10. Waste Management

10.1.

INTRODUCTION

Civic amenities site
10.1.1.

The creation of waste is an inevitable consequence of industrial, commercial and domestic activities, and its management has a critical part to play in moving towards sustainable development, in terms of both reducing our demands on scarce resources, and of minimising the environmental impact of its treatment or disposal. Everyone must play a part in this, either through its minimisation, reuse, recycling, or by treating or disposing of it safely and without harm to the environment. 

10.1.2.

The Council has the responsibility for the management, collection and disposal of waste and has a duty to prepare a Municipal Waste Management Strategy for the Vale. It is the role of the Unitary Development Plan to provide the land use policy framework for implementing this strategy within the context of National and Regional guidance for waste management. 

10.2.

EUROPEAN LEGISLATION

10.2.1.

United Kingdom waste policy has been increasingly influenced by European Union (EU) legislation since the publication of the Directive on Waste 75/442/EEC, as amended by 91/156/EEC and 91/692/EEC. When drawing up plans, local planning authorities must have regard to the objectives of Article 3 (the need to minimise waste and to encourage recycling and energy recovery). Article 4 (the need to protect the environment and humans from potentially polluting development) and
Article 5 (the need to set up an integrated network of disposal installations to facilitate self-sufficiency in accordance with the Proximity Principle) of the Directive. the Landfill Directive 99/31/EEC is another significant element of EU legislation. It came into force in July 1999 and is now incorporated into UK legislation. The Directive seeks to impose stringent operational and technical requirements on the landfilling of waste and will have far reaching implications for waste management planning. These implications include:

  1. The banning of co-disposal and requirements for sites to elect to operate as hazardous, non-hazardous or inert. Current information suggests that across the UK the number of sites licensed to accept waste will drop drastically from 2004 and; 
  2. There will be the requirement for waste to be pre-treated prior to landfill from 2004 which will mean a need for more pre-treatment facilities;
  3. The banning of liquids and tyres is likely to result in a need for new facilities; and
  4. Fewer landfills or existing landfills will last longer.
10.2.2.

A key element of EU policy that has become central to the UK's national waste strategy is the development of a waste management hierarchy. This prioritises waste management options with the overall aim of achieving a move up the hierarchy. The hierarchy is split into 4 categories in the following order:

  1. Reduction - by using technology which requires less material in products and less waste in manufacturing and produces longer lasting products with lower pollution potential. 
  2. Reuse - e.g. returnable bottles.
  3. Recovery - e.g. re-cycling, composting.
  4. Disposal - by incineration without energy recovery or by landfill.
10.3.

NATIONAL PLANNING GUIDANCE

10.3.1.

Planning Policy Wales 2002 emphasises the Government's general policy towards waste management, which is based on the waste management hierarchy. Paragraph 12.5.1 highlights the need for local planning authorities to make provision for establishing an integrated and adequate network of waste disposal installations. In addition it reminds planning authorities that in determining applications, they are obliged by the EC Directives, to ensure that waste is recovered or disposed of without:

  • harming the environment;
  • endangering human health;
  • risking water, air, soil, plants or animals,
  • causing a nuisance through noise or odours; or
  • adversely affecting the countryside or places of special interest.
10.3.2.

One of the many recycling centres available to the public throughout the Vale National Planning Guidance also highlights that Local Authorities may pay attention to the wider legislative context of waste management and the Government's “Wise about Waste” Strategy 2002 when preparing development plans. The aim of the Strategy is to encourage a move away from an over-reliance on landfill to more sustainable waste management techniques such as recycling and composting. The following targets have been set:

  • achieve a reduction in waste produced equivalent to at least 5% of the 1998 arisings figure by 2005; and 
  • achieve a reduction in waste produced equivalent to at least 10% of the 1998 arisings figure by 2010.
The Strategy also sets out the following minimum recycling and composting targets for each local authority to deliver:
  • achieve at least 15% recycling / composting of municipal waste with a minimum of 5% composting (with only compost derived from source segregated materials counting) and 5% recycling by 2003/04;
  • achieve at least 25% recycling / composting of municipal waste with a minimum of 10% composting (with only compost derived from source segregated materials counting) and 10% recycling by 2006/07;
  • achieve at least 40% recycling / composting with a minimum of 15% composting (with only
    compost derived from source segregated materials counting) and 15% recycling by 2009/10 and beyond.
10.3.3.

Planning Policy Wales Technical Advice Note (TAN) 21 Waste (2001) also provides advice on how the land use planning system should contribute to sustainable waste resource management. Moreover, it provides advice to Local Authorities on their responsibilities in respect of various European Directives on waste. It emphasises the importance of regional self-sufficiency and the “proximity principle”, under which waste should be handled close to the point at which it is generated. 

10.4.

REGIONAL WASTE PLAN

10.4.1.

One of the key requirements of TAN 21 is for local authorities in Wales to establish joint arrangements, on a regional basis, for determining the facilities that are likely to be required for the future management of all waste arisings. This has taken the form of a South East Wales Regional Waste Planning Technical Group which has produced, in conjunction with the Welsh Assembly Government, the South East Wales Regional Plan (March 2004). This Plan seeks to ensure that the South East Wales region is, as far as possible, self-sufficient in dealing with its waste arising and has adopted the following regional strategy:

  • Aim to achieve the 2020 Landfill Directive targets by 2013
  • Achieve this principally through the maximising of recycling and composting 
  • Deal with residual waste by Mechanical Biological Treatment (MBT)
  • Choose between either sending the residual waste from MBT to landfill or using it as Refuse Derived Fuel
  • Limit the amount of landfill waste to that which cannot be dealt with acceptably in any other way.
10.4.2.

Both the Welsh Assembly Government's “Wise about Waste” Strategy and the South East Wales Regional Waste Plan have informed the Council's Municipal Waste Management Strategy (August 2004), which establishes how the Council will meet various waste reduction and recycling targets established in these documents. Similarly, the aim of the policies and proposals contained within this
Plan is to facilitate the development of waste management facilities that meet the Council's requirements both locally and regionally. 

10.5.

OBJECTIVES

10.5.1.

For the purposes of guiding future decisions relating to waste disposal, the following objectives are put forward:

  • To ensure that waste disposal is carried out with adequate environmental protection, so that there is no harm to human health, no pollution of the environment and no detriment to the amenities of the locality.
  • To ensure that the waste disposal requirements of the County are adequately catered for within the context of other objectives.
  • To ensure that waste disposal and other types of waste management facilities are considered within a hierarchy of priorities including:
    1. Reduce (the production of waste)
    2. Re-use
    3. Recover (recycling, composting and energy recovery)
    4. Disposal (with minimum environmental impact)
10.6.

POLICIES AND PROPOSALS

10.6.1.

THE PROVISION OF NEW SITES FOR WASTE MANAGEMENT ACTIVITIES

To ensure that the Council contributes successfully towards the targets set by the South East Wales Regional Waste Plan, a study was undertaken to review the options available to the Council for the provision of such infrastructure. This considered the use of existing or future facilities in adjacent authorities and the potential development of individual elements of infrastructure at different locations within the Vale of Glamorgan. This study concludes that the preferred approach is to develop a single 'Waste Resource Park' facility. An area of land at the Atlantic Trading Estate has been identified as the preferred location for the facility. Such a facility would include a range of handling and treatment elements, as follows:

  • Provision of a Materials Recycling Facility (MRF) to receive, handle and bulk up recyclable materials diverted at the kerbside and received at a Household Waste and Recycling Centre (HWRC) and 'Bring Sites'.
  • Development of an 'in-vessel' composting facility for the treatment of kerbside segregated organic materials (including green waste and organic kitchen wastes).
  • Provision of facilities (workshops) for the local reuse and reprocessing of materials segregated from the municipal waste stream.
  • Provision of a Household Waste and Recycling Centre to replace the existing civic amenity site in Sully.
  • Provision of a waste transfer facility for residual waste (i.e. materials that are not segregated for recycling or composting).
Further details of the anticipated capacity of this facility are contained in the Council's Municipal Waste Strategy.
10.6.2.

LANDFILL SITES

The effectiveness of the Landfill Directive, landfill tax and other factors promoting a movement up the waste hierarchy by reducing the amount of waste going to landfill will only become apparent over time. A key element of the Council's waste strategy is the need to divert more waste from landfill by limiting the amount of land available for landfill and by encouraging options higher up the waste hierarchy. However, even waste which has been treated has a residual element that needs to be disposed of and so there will still be a need for waste to be disposed of by landfill.

POLICY WAST 1 - PROVISION OF WASTE MANAGEMENT FACILITIES

PROPOSALS FOR THE PROVISION OF WASTE MANAGEMENT FACILITIES INCLUDING THE HANDLING, TREATMENT AND TRANSFER OF WASTE WILL BE PERMITTED WHERE THEY ARE LOCATED ON:

  1. EXISTING WASTE SITES;
  2. EXISTING AND ALLOCATED B2 AND B8 EMPLOYMENT SITES;
  3. WITHIN OPERATIONAL MINERAL WORKING SITES; OR
  4. IN THE CASE OF GREEN WASTE COMPOSTING AND MANAGEMENT, ON LAND WITHIN OR ADJACENT TO FARM BUILDING COMPLEXES.
PROPOSALS WILL BE CONSIDERED HAVING REGARD TO THE CRITERIA LISTED IN POLICY WAST 2.
10.6.3.

For the foreseeable future. Consequently, with no landfill capacity available within the Vale of Glamorgan, nor any proposals for new sites, it will be necessary for the Council to continue its current arrangement of sharing such facilities in other authorities. However, the Council will continue to contribute in the future work of the South East Wales Regional Waste Technical Group in identifying regional facilities for the sustainable management of residual waste. 

10.6.4.

Facilities for the sorting, processing and treatment of waste normally involve industrial type activities and can generate large numbers of heavy goods vehicle govements. Due to their industrial nature, they are most suited to: locations within specified industrial areas, existing mineral or waste sites, or on sites which are being reclaimed to a beneficial use. Scrap yards are also included in this category of waste handling and again these are best suited to locations within industrial areas. 

10.6.5.

Similarly, composting can cause a potential nuisance, particularly from odour, and should preferably be located away from residential and other sensitive land-uses. Accordingly, such uses may be more appropriately located on industrial sites or other suitable rural locations. In any event, the type and amount of development will need to be strictly controlled. Sites within farm building complexes may be appropriate for green waste composting particularly if they assist in the diversification of the rural economy.

Policy WAST1 identifies sites that the Council considers to be best suited for accommodating future waste management facilities. It is anticipated that these sites will allow for a range of waste management facilities that will assist in meeting the requirements set down by the South East Wales Regional Waste Plan.

10.6.6.

Civic amenities site, SullyWhen considering proposals for any kind of waste management facility, including: treatment / disposal facilities, landfill sites, transfer stations, household waste sites, special waste treatment / disposal facilities, civic amenity and recreation sites, foreshore or derelict land reclamation, there will be two main factors to be taken into account. The proposal must firstly be evaluated in terms of its contribution towards the South East Wales Regional Waste Plan and secondly the extent to which it meets the Council's Municipal Waste Management Strategy, demonstrating that the proposal represents the best practicable environmental option, taking account of the principles of proximity and the waste hierarchy. Guidance, concerning the consideration of applications and the criteria
that will be applied to them, are set out in Policy WAST 2.

POLICY WAST 2 - CRITERIA FOR ASSESSING WASTE MANAGEMENT FACILITIES

SUBJECT TO THE PROVISION OF POLICY WAST 1 PROPOSALS FOR WASTE MANAGEMENT FACILITIES WILL BE PERMITTED IF THE PROPOSAL:

  1. CONFORMS WITH THE PRINCIPLE OF THE WASTE HIERARCHY (REDUCTION, RE-USE, RECOVERY AND SAFE DISPOSAL); THE “PROXIMITY PRINCIPLE”; THE PRINCIPLE OF REGIONAL SELF SUFFICIENCY; THE OBJECTIVE OF WASTE AVOIDANCE, REDUCTION AND DISPOSAL; THE SETTING OF TARGETS FOR REDUCTION AND MODES OF DISPOSAL; 
  2. DOES NOT UNACCEPTABLY AFFECT RESIDENTIAL AMENITY OR POSE A THREAT TO PUBLIC HEALTH;
  3. DOES NOT UNACCEPTABLY AFFECT THE QUALITY OR QUANTITY OF WATER RESOURCES (BOTH SURFACE AND GROUNDWATER);
  4. HAS REGARD TO THE ADEQUACY OF THE HIGHWAY ` NETWORK AND THE NEED TO MINIMISE THE DEMAND ON THE TRANSPORT NETWORK;
  5. DOES NOT UNACCEPTABLY CONFLICT WITH THE INTERESTS OF AGRICULTURE, NATURE CONSERVATION, AREAS OF ECOLOGICAL, WILDLIFE OR ARCHAEOLOGICAL IMPORTANCE OR FEATURES OF GEOLOGICAL OR GEOMORPHOLOGICAL IMPORTANCE OR LANDSCAPE PROTECTION POLICIES;
  6. HAS A HIGH STANDARD OF LAYOUT, LANDSCAPING AND
    DESIGN;
  7. PROVIDES ARRANGEMENTS FOR THE AFTER TREATMENT AND FUTURE USE OF THE SITE WHICH ARE TO THE SATISFACTION OF THE LOCAL PLANNING AUTHORITY; AND
  8. IS NOT AT AN UNACCEPTABLE RISK OF FLOODING, INCLUDING TIDAL INUNDATION, OR DOES NOT INCREASE THE RISK OF FLOODING ELSEWHERE.
10.6.7.

The disposal or treatment of waste in any form is often a controversial issue, no matter how well managed. It is important therefore that any proposals for this type of activity can be thoroughly assessed against the above criteria and that any permissions are conditioned to mitigate and / or abate environmental detriment and nuisance.

POLICY WAST 3 - DEVELOPMENTS SENSITIVE TO THE ENVIRONMENTAL EFFECTS OF WASTE DISPOSAL

  1. NEW DEVELOPMENTS IN THE VICINITY OF EXISTING OR PROPOSED LANDFILL SITES; OR
  2. NEW LANDFILL/WASTE DISPOSAL PROPOSALS IN THE VICINITY OF EXISTING DEVELOPMENT WILL BE STRICTLY CONTROLLED.
DEVELOPMENT PROPOSALS WILL ONLY BE PERMITTED IF RELIABLE ARRANGEMENTS ARE MADE TO OVERCOME ANY DANGER OF MIGRATING GAS.
10.6.8.

Welsh Assembly Government Circular 38/89 (Landfill Sites: Development Control) states that there can be no hard and fast rules about the appropriate distance between new landfill sites and existing development in relation to the possible migration of landfill gas and goes on to say that a proposal for a site as close as 250 metres to other developments will require special attention. Similarly, there is a need to carefully control new development or redevelopment in the vicinity of waste disposal sites. In the case of applications on or near landfill sites permission should not be granted unless reliable arrangements can be made to overcome the danger of migrating gas. Planning permission for development in or in close proximity to current or former waste disposal sites will be subject to an assessment of the existence of migrating gas. Waste regulation is now the responsibility of the Environment Agency who will be consulted on all applications for development affected by or concerning waste disposal. 

10.6.9.

Where material of a toxic or hazardous nature is discovered on a potential development site adequate measures shall be taken to deal with the material safely as part of the development proposals. In certain cases on-site containment may be appropriate subject to regulatory control. The Council will have regard for the Environment Agency's policy guidance in respect of such sites, particularly the “Policy and Practice (for the Protection of Groundwater)”. 

10.6.10.

Special waste is that which can give rise to a public health risk by virtue of its toxicity or hazardous nature. Certain specified wastes are also classed as being “dangerous or difficult to dispose of”. There are a number of sites outside the Vale that can deal with this type of waste safely. Other than those sites that are currently licensed in the Vale to handle asbestos waste, it is not proposed that such a site should be identified in the Vale of Glamorgan. The incineration of clinical waste currently takes place at Sully Hospital. In addition there is an incinerator plant at Llandow Trading Estate which deals with animal carcasses (chiefly domestic pets), and clinical waste. It is important that special attention is given to the safe transport of such wastes within the Vale.

POLICY WAST 4 - WASTE DISPOSAL ON AGRICULTURAL LAND

THE DEPOSIT OF WASTE ON GOOD QUALITY AGRICULTURAL LAND(GRADES 1, 2 AND 3A)  WILL NOT BE PERMITTED. PROPOSALS FOR THE IMPROVEMENT OF LOWER GRADED AGRICULTURAL LAND BY THE DEPOSIT OF IMPORTED WASTE WILL BE PERMITTED IF:

  1. THE IMPROVEMENT SOUGHT IS NECESSARY FOR THE PURPOSE OF AGRICULTURE WITHIN THE HOLDING; AND
  2. THE VOLUME OF WASTE TO BE DEPOSITED IS THE MINIMUM NECESSARY TO ACHIEVE THE IMPROVEMENT SOUGHT.
10.6.11.

It is important to protect good quality agricultural land from degradation or despoliation by tipping or other waste disposal activities. Any planning applications for waste disposal on agricultural land will require a detailed agricultural land classification survey. 

10.6.12.

Proposals that change the profile of agricultural land through landfilling or landraising operations may result in unnatural landforms. In these cases special regard must be given to the landscape impact of any such proposals, especially with Special Landscape Areas, and any such proposals will be considered against the criteria under the general waste policy WAST 2. 

10.7.

IMPLEMENTATION

10.7.1.

The Council will implement the policies contained in this chapter through its development control function and through its separate responsibilities in respect of waste disposal. 

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