1.1 The Planning and Compensation Act 1991 (1991 Act) introduced a new requirement for County Councils in England to prepare Waste Local Plans.These plans should contain detailed policies for the re-cycling, treatment and disposal of waste. Following the adoption of the Minerals Local Plan Review in 1995 it was considered impractical to include waste policies within the Minerals Plan and a separate Waste Local Plan Consultation Draft was prepared. Following local Government reorganisation on 1st April 1997, an agreement has been made in principle between Leicestershire County Council, Leicester City Council and Rutland County Council District Council (hereinafter referred to as the three Councils) to prepare, monitor and review a single Waste Local Plan covering the area of all three Councils, hereinafter referred to as the "Plan Area".

1.2 Each Authority will be responsible for the approval of the Waste Local Plan hereinafter referred to as the "Plan", at each key stage and for finally adopting the Plan for its own administrative area. The key stages for approval will normally be: Consultation Draft; Draft Plan for Deposit; proposed Modifications to the Plan following the Inspector’s report and consideration of any objections and adoption of the Plan. A Joint Member Steering Group (JMSG) has been constituted of members of the three Councils to guide the preparation of the Plan through these stages. The principal objectives of the three Councils as waste planning authorities is to consider the need to provide adequate disposal and treatment facilities for all types of waste generated within their administrative areas with their responsibilities to keep the environmental impact and other effects of waste management to an acceptable level. The present policy framework to ensure the maintenance of such a balance was provided by the Leicestershire Structure Plan 1991-2006, hereinafter referred to as "the Structure Plan".

1.3 The Plan should be read as a whole and individual policies should not be read in isolation. A Sustainability Appraisal of the policies contained in the Plan has been undertaken as part of the Plan’s preparation.

1.4 The purpose of this Plan is to set out detailed policies and guidance on waste development in the Plan Area between 1995 and 2006 (the "Plan Period"). It provides a basis for the three Councils responsible for waste management matters to make informed decisions on planning applications and it provides a greater element of certainty regarding the extent and location of future waste development to both industry and local residents in the Plan Area.

The main objectives of the Plan are:

(i) to identify existing waste disposal sites with capacity;

(ii) to calculate waste disposal requirements in the Plan Area during the Plan Period for all types of controlled waste;

(iii) to identify where appropriate the amount and location of waste management facilities required to meet the waste disposal requirements during the Plan Period;

(iv) to have regard to the priorities for managing waste set out in the Leicestershire Waste Disposal (Management) Plan in the formulation of land-use planning policies;

(v) the setting out of criteria against which planning applications for waste management will be assessed.

1.5 The Consultation Draft was the first formal step in the plan-making process. There was a six-week period for consultation. The closing date for receipt of representations was 31st March 1997. Draft policies and proposals for the Waste Local Plan Consultation Draft were published for the purposes of public consultation in January 1997. It was the subject of wide ranging consultation. District Councils within Leicestershire, adjoining County and District Councils, Parish Councils, public bodies, Government departments, the waste industry, conservation and amenity groups were all consulted. Publication of the Consultation Draft Plan was advertised in local newspapers and three public meetings were held during February 1997. Publicity arrangements are set out in a separate statement prepared by the three Councils.

1.6 A total of 340 responses were received to the Consultation Draft. Nearly all of the representations related to potential landfill sites, identified in the future waste disposal sites policy of the Consultation Draft. 274 of these responses came from local residents of whom 226 were residents in Blackfordby and Boothorpe, North West Leicestershire. The largest number of objections related to a new landfill proposal at Albion Works. As far as other specific policies were concerned, the greatest number of responses were in respect of the policy on incineration where there were objections to the wording of this policy on the grounds that there was a presumption against the incineration of waste.

1.7 The policy on future waste disposal sites has been amended from the Consultation Draft which referred to the release of two new landfill sites from a list of six potential sites to an allocation of one site to be released for future waste disposal.The policy on incineration has been amended and has been worded in a more positive manner whereby there is now a general presumption in favour of incineration subject to certain criteria being met. Of the 27 policies in the Consultation Draft, 23 policies were retained with amendments and included in the Deposit Draft version of the Local Plan. The deleted policies relate to Sunday, Public and Bank Holiday opening of waste disposal sites; special wastes; waste transfer stations and scrapyards.

1.8 The Deposit Draft Plan was placed on deposit in June 1998 to allow for the statutory period of public consultation. A total of 659 representations were received, which consisted of 605 objections and 54 statements of support. In June 1999, the three Councils published Proposed Changes to the Deposit Draft Plan. These resulted in 584 counter objections and 55 representations of support. The objections and counter objections to the Deposit Plan were considered at a Public Local Inquiry held between 9th November 1999 and 6th March 2000. The Councils produced and circulated in January and February 2000 a further set of "Inquiry Changes" in response to matters raised at the Public Local Inquiry. These elicited further

comments from some objectors and counter objectors, which were taken into consideration by the Public Inquiry Inspector in reaching his conclusions and recommendations. The Inspector’s Report into objections to the Plan was received in October 2000 and has been available for public inspection throughout the Plan Area. The Inspector’s Report was carefully considered and a Statement of Response and Proposed Modifications were placed on deposit during November and December 2001.

1.9 A total of 135 modifications were proposed, and these produced a further 27 objections and 3 representations of support. Consideration of the objections led to a further 8 changes to the Plan. These were of a minor nature and did not materially affect the Plan. Consequently, notice of intention to adopt the Plan was publicised and the three Councils finally adopted the Plan on 2nd September 2002. The Plan came into operation on 11th September 2002.

1.10 The original EC Framework Directive on Waste (75/442/EEC) as amended by 91/156/EEC and 91/692/EEC set out a number of objectives to guide local planning authorities in the preparation of development plans. The policies contained in this Plan have had regard to these objectives. The objectives in Article 3 of the Directive deal with the need to minimise waste as far as possible, and to encourage materials recycling and energy recovery. The objectives in Article 4 deal with the need to protect the environment and human health, and should be considered in the light of the impact of waste management development on land use and amenity of the area. Member states are also required to become self sufficient in waste disposal. The objectives in Article 5 relate to the establishment of an integrated network of disposal installations, which will enable self-sufficiency at both national and EC level, for disposal by suitable means in accordance with the proximity principle which is discussed in more detail below.

1.11 Council Directive 1999/31/EC on the landfill of waste (known as the Landfill Directive) was agreed in Europe at Council on 26th April 1999 and came into force in the EU on 16th July 1999. The Directive aims to harmonise controls on the landfill of waste throughout the EU, and its main focus is on common standards for the design, operation and aftercare of landfill sites. It also aims to reduce the amount of methane emitted from landfill sites. With this aim in mind, the Directive sets three progressive targets for Member States to reduce the amount of their biodegradable waste going to landfill. These targets are now embodied in the Government's National Waste Strategy and appear in the first part of paragraph 1.15 below. The targets for the reduction of biodegradable municipal waste going to landfill are only part of the Landfill Directive. Other key changes include:

1.12 The Directive would make provision for the reduction in the landfilling of biodegradable waste in stages up to the year 2010, and ensure that the gases produced in new as well as existing landfills are collected, treated and used.

1.13 Under the Directive, it is proposed that the following types of waste could not be disposed of at landfills: liquid waste; flammable or highly flammable waste; explosive or oxidising waste; infectious hospital or clinical waste and used tyres. There would be a new requirement for waste to be treated before it is landfilled. The purpose of this treatment would be to reduce the volume or hazardous nature of the waste and thus to facilitate its handling and enhance recovery.

1.14 In December 1995 a White Paper on waste was issued, "Making Waste Work", which sets out the Government’s strategy for the management of waste. In June 1998 the Government issued "Less Waste More Value" as a consultation paper on its waste strategy for England and Wales. In June 1999 the Government published its draft waste strategy, "A Way With Waste", and in May 2000 its "National Waste Strategy" (NWS).

1.15 The NWS, having regard to the Landfill Directive 99/31/EC, sets targets for the reduction of biodegradable municipal waste to be sent to landfill. The targets are:

The NWS goes on to set targets for the recovery of value from municipal waste, as follows:

The NWS states that an essential part of achieving municipal waste recovery is the drive towards more household recycling and composting. It sets the following targets:

In terms of industrial and commercial waste the NWS sets the following target:

By 2005 to reduce the amount of industrial and commercial waste sent to landfill to 85% of that landfilled in 1998.

1.16 Subject to the Best Practicable Environmental Option (B.P.E.O.) in each case, waste management development should be based on a hierarchy in which the order of preference is:

(i) Reduction in waste production;

(ii) Re-Use – Putting objects back into use so that they do not enter the waste stream.

(iii) Recovery by Recycling, Composing and Energy

Recycling and composting should be considered before recovery of energy from waste.

(iv) Disposal.

1.17 The NWS confirms that Waste Planning Authorities (WPAs) are responsible for identifying suitable sites for waste treatment or disposal installations. The Government looks to WPAs to take full account of the policies in the Strategy, including, amongst other things:

The Strategy also looks to WPAs to:

1.18 PPG 10 was published in September 1999 and provides guidance on waste planning. The guidance note provides advice on how the land use planning system should contribute to sustainable waste management through the provision of the required waste management facilities and explains how this is regulated under the statutory planning and waste management systems. The guidance sets out the four principles on which the Government wishes to see future waste management decisions based, namely:

i. consideration of BPEO for each waste stream;
ii. regional self-sufficiency;
iii. the proximity principle; and
iv. a waste hierarchy.

WPAs cannot properly consider the needs of their own area in isolation, because waste management solutions, in accordance with BPEO principles, may sometimes need to cross WPA or regional boundaries. The Government, therefore, wishes to see the setting up of Regional Technical Advisory Bodies (RTAB’s). These should advise the existing Regional Planning Bodies. They would assemble the relevant data and provide advice and options and strategies for dealing with waste that needs to be managed within each region. Further information on the composition, role and responsibilities of these bodies is in PPG 10 Annexe B. The East Midlands RTAB will have an evolving role in co-ordinating waste planning throughout the region.

The NWS for England and Wales describes the Government’s vision for managing waste and resources better. It sets out the changes needed to deliver more sustainable development. The key theme throughout the strategy is to reduce the amount of waste sent to landfill.

1.19 Regional Planning Guidance for the East Midlands region (RPG8) was issued in January 2002. In the East Midlands region over 70% of wastes generated are disposed of by landfill and it is expected that waste disposal by landfill will continue to be a significant component of waste management within the region. Policy 55 of RPG8 covers Waste Recycling and Reduction and looks to WPAs to adopt NWS recycling and reduction targets, and for development plans to take an integrated approach to waste management, make realistic assessments of the number, type and siting of future treatment facilities, avoid excess landfill provision, make use of rail transport where possible, and require major developments to undertake an audit of waste arisings.

1.20 The Structure Plan is a statutory document which sets out the broad framework for development in the Plan Area to 2006. The plan was adopted by Leicestershire County Council on 11th January 1994. The policies of the Structure Plan remain in force throughout the Plan Area until replaced or altered. The Consultation Draft of the Leicestershire, Leicester and Rutland Structure Plan 1991-2011 was published for consultation in September 1998. Following consultation the three Councils placed on deposit a Deposit Draft version of the plan in May 2000. An Examination in Public of the Plan was held between June and July 2001. Proposed Modifications were published in June 2002.

1.21 The Leicestershire Minerals Local Plan Review (MLP) was adopted in June 1995, and covers the extraction of all minerals. Policy 13 of the MLP contains guidance on assessing proposals for the winning and working of minerals which involve the disposal of waste materials. Policy 13 of the MLP provides interim guidance pending the adoption of the Waste Local Plan.

1.22 District-wide local plans which are the responsibility of the seven District Councils in Leicestershire, and unitary development plans which are the responsibility of Rutland and Leicester Councils, have either been adopted or are in the course of preparation. All contain policies about their local environment and some have addressed local waste issues. Where appropriate, these policies will be material to the consideration of proposals for certain waste management development.

1.23 Waste can generally be defined as anything that is surplus, being broken, worn out, contaminated or spoiled. Planning legislation does not contain a definition of waste. For the purpose of waste management the definitions within European and UK law are taken. The more important definition of waste comes from the EC Framework Directive which implies that material constitutes waste where the holder has an intention to discard the material as no longer part of the normal commercial cycle or ‘chain of utility’.

1.24 Once defined, waste can be further subdivided and categorised into either controlled or uncontrolled waste. Controlled waste defined in the Environmental Protection Act 1990 is strictly regulated by means of a Waste Management Licence. Not all activities involving the treatment, storage or disposal of controlled waste will require a Waste Management Licence. Certain activities are exempt from the need to hold a Waste Management Licence, as set out in the Waste Management Licensing Regulations 1994. The exempt establishments and undertakings must be registered with the Environment Agency or other competent authorities as appropriate.

1.25 Whether the development is exempt does not in any way affect the powers of the WPA, and operators are advised to contact their local WPA as to whether planning permission is required for activities that are exempt from a Waste Management Licence.

1.26 The Plan is primarily concerned with the management of controlled waste, although the policies contained in the Plan will also be applicable to uncontrolled waste types such as recycled aggregates.

1.27 Most waste facilities require planning permission. Leicester and Rutland as unitary authorities deal with all waste management development. In Leicestershire, the Town and County Planning (Prescription of County Matters) Regulations 1980 defines when waste development is a "county matter". PPG 10 gives guidance on the interpretation of these Regulations. To assist further, definitions of different types of waste development have been included in Appendix C of the Plan to assist in the interpretation of what is a "county matter".