CHAPTER 3

3.1 All waste management development has the potential to impact on the environment because of the nature of the waste processes themselves, and the scale and long term consequences of the deposit of waste material. It is important that these impacts should be identified and examined before a decision is taken. The early provision of appropriate information will reduce delay and enable a clear understanding to be gained by all concerned of what is proposed and its likely impact. Policy WLP 6 itemises those matters that should be submitted where appropriate in support of applications for waste management development. The items identified in Policy WLP6 are not necessarily exhaustive nor will all items apply to every development. Precisely what information is required will emerge from pre-application discussions with the WPA. Applicants are encouraged to enter into pre-application discussions with the WPA to agree the information requirements that should be submitted in support of the application. Certain types and scale of waste proposals will require an Environmental Impact Assessment to be carried out and the submission of an Environmental Statement (ES) with the application. The Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 and the accompanying Department of the Environment, Transport and the Regions Circular 02/99 set out the circumstances when planning applications will be required to be accompanied by an ES. The information contained in the ES will be taken into account when the Councils determine such proposals.

(xxviii) information on the existence of mineral reserves sterilised by the proposal;

3.2 Waste management development can have a considerable impact on the environment and it is important that these impacts are thoroughly assessed and examined, including taking into account any accompanying ES before a decision is taken. Section 54A of the 1990 Act requires any planning application or appeal to be determined in accordance with the development plan unless material considerations indicate otherwise. The three Councils may consider permitting applications for waste management proposals which are not in accordance with the policies in the Plan where there are other material considerations. Such applications will be judged on their individual merits. PPG10 and PPG 23 contain guidance on material planning considerations to be taken into account on planning applications for developments that may give rise to pollution, including waste management development. These matters include detail on proximity to other development, landscape, agricultural quality, nature conservation, environmental benefits, traffic, visual impact, nuisance issues such as noise, dust and smell including reference to national and local air quality standards and other effects of the proposal that are relevant to the planning decision. Policy WLP 7 below sets out a list of factors that will be taken into account in assessing all waste management proposals.

3.3 Policy WLP 8 indicates instances where new waste management facilities will not be permitted by virtue of the impact on environmentally sensitive areas which include the best and most versatile agricultural land, areas of local landscape value, important woodland, water resources, areas of particular scientific interest, scheduled ancient monuments and other nationally and internationally important archaeological sites, locations where the road system is inadequate, residential areas, recreational areas and public rights of way.

3.4 Policy WLP 8 elaborates on Minerals and Waste Disposal Policy 2 of the Structure Plan, which states:

"Where development would cause demonstrable harm to interests of acknowledged importance, planning permission will normally only be granted where the need for the development is sufficient to justify its environmental impact."

3.5 Landfill development does provide opportunities for the restoration of exhausted mineral workings and provides a means of returning these sites back to beneficial use. In the case of landraise operations, opportunities may arise for waste disposal provided it can be designed to blend in with the surrounding landscape. The nature and type of waste materials deposited at landfill and landraise development and their effect on site stability has potential implications and limitations on the after-uses, which could be developed at those sites following the completion of waste

disposal operations. Pollution control requirements such as gas extraction systems that are required to be operational long after the waste disposal operation is completed could inhibit the potential after-uses of the waste disposal site and could also impact on any adjoining land use.

3.6 It is the policy of the Structure Plan to protect the best and most versatile agricultural land (Environment Policy 6). The Government’s policy, as set out in Planning Policy Guidance Note 7 "The Countryside and the Rural Economy" revised in February 1997, is that the best and most versatile agricultural land should be protected as a national resource for future generations and that considerable weight should be given to protecting such land against irreversible development because of its special importance. The loss of the best and most versatile agricultural land is regarded as irreversible if it is not considered feasible to achieve a high standard of restoration in order to return the land to a state as close as possible to its original quality. In practical terms, the requirement is that the physical characteristics of the land are restored, so far as it is practicable to do so, to what they were when it was last used for agriculture. Land which is the best and most versatile agricultural land defined as land in Grades 1, 2 and 3A should only be developed exceptionally. For example, if there is an overriding need for the development and either sufficient land in lower grades is unavailable, or has an environmental value, recognised by a statutory landscape, wildlife, historic or archaeological designation which outweighs the agricultural considerations.

3.7 Circular No. 2/92 Safeguarding Aerodromes recognises that local planning authorities should consult either the Civil Aviation Authority (CAA) or Ministry of Defence (MOD), as appropriate, before granting planning permission for any development which might endanger the safety of aircraft by attracting large numbers of birds. Such developments include all facilities for the handling, compaction, treatment and disposal of household, commercial and industrial wastes.

3.8 In the policy of the Structure Plan to safeguard mineral reserves (Minerals and Waste Disposal Policy 4), planning permission will not normally be granted for development which could sterilise important, economically workable deposits of minerals.

3.9 It is the policy of the Structure Plan to protect Areas of Particularly Attractive Countryside and other Areas of Local Landscape Value (Strategy Policies 3 and 4) and ancient woodland (Environment Policy 10). The key diagram of the Structure Plan identifies large areas of the Plan Area as being Areas of Particularly Attractive Countryside. Boundaries of the Areas of Local Landscape Value are defined in District Local Plans. Such areas represent the most significant and important landscape areas within the Plan Area and are therefore worthy of special protection to ensure that their value is protected for future generations. All new development proposals within these areas will be subject to a stricter test to ensure that there is no adverse effect on the character of the area.

3.10 With an average tree cover of 3%, most parts of the Plan Area are deficient in woodland and existing woods, particularly ancient woodland, are in need of protection. Woods form a vital element in the landscape and can be important for their amenity, recreational and commercial value, as well as for ecology.

3.11 The Environment Agency has a duty under the Water Resources Act 1991 to monitor and protect the quality of groundwater and to conserve its use for water resources. It also has a duty to maintain and, where appropriate, enhance conservation of the surface water environment. The Environment Agency has completed a programme of mapping groundwater vulnerability in terms of geology and soils to assist in the preparation of development plans and to increase general public awareness of the location of groundwater resources at risk.

3.12 The Structure Plan includes policies to protect sites of ecological and geological interest (Environment Policies 7 and 8). PPG 9 (Nature Conservation) dated October 1994 gives guidance on how the Government’s policies for the conservation of the natural heritage are to be reflected in land use planning. It states that nature conservation can be a significant material consideration in determining many planning applications. However, local planning authorities should not refuse permission if development can be subject to conditions that will prevent damaging impacts on wildlife habitats or important physical features, or if other material factors are sufficient to override nature conservation interests. The three Councils will expect applicants to design their proposals in such a way as to keep harm to nature conservation interests to a minimum. Where adverse effects cannot be avoided or mitigated, applicants may be required to make provision for the creation of new habitats or the enhancement of existing habitats by way of compensation.

3.13 It is the policy of the Structure Plan to protect sites of historic, architectural or archaeological importance (Environment Policy 2). There are a number of important sites of architectural, historical and archaeological interest within the Plan Area. PPG 16 ("Archaeology and Planning") sets out the Government’s policy on archaeological remains on land and how they should be preserved or recorded. It emphasises that care must be taken to ensure that archaeological remains are not needlessly or thoughtlessly destroyed. PPG 16 underlines the importance of identifying as early as possible the likely presence and importance of any archaeological sites liable to be affected by proposed development. This should involve early consultation with the local archaeological sites and monuments records. The three Councils may require applicants to make provision for the proper evaluation of the archaeological implications of proposed development in advance of the determination of a planning application.

3.14 The primary objective of the integrated waste management strategy is, firstly, to minimise the amount of waste generated, secondly, to re-use or recover materials and energy from waste and finally to safely dispose of the residue by landfill. This shift in emphasis away from the need for waste disposal towards an increase in the proportion of waste managed by options towards the top of the hierarchy is a trend likely to continue in the future. To consolidate this trend the Government has recently introduced the Landfill Tax to help ensure that waste management options bear their full environmental costs. Waste management companies are asked, when submitting planning applications for landfill and landraise, to consider opportunities that contribute, where appropriate, to the potential recovery of materials and energy in reducing the amount of waste finally disposed.

3.15 Public open space and sports grounds are essential elements of the urban and rural structure with positive community roles. The effect of the loss of recreational land would be to reduce or to keep existing or potential community recreation provision below acceptable levels. It is the policy of the Structure Plan to protect land or buildings in recreational use (Leisure Policy 3). Environment Policy 12 of the

Structure Plan indicates that for proposals in the National Forest, development which involve new buildings, significant structures or other operations, will be required to be accompanied by proposals for creating an appropriate woodland setting.

3.16 It is important to ensure that existing open spaces and green areas as designated or defined in the Development Plan (Structure Plan, UDPs and Local Plans) within built up areas are protected from the adverse effect of development unless there is an overriding need. These open spaces and green areas may provide visual and wildlife corridors or wildlife stepping stones between habitats. This protection should be applied equally to privately owned land and land owned by local authorities and other public bodies.

3.17 The rights of way network is the single most important means by which the public can enjoy the countryside. It is the policy of the Structure Plan to safeguard existing rights of way or ensure that adequate alternative arrangements are made (Leisure Policy 6). Where waste management operations affect existing rights of way, adequate arrangements should be made for their continued use both during and after waste management operations either by means of existing or diverted routes. Operations will not be allowed to affect any existing public right of way until the necessary legal sanction for its diversion or stopping up has first been obtained.

3.18 The specific impacts on local residential amenity associated with waste management development include traffic, visual impact, noise, dust, odours, gulls, emissions and air quality. Neighbouring farmland can also be affected by operations from waste management sites. Those factors will need to be taken into account by the three Councils in their consideration of any planning application. There may be cases where the specific impacts, either singly or together, add up to such a severe effect on the environment and on the quality of life for the locality that the three Councils will conclude that planning permission should not be given.

3.19 The Structure Plan includes a policy which has identified the Leicester Inner Area and the former coalfield areas of North West Leicestershire as Priority Areas for regeneration and redevelopment (Strategy Policy 7). Certain waste management development could have a significant effect on the environment and on the quality of life for the locality and this may be considered unacceptable where the development involves waste disposal operations over a number of years within a particular area. In Priority Areas, measures will be taken to alleviate the concentration of economic, environmental and other problems by giving emphasis to releasing sites for housing and employment: improving infra-structure, including transport, restoration and re-use of derelict land, more effective use of vacant and underused land, improvement of the general environment and development of recreation and tourist-related uses. In considering new waste management facilities in the ‘Priority Areas’, the three Councils will look to secure economic benefits to assist in the regeneration of disturbed land. As well as specific impacts, cumulative effects of a waste management development may be unacceptable, where the introduction of an additional development is proposed within an area already suffering the effects of various mineral and waste management developments.

3.20 It is the policy of the Structure Plan not to allow development where there is insufficient capacity on the road system (Transport Policy 4). The bulk of movements to and from waste management operations are by road. Such traffic may have a considerable impact on local amenity, creating problems of public safety and inconvenience, noise and vibration, air pollution and visual intrusion. These problems are most severe where lorries use minor roads unsuited to their weight and size, where they pass through residential areas, and at the point of access to the site from public highways. It would not be desirable to allow proposals which could exacerbate any existing problems or create unacceptable new impacts. Transferring some or all of the traffic to transport modes that do not utilise the local road network might reduce the effects of road transportation. Under the Railways Act 1993, Freight Facilities Grants may be available from the Department of Transport towards capital costs to be incurred by contractors in providing facilities to enable the transport of waste by rail or water. Grant is payable if the waste would otherwise be carried by road. The following policy encourages the use of rail, canal and pipeline as a means of transportation rather than the use of roads where appropriate:

3.21 The effects of road transportation might be reduced if improvements to the road system are implemented, either by agreements over the routes that lorries should take and/or by placing weight restrictions. Traffic could thereby be routed away from residential areas or unsatisfactory roads onto preferred routes. Policy WLP 10 below accords with the Structure Plan’s Transport Policy 10 in respect of heavy lorries:

3.22 Policy WLP 11 sets out measures to control the environmental effects of waste management operations through the imposition of suitable planning conditions. Circular 11/95 gives clear guidance to planning authorities upon the imposition of planning conditions. PPG 23 indicates hat planning authorities should not seek to control through planning conditions matters that are the proper concern of the pollution control authority. Annexes 1 to 3 of PPG 23 and Annex A of PPG10 set out the scope and purposes of conditions that can be imposed by pollution control authorities. The former pollution control authorities have now been integrated into the Environment Agency which was established in April 1996 to protect and enhance the wider environment in line with the Government’s overall commitment to sustainability. In pursuance of this commitment, the Agency is specifically responsible for regulating and managing the treating, keeping, movement and disposal of controlled waste. It is important to ensure that a close working relationship exists between the three Councils and the Agency on waste management proposals to prevent a duplication of controls. In order to achieve this the :

(a) Agency will be consulted on all planning applications involving waste management prior to determination;

(b) The three Councils will be consulted on all Waste Management licence applications.

(c) Applicants will be encouraged to submit an application for a Waste Management licence at the same time as a planning application, in cases where both of these are required.

Unless there are clear land-use planning reasons, conditions will not be imposed if the Waste Planning Authority is satisfied that appropriate controls exist under other legislation to properly address the particular matter under consideration.

It will also be important to ensure that in Leicestershire, a close working relationship exists between the County Council and the District Councils to ensure that any sensitive development does not encroach too close to existing waste disposal sites or land allocated for future waste management purposes.

Conditions will be imposed on waste management proposals in respect of matters set out below in WLP 11.

3.23 Section 106 of the 1990 Act (as substituted by Section 12 of the Planning and Compensation Act 1991) provides that a local planning authority may seek to enter into an agreement (planning obligation) with any person with an interest in land in their area for the purpose of restricting or regulating the development or use of the land. A planning applicant can also offer to enter into a voluntary agreement via a unilateral undertaking. Such agreements can usefully cover matters that cannot otherwise be adequately dealt with by the normal use of conditions attached to a planning permission. DoE Circular 1/97 accepts that planning obligations may enhance the quality of development and enable proposals to go ahead which might otherwise be refused. The tests to apply for their use are that they should be necessary, relevant to planning, directly related to the proposed development, fairly and reasonably related in scale and kind to the proposed development and reasonable in all other respects. WLP 12 includes those matters which may, where appropriate, be covered by a legal agreement although this list is not exhaustive.

3.24 The County Council has set up a number of liaison committees in respect of particular mineral and waste management operations. They have been most successful as a forum for discussion between operators, the County Council and representatives of the local community (usually District and Parish Councillors). The opportunity will be taken to set up further liaison committees where appropriate. Their success however depends upon the full and active co-operation of the industry.

3.25 Minerals and Waste Disposal Policy 3 of the Structure Plan states:

3.26 Policy WLP 13 sets out the matters in respect of which conditions will be imposed to ensure satisfactory restoration of waste management development. In order that steps towards successful after-use are incorporated in waste management development, detailed restoration schemes should normally be drawn up as early as possible as part of the full supporting statement accompanying the planning application (in accordance with Policy WLP 6).

3.27 High standards of restoration, which support productive grassland, agriculture or arable cropping, are feasible on landfill sites. In order to achieve this, topsoil and subsoil in sufficient quantities are required. In the past there have been several examples of landfill sites reaching the latter stages of operation with insufficient soils available to achieve a satisfactory restoration which has resulted in a ‘green cover’ remaining which is incapable of supporting a viable agricultural use. In landfill sites, where insufficient soils exist on site to achieve a satisfactory restoration, the three Councils will require the applicant to make provision to ensure

that sufficient soils or soil making material are available to satisfactorily restore the site. Such provision could include the products from composting or recycling operations.

3.28 The three Councils will encourage alternatives to agricultural restoration at landfill sites where opportunities arise as set out in Waste Management Paper 26E "Landfill Restoration And Post-Closure Management" which advises that tree planting may be an appropriate after-use on landfill sites under certain circumstances. Currently research indicates that there are possible measures which can enable successful tree planting on some capped landfill sites where there is no requirement to safeguard high quality agricultural land. The report of the Forestry Authority: "The Potential For Woodland Establishment On Landfill Sites" concluded that the potential for woodland establishment on landfill sites is much greater than had previously been thought. Consultation with the Environment Agency is needed to ensure that the design of the pollution control system is compatible with restoration requirements. The aftercare scheme required under the planning permission is separate to the environmental aftercare required under the waste management licensing regime, which is a matter for consideration, by the Environment Agency.

3.29 The intended after-use whether agriculture, amenity or forestry should normally be part of the planning application for a landfill site. Amenity after-use may include open grassland for informal recreation, basic preparation for more formal sports or leisure facilities, amenity woodland, landscaping and nature conservation. Any other after uses, such as built development, would require a separate planning permission.

3.30 Planning conditions for the reclamation of proposed landfill sites should be drawn up with a particular after-use in mind, although for a long duration site there may be a need for a provision to review the objectives in the light of changing policies and techniques, and of operational experience. In order that steps towards successful aftercare are incorporated in the management of waste management facilities, detailed restoration schemes should be drawn up as early as possible as part of the full supporting statement accompanying the planning application. It is recognised however, that it may be more appropriate to submit fully detailed restoration, aftercare and after-use proposals as later stages of the development are reached. This will enable the consideration of such schemes in the light of the most up to date circumstances of the site and the latest waste management techniques available at that time. There is nevertheless a need to establish restoration principles at the planning application stage. The choice of after-use may be influenced by a number of factors including: the present characteristics of the site; wishes of the landowner and requirements of any leases or covenants; planning policies and any appropriate strategies for the area (e.g. National Forest Strategy); the nature and scale of the landfill proposals, including proposed systems for gas and leachate control and capping; statutory advice from MAFF or the Forestry Authority and advice from the Environment Agency.

3.31 Minerals and Waste Disposal Policy 3 of the Structure Plan states:

3.32 Environment Policy 10 of the Structure Plan seeks to increase the woodland cover of the Plan Area. Forestry uses will be particularly appropriate within the area of the National Forest. Environment Policy 12 of the Structure Plan indicates that special provision will be made for the planting of woodlands with public access within the National Forest. Amenity or forestry after-use may be appropriate on the best and most versatile agricultural land if the methods in use, restoration and aftercare enable it to retain its longer term potential as an agricultural resource. Additional grant payment in connection with the planting of woodlands is available from the Forestry Authority where public access is to be allowed.

3.33 There is a shortfall of water areas for recreational activities within the Plan Area. Water recreation areas can be created as the permanent use of appropriately sited restored land following waste management working. Some water areas resulting from the restoration of waste management development may have the potential to be linked to nearby navigable waterways in appropriate circumstances. It is the policy of the Structure Plan to give positive consideration to proposals for new areas of water recreation use (Leisure Policy 7).

3.34 The extraction of minerals and associated waste management development can provide opportunities to create new types of wildlife habitat. With the continued loss of wetlands in Britain, newly created areas of open water and other wetland habitats (such as reedbed, marshland and wet grassland) as a result of mineral extraction have become increasingly important in nature conservation terms as habitats for wildlife and may require protection from backfilling operations. Environment Policy 7 of the Structure Plan states that consideration will be given to the creation of new ecological sites as a part of new developments.

3.35 Leicestershire County Council and Leicester City Council have contributed to the preparation of the Biodiversity Action Plan for Leicester, Leicestershire and Rutland. This plan proposes clear steps for the achievement of wildlife conservation and amenity after-use. The proposed after-use of waste management development should consider the objectives of the Biodiversity Action Plan in the preparation of proposals.

3.36 It is the policy of the Structure Plan to give positive consideration to proposals for recreational development (Leisure Policy 1). Leisure Policy 6 of the Structure Plan states that advantage will be taken of opportunities presented by development schemes to secure improved access into the countryside.

3.37 Policy WLP 14 set out below reflects the above Structure Plan policies: