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Agenda Item No

The Vale of Glamorgan Council

Cabinet Meeting: 3 June 2013

Report of the Cabinet Member for Regeneration, Innovation, Planning and Transportation

Welsh Government Consultation:

Planning for Waste - Revision to Chapter 12 of Planning Policy Wales and Technical Advice Note 21

Purpose of the Report

1. The purpose of the report is to advise Cabinet of the Welsh Government’s recent consultation on ‘Planning for Waste – Revision to Chapter 12 of Planning Policy Wales and Technical Advice Note 21 (Waste)’ and to seek approval of the report as the Council’s formal response to the consultation.

Recommendations

1. That subject to consideration by Cabinet, this report is endorsed as the Council’s formal response to the Welsh Government consultation on ‘Planning for Waste – Revision to Chapter 12 of Planning Policy Wales and Technical Advice Note 21 (Waste)’.

2. That the report be referred to Planning Committee and Economy and Environment Scrutiny Committee for information.

Reasons for the Recommendations

1. To allow the Council to respond to the consultation on ‘Planning for Waste – Revision to Chapter 12 of Planning Policy Wales and Technical Advice Note 21 (Waste)’.

2. To advise Planning Committee and the Economy and Environment Scrutiny Committee of the recent public consultation.

Background

2. Planning Policy Wales (PPW) sets the context for sustainable land use planning policy within which Local authorities' statutory Local Development Plans (LDPs) are prepared and development control decisions on individual planning applications and appeals are made. PPW is supplemented by a suite of topic based Technical Advice Notes (TANs) and procedural guidance is contained within circulars and policy clarification letters. It is important that planning policy continues to evolve to accommodate changing circumstances. Accordingly, the Welsh Government (WG) continually monitors PPW and the TANs in relation to their objectives for Wales and when necessary, publishes updated national planning guidance.

3. PPW Chapter 12 provides national planning policy guidance on the development of infrastructure and services. This guidance includes national objectives and policies to assist in the reduction and management of waste.

4. TANs are supporting documents to PPW providing more detailed advice on national planning policy for the given topic. TAN 21 (Waste) was published in November 2001. Its scope ‘is intended to facilitate the introduction of a comprehensive, integrated and sustainable land use planning framework for waste management in Wales.’

Relevant Issues and Options

5. The consultation document explains that both planning policy and technical advice must reflect the changes made by the EU’s revised Waste Framework Directive (rWFD) in terms of the priority order of waste management (the “waste hierarchy”) and the new policies, priorities and targets for waste set out in ‘Towards Zero Waste’ and the suite of Sector Plans that help deliver it. ‘Consideration therefore, needs to be given to how planning policy can reflect and interact with these new waste policy drivers in a way that delivers these objectives whilst ensuring compliance with European obligations’.

6. The planning system is a devolved area and therefore it is essential that it aligns with policy areas including waste to support the delivery of objectives through planning and the identification of suitable sites. The draft TAN 21 document explains the interactions between the National Waste Strategy, particularly the Collections, Infrastructure and Markets (CIM) Sector Plan, Planning Policy Wales and the Regional Waste Plan. The WG are also proposing to revise the principles of PPW in relation to development control and the reduction and management of waste, which is currently set out in PPW Chapter 12, paragraphs 12.5-12.7.

7. The main proposed changes are as follows:

  • Acknowledging that waste policy targets and drivers have evolved and consequently the Regional Waste Plans, which are based upon land take, are now outdated and should be revoked.
  • Introducing a requirement for data collection, monitoring, and annual reports. These can be used as evidence to support development plans and planning decisions.
  • Introducing a requirement to keep a minimum amount of landfill capacity in each region (North, South West & South East) relative to a trigger point (the level for this trigger point is part of this consultation). Hitting the trigger will result in a site search and selection process to identify suitable locations for landfill.
  • Updating policy direction to enable waste facilities to move up the waste hierarchy through the introduction of a Waste Planning Assessment (WPA).

    8. The consultation document requires responses regarding the following points;

     

    1. Do you agree that the draft planning policy (PPW & TAN21), as proposed, make clear how planning policy interacts with the waste objectives, priorities and targets?

     

    2a. Do you agree that the draft planning policy, as proposed, will be effective in identifying suitable locations for mixed municipal waste disposal and recovery operations?

     

    2b. Do you agree that the draft planning policy, as proposed, will be effective in facilitating the delivery of an adequate and integrated network of mixed municipal waste infrastructure?

     

    3. Do you agree that the revised TAN21 provides clear guidance on how local planning authorities can consider the provision of all types of waste infrastructure and facilities in a period in which the capture and management of waste is evolving?

     

    4a. Do you agree with the proposal to retain a minimum level of landfill capacity and void in each region (N, SW & SE) relative to a specified trigger point?

     

    4b. Do you agree that this trigger should be based upon a number of years of void space? If not what should be used instead?

     

    4c. how many years [6, 8, or 10] of void space capacity do you consider to be the most appropriate trigger point?

     

    5. Do you agree with the proposals on the production of Annual Monitoring Reports to be produced by Local Planning Authorities in conjunction with Natural Resources Wales?

     

    6. Do you agree that the Waste Planning Assessment will assist Local Planning Authorities to identify how the proposed development will contribute towards meeting Wales’ objectives for waste, as set out in the Revised Waste Framework Directive, Towards Zero Waste, and the CIM Sector Plan?

     

    7. What further guidance, if any, would you like to see in the draft planning policy, as proposed?

     

    The proposed response to the consultation is at Appendix A.

    Resource Implications (Financial and Employment)

    9. Whilst there is no resource implications imposed at this stage, there could be an increased requirement in resources as a result of the need to produce annual monitoring reports This is likely to add to existing workloads within the Development Services Directorate.

    Sustainability and Climate Change Implications

    10. The proposed changes to PPW and TAN 21 (Waste) will help to realise the Welsh Government’s ‘Towards Zero Waste’ objectives which will have a level of sustainable benefits, primarily environmental.

    Legal Implications (to Include Human Rights Implications)

    11. Once formalised, the updated Planning Policy Wales and the new TAN 21 (Waste) will inform Local Planning Authorities in the preparation of its Local Development Plan, supplementary planning guidance and development briefs. It will also be a material consideration in the determination of planning applications and appeals.

    Crime and Disorder Implications

    12. None at this stage

    Equal Opportunities Implications (to include Welsh Language issues)

    13. None at this stage

    Corporate/Service Objectives

    14. Corporate objective ‘E1’ states that the Council will ‘Work with a range of partners to provide appropriate residual waste and recycling collection treatment and disposal services and achieve the national recycling target of 58%. (2015/16)’

    15. The proposed changes to PPW and TAN 21 (Waste) will assist the Council in meeting its objectives by providing a positive effect on the Council’s Corporate Plan (2013-2017) core value of ‘promoting sustainability’ by reducing negative environmental impacts and helping the Vale’s citizens to live further within environmental limits.

    Policy Framework and Budget

    16. This report is a matter for Executive decision.

    Consultation (including Ward Member Consultation)

    17. No ward Member consultation has been undertaken as the report has implications for the Vale of Glamorgan as a whole rather than specific wards.

    Relevant Scrutiny Committee

    18. Economy and Environment

    Background Papers

    Planning Policy Wales 5th Edition (November 2012)

    Technical Advice Note 21 – Waste (2001)

    Contact Officer

    Daniel Mohamed – Tel: 01446 704 610

    Officers Consulted

    Operational Manager Legal - Committee Reports

    Senior Accountant

    Operational Manager Development Management and Building Services

    Operational Manager Director's Office - Visible and Housing Services

    Responsible Officer:

    Rob Thomas - Director of Development Service

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