

37 Sales (Thousand Tonnes) Key minerals issue for London & SE Increasing reliance on marine won aggregate 8,000 Sand and Gravel (Land-won) Crushed Rock (Land-won) Marine dredged Sand and Gravel Crushed Rock sold at Wharves Crushed Rock Sold at Rail Depots Recycled & Secondary Aggregate 7,000 6,000 5,000 4,000 3,000 2,000 1, Year

38 Key issues waste and minerals Local environmental issues noise, dust etc. Landscape (National Parks, AONB) Biodiversity and habitats Conserving natural resources e.g. soils Preventing and reducing pollution air, water, soil Green Belt Viability competition with high value land uses And

39 Climate change

40 Waste & minerals controversial and so political

41 Waste and Minerals many common features More likely in urban areas (except landfill) Waste Often large scale Managing bulk materials Specialist infrastructure Strategic larger than local impacts Resources materials and energy (Recovered waste replaces primary Major players minerals) in circular economy Significant impacts - often require EIA Involve holes in the ground! Controversial County matter Lack of planners! Minerals Primary minerals can only be worked where they exist (rural areas) Intermittent, low level (extraction) Long term but temporary (extraction)

42 Providing for mineral extraction and for the processing and disposal of waste often makes significant land-use demands but both are activities essential to a well functioning modern society. Therefore, the careful planning of such developments is essential to manage their impact on both the surrounding environment and local communities.

43 NATIONAL PLANNING POLICY FRAMEWORK David Payne MPA

44 The presumption in favour of sustainable development Strategic policies should, as a minimum, provide for objectively assessed needs for housing & other uses, as well as any needs that cannot be met in neighbouring areas (para 11) Strategic policies overall strategy for pattern, scale & quality of development and make provision for b) Provision of minerals (para 20)

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46 Chapter 17 Facilitating the sustainable use of Minerals It is essential that there is a sufficient supply of minerals...finite natural resources can only be worked where they occur best use needs to be made of them (para 203)

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49 Minerals Plans should (para 204); Provide for extraction of minerals of local and national importance so far as practicable, take account of the contribution that substitute or secondary and recycled materials would make before considering extraction of primary materials Safeguard mineral resources by defining Minerals Safeguarding Areas and adopt appropriate policies safeguard existing, planned & potential minerals infrastructure Include criteria against which applications can be assessed

50 Maintaining supply (para 207) Plan for a steady & adequate supply of aggregates: Local Aggregates Assessment to forecast future demand Provision in form of specific sites, preferred areas and/or areas of search and locational criteria Take account of National & Sub-national Guidelines Landbanks as indicators of security of supply and of additional provision to be made in plans Maintain landbanks of at least 7 years for sand and gravel and 10 years for crushed rock and ensure capacity of operations to supply not compromised

51 Longer [landbank] periods may be appropriate range of aggregates, markets, productive capacity of sites Ensure competition not stifled Calculate and maintain separate landbanks for aggregate of specific type or quality which have a distinct and separate market Plan for steady & adequate supply of industrial minerals: Cooperate with other authorities to ensure provision Maintain stock of permitted reserves (at individual sites) to support investment

52 Development management (para 205) Give great weight to the benefits of mineral extraction As far as practicable, provide outside of designated areas Avoid unacceptable impacts Restoration & aftercare at earliest opportunity Meet demand for small scale building stone LPAs not normally permit development in MSAs

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54 NPPF Consultation government response The Government acknowledges the support for an effective planning policy for minerals and the need to facilitate security of supplies, and the final Framework recognises that a sufficient supply of minerals is essential. The minerals chapter will be retained within the Framework so that it can be considered alongside other land-use planning policies, so that appropriate safeguarding of minerals sites will continue, and appropriate planning for minerals is co-ordinated alongside other needs, such as infrastructure and housing The Government recognises that planning for minerals is essential to increasing the supply of housing and other development, and that without updated guidelines, there is a real risk of under-provision and possible sterilisation of mineral resources the case that has been made for revitalising the MASS The Government intends to explore these issues after the publication of the Framework.

55 Revised NPPF (July 2018) - Minerals Chapter retained in NPPF Most of original text re-instated in main body or footnotes Reference to Mineral Consultation Areas not included (seen as process better in guidance) Definitions of infrastructure to be safeguarded reduced LAAs to forecast future demand Reference to small scale stone extraction retained

56 Revised NPPF (July 2018) Other parts Framework read as a whole, including footnotes & annexes (3) Presumption in favour of SD inc providing for objectively assessed needs for housing & other uses (11) Strategic policies make provision for minerals (20) Statements of common ground documenting cross-boundary issues being addressed & progress (27, 35b) agent of change requiring new development to avoid & mitigate potential adverse effect on existing businesses & facilities (182)

57 RTPI South East and RTP London - Introduction to Minerals and Waste Planning 18 October 2018 Policy on Waste and Minerals Planning National Planning Policy for Waste Ian Blake Partner, BPP Consulting

58 National Planning Policy for Waste Waste hierarchy Contribution to sustainable communities integrate with other development Local Plans Proximity Principle Need for mix of facilities Meeting unmet requirements from other authorities Collaborative working Role of existing facilities Proportionate evidence spurious precision Identification of sites types of site and matters to consider Allocations, flexibility, proximity principle, on-site management, industrial sites, opportunities for use of heat, priority to the re-use of previously-developed land, sites identified for employment uses, and redundant agricultural and forestry buildings and their curtilages Cumulative impacts Green Belt Applications Demonstration of need Energy from waste waste hierarchy Good Design Avoid health studies, other regimes Role of non waste and minerals planning authorities Monitoring National Policy Statements for Waste Water and Hazardous Waste

59 The Waste Hierarchy

60 National Planning Policy for Waste Suitability of Sites WPAs should determine the suitability of proposed sites: in the development of Local Plans and; individual planning applications. This covers: Type of facility Proximity principle On-site management Industrial sites, co-location, combined heat and power (chp) Re-use of previously developed land (pdl) sites identified for employment uses, and redundant agricultural and forestry buildings and their curtilages

61 National Planning Policy for Waste The Proximity Principle Related to self sufficiency WPAs to ensure, as far as is practicable, sufficient capacity for MSW within their area. But, no expectation that each area should deal solely with its own waste Nor does it require use of closest facility Uneconomic to have facilities in each WPA area for small quantities of waste Ensure use of existing capacity is effective & efficient Significant economies of scale achieved by WPAs working together to create a network of facilities

62 Waste Local Plans Used to inform decisions on planning applications Prepared by WPAs specifically covering management of waste Include sufficient opportunities (sites) to meet the identified needs of an area for the management of waste Suitable sites and areas for the provision of waste management facilities are identified in appropriate locations

63 Integrating Waste Management with other spatial concerns Employment land reviews should consider need for waste sites Integration of local waste management opportunities in new development Co-location of waste sites Local energy requirements district heating

64 Other Regulatory Regimes Planning system focuses on acceptable use of the land and the impacts of those uses, rather than any pollution control processes WPAs should assume that other regulatory regimes will operate effectively Take advice from other regulatory bodies need to be satisfied that issues can be addressed

65 Victoria Manning Vitaka Consulting The London Plan

66 Introduction 15 minutes Brief introduction to the waste and minerals policies in the London Plan How and why the London Plan impacts on authorities outside London Targets Apportionment Net self-sufficiency Existing and new waste capacity Waste exports Minerals

67 The London Plan London Plan waste policies are important for policy planners both in London boroughs and WPAs who receive London s waste waste imports/exports, duty to co-operate Statutory Spatial Development Strategy for London The only regional plan in England Subject to its own Act and Regulations Prepared by each Mayor, with different priorities Draft new London Plan published November 2017 EiP in early 2019, adoption 2020

68 Circular Economy Greater focus on circular economy in Environment Strategy and new draft London Plan Recycling targets Using fewer resources Keeping products and materials in use for as long as possible Reusing/recycling demolition materials Identifying amount of CD&E waste generated and where it will be managed Designing new buildings for disassembly and material reuse Designing in adequate storage to support recycling Circular Economy Statement

69 Targets Targets are set out in the London Environment Strategy and reflected in the draft new London Plan Net self-sufficiency by 2026 (currently 60%) Zero biodegradable or recyclable waste to landfill by % recycling of municipal waste by 2030 (currently 41%) 50% LACW by 2025 (currently 33%) 75% business waste by 2030 (currently 48%) 95% recycling of C&D waste by 2020 (currently 50-60%)

70 Net Self-Sufficiency Target of net self-sufficiency by 2026 Net self-sufficiency is managing the equivalent of 100% of London s waste arisings Applies to all types of waste (except excavation waste) London is a net exporter of waste NSS target does not mean that there will be no waste exports (contrary to table in London Plan); London will need to import some waste to balance exports

71 Apportionment Targets London Plan forecasts how much LACW and C&I waste will be generated in London (waste arisings) London Plan apportions an amount of LACW and C&I waste to each borough to manage Each borough has an amount of waste apportioned based on their ability to provide capacity Methodology which works out apportionment includes capacity, arisings, transport network, land-use, environment and socio-economic factors Inner London borough apportionment targets tend to be lower than their arisings, outer boroughs tend to be higher Local Plans need to identify existing capacity and allocate sufficient land (sites and/or areas) to provide capacity to manage the apportioned waste Boroughs are encouraged to work together and pool apportionment targets/capacity

72 Existing Waste Capacity Policy: All existing waste sites are safeguarded in Local Plans Intensification of existing sites is encouraged Policy: If a waste site is redeveloped for other uses, replacement site/capacity is required (within London, but some boroughs require within their area) Capacity is calculated by the maximum actual throughput over the last five years (not by permitted capacity) These two policies have helped keep waste capacity in London Hazardous waste capacity is a regional issue, but London Plan leaves it to boroughs to plan for facilities Mayor is of the view that no more EfW capacity is required once pipeline facilities are built out

73 New Waste Capacity Focus on intensifying existing sites New sites and/or areas Call for sites mostly does not deliver Focus on designated industrial land and wharves for new facilities Industrial land is under pressure from other uses Policy of industrial intensification through multi-storey, basements, more efficient use of land, small units (Policy E7) Risk from other uses to operation of waste facilities Agent of change principle (Policy D12) responsibility on new development to mitigate impacts on occupiers from existing noisy/nuisance generating activities

74 Waste Exports London is a net exporter of waste 42% of exports go to South East 49% of exports go to East of England Target to manage the equivalent of 100% of London s waste (i.e. net selfsufficiency) by 2026 Includes all waste streams except excavation waste Table indicates no LACW/C&I exports after target date should say net No details on C&D exports Waste will continue to be exported to landfill and specialist facilities Duty to co-operate on waste happens at a borough level, despite being a strategic matter

75 Minerals Four London Boroughs currently contribute aggregates: Havering Hillingdon Hounslow Redbridge Five million tonnes of aggregates is apportioned amongst these boroughs Sand and gravel resources must be identified and safeguarded through Local Plans The Mayor prepares a joint London-wide Local Aggregates Assessment Recycled aggregate is encouraged

76 Headlines Challenging recycling targets London Plan policies help to keep waste capacity in London The London Plan waste policies matters to authorities outside of London Net exports will continue

77 Further Reading London Plan (March 2016) Chapter 5 Draft new London Plan (November 2017) Chapter 9 London Plan evidence base: sustainable infrastructure: waste Waste forecasts for LACW, C&I, CD&E and hazardous Apportionment methodology Waste movements

78 Waste and Minerals Planning: Key Legal Principles Kate Olley Landmark Chambers 18 th October 2018

79 Waste Framework Directive 2008/98/EC (amendment 2018/851) Basic concepts and definitions- Article 3 Waste Waste producer Waste management Treatment Recovery Disposal Recycling When waste ceases to be waste and becomes a secondary raw material (end-of-waste criteria)- Article 6

80 Waste Framework Directive 2- principles Basic waste management principles Management of waste without endangering human health and harming the environment Without risk to water, air, soil, plants or animals- Article 13 Without causing a nuisance through noise or odours Without adversely affecting the countryside or places of special interest Waste hierarchy principle- Article 4 Polluter pays principle- Article 14 Extended producer responsibility Article 8 Adoptions of waste management plans and waste prevention programmes

81 Waste Hierarchy

82 Waste Management Planning Article 28 Waste Framework Directive Mandatory elements Additional elements

83 Mineral Planning- the Methley Quarry case R (Tarmac Aggregates) v Secretary of State for the Environment, Food and Rural Affairs [2016] PTSR 491 Approach to determining whether an activity is waste recovery or waste disposal Restoration schemes- quarry restoration scheme near Leedsbackfilling with waste- creation of wetland areas- use of waste for backfill Issue of Environmental Permits- recovery permit from Environment Agency Refusal to grant

84 Methley Quarry 2 Waste recovery or waste disposal? Recovery clearly preferable in terms of the waste hierarchy A disposal operation or a recovery operation? Recovery- Article 3(15)- waste serving a useful purpose- replacing other materials which would otherwise have to be used for something Disposal operations- Annex I- deposit into or on land Problem of overlap with recovery operations (Annex II) Case of Abfall Service AG (C-6/00)- disposal/recovery not to be decided according to whether waste can be reused after a given operation- test of overriding purpose instead

85 Methley Quarry 3 Would the operation have to be carried out whether or not the waste in question was to be used? Planning consent obligations- requirement for restoration of the site and footpath Inspector found it likely that alternative approaches would be considered for the reinstatement of the footpath- given the scale of the landform and resulting cost of using non-waste materials CA said he was wrong- should have found that the backfill operation would have to be carried out in any event- Tarmac would be required to do so by the LPA due to the planning obligation to restore- no chance of being released from that

86 Methley Quarry 4 Substantial quantities of material would need to be used- if not waste material then primary materials would be required The waste material would thus replace other materials which would otherwise have been used In accordance with the definition of recovery in Article 3(15)- hence a recovery operation the Environment Agency should issue a standard rules environmental permit for the use of the waste for the backfill operation to restore the quarry

87 Methley Quarry 5 EA revised guidance October recovery tests (only need to meet one) 1) statutory obligation to undertake the work; 2) financially viable to complete the scheme using non-wastes (demonstrating that waste is being used as a substitute) Evidential requirements not well defined Importance of considering the waste regulatory approach from the outset- may play an important role in being able to justify a case for recovery when it comes to permitting

88 Questions & discussion session

89 Refreshment Break Follow