Landfill Planning Appeals and Planning Matters

Asset - Landfill Planning Appeals and Planning Matters

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A surprisingly large proportion of Uk landfill applications end up going to a planning appeal

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The request for retrial process is lengthy and costly, often for both sides. This is a very wasteful way in which to rule proposals to furnish what is, after all, an critical service. Secondly, the presumption in favour of developers can be a double-edged sword.

The planning authority is immediately placed on the back foot and is inclined to behave defensively, rather than being in a position to behave honestly to achieve objectives defined in a coherent and responsible local plan.

However, where planning authorities rule to take a inescapable stance, despite the ideas tending to encourage them otherwise, notions such as "planning gain" begin often then become implicated. But, this is a step away from inspecting each application solely on its merits and can give rise to inequities and poor decision-making.

One particular victim straight through all of this is the permissible observation of the need for a particular proposal. This may find itsybitsy or no place in our gift planning system.

It might have been belief that the arrival of Environmental Assessments (Ea's) for the more vast waste disposal developments would have cleared the way for more objective decision-making. A personal perspective is that this does not seem to be the case so far. Ea's honestly furnish a much good basis for taking a balanced view of a proposed development. They also furnish ammunition for both sides in cases where there is disagreement.

So, a major highlight which should help the estimation of a particular application is its conformity with local plans. Unfortunately the publication of plans is in some disarray in most authorities.

The problem requires when numerous isolate plans are involved, these being structure Plans and Minerals Plans under planning law, a Waste Disposal Plan, Waste development Plans etc.

Besides the sheer whole of work complicated there are inescapable difficulties for an authority in co-ordinating these plans. an additional one problem is the in the Uk the waste regulatory ideas has been revised and industrialized so much over the last 10 years, it is understandable that in some areas the plans may not have been yet produced.

For the midpoint landfill planning application co-ordination is also needed between authorities. This arises as the provision of waste administration facilities is regularly of regional importance, each authority, however, will simply look after their own interests first. So is it any wonder that in the Uk they have not proved adept at working together to consider regional problems.

There are Uk exceptions, notably Serplan (London and South East Regional Planning Conference), which is facing up to the need to furnish for London's waste, among other issues. There are also instances where, for example, a county authority has declined to consent a clinical waste incinerator except at a capacity itsybitsy to the level of arisings within the county. This is despite the fact that there is no technical or environmental basis for the limitation, which in fact has rendered the proposals in some cases financially uneconomic.

During the planning process, planning authorities are required to consult other statutory authorities on an application. Consultations are also required at the licensing (called environmental permitting in the Uk) stage.

Due to these potential problems the prospective landfill developer should discuss proposals at an early stage with the relevant planning authority and waste regulation authority.

The relevant matters to be considered in a planning application for a landfill site are likely to contain the potential effects on:

- adjacent development and population;
- road and transport networks;
- services (gas, electricity, water);
- local attractiveness (noise, dust, odour, litter etc);
- ecology and nature conservation interests;
- agricultural land quality;
- resumption to an approved afteruse;
- outside and groundwater;
- scenery and visual amenity;
- archaeological interests;
- other designated areas or structure of importance in the vicinity;
- air quality;
- minerals and other material assets.

This list may not be complete so check with the planning officer at the local authority when you meet him/her.

This content does not record lawful waste policy, and is provided for educational use and entertainment purposes only.

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