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Swansea LDP Examination

Statement of

Swansea Council

Waste

Hearing Session 14: 15 March 2018

Published: 26 February 2018

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Contents

Contents ..................................................................................................................... 2

1.0 Introduction ....................................................................................................... 3

2.0 Procedural Matters ........................................................................................... 3

3.0 Renewable and Low Carbon Energy ................................................................ 3

4.0 Water Quality .................................................................................................... 3

5.0 Flood Risk (Policy RP 4) ................................................................................... 4

6.0 Human and Environmental Health .................................................................... 4

7.0 Waste ............................................................................................................... 4

8.0 Minerals ............................................................................................................ 7

9.0 Any Other Business .......................................................................................... 7

10.0 Proposed Matters Arising Changes (MACs) ..................................................... 8

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Swansea Local Development Plan 2010 – 2025

Examination Hearing Session 14

WASTE

1.0 Introduction 1.1 This Statement has been produced by Swansea Council (hereafter ‘the

Council’) in order to respond fully to the detailed ‘Matters and Issues’ agendas produced by the Inspectors for the Swansea Local Development Plan (LDP) Examination.

1.2 The Statement relates to Hearing Session 14: Energy, Water Quality, Flood

Risk, Human & Environmental Health, Minerals & Waste. This statement deals exclusively with responses to Section 7: Waste. The statement is set out in accordance with the headings and sub-questions provided by the Inspectors.

1.3 The Council’s schedule of ‘Non-substantive amendments’ (LDP20)[1] to the

Deposit Plan included changes that relate to matters addressed in this response. The Council believes that these amendments should be considered at the appropriate hearing session, and therefore these amendments are identified at the end of this statement in the section titled ‘Proposed Matters Arising Changes (MACs)’ together with any relevant potential MACs arising from the Hearing Statement.

2.0 Procedural Matters 2.1 Any relevant procedural matters to be addressed will be identified by the

Inspectors, or relevant parties in attendance, at the appropriate hearing session.

3.0 Renewable and Low Carbon Energy 3.1 The Council responses to the Inspectors’ Matters and Issues relating to

renewable and low carbon energy, which will also be discussed at Hearing Session 14, are set out in a separate statement.

4.0 Water Quality 4.1 The Council responses to the Inspectors’ Matters and Issues relating to water

quality, which will also be discussed at Hearing Session 14, are set out in a separate statement.

[1] LDP20 Schedule of Non-Substantive Amendments to Swansea Deposit LDP 2017.

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5.0 Flood Risk (Policy RP 4) 5.1 The Council responses to the Inspectors’ Matters and Issues relating to flood

risk, which will also be discussed at Hearing Session 14, are set out in a separate statement.

6.0 Human and Environmental Health

6.1 The Council responses to the Inspectors’ Matters and Issues relating to human and environmental health, which will also be discussed at Hearing Session 14, are set out in a separate statement.

7.0 Waste

Policy RP 7 – Sustainable Waste Management a. The amount of land required for waste management infrastructure over

the plan period is estimated at around 35 ha1. i. Does this estimate remain up-to-date? 7.1 No. The capacity figure is taken from the Regional Waste Plan 1st Review.

Revisions to national planning guidance in light of the Welsh Governments Collections Infrastructure and Markets (CIMs) Sector Plan has meant that these figures area outdated and no longer repeated at local level. TAN 21 paragraph 3.21 states that Employment Land Supply Surveys will not be expected to specifically quantify the amount of separate future provision likely to be needed for waste facilities. Consequently, the Council proposes to amend paragraph 2.14.48 of the Deposit Plan to remove the reference to the document that has Examination reference EB082. The proposed amendment is shown as a Matters Arising Change in the Section at the end of this statement.

ii. The 2017 Review of Swansea LDP Growth Strategy and Evidence Base

[EB011] identifies a positive requirement for industrial land of 8 hectares. Has sufficient account been taken of the additional need for waste infrastructure as part of this assessment?

7.2 Yes. The 2017 review (ref: EB011) takes account of waste infrastructure.

Waste falls within Experian’s “utilities” category, which the report has assumed will only require non-B land (Table 5.1, Appendix 5). Growth of 600 FTE jobs is forecast in the sector over the period from 2010 to 2025 (Table 5.3). Growth in the sector is therefore captured by the forecasts, but is not assumed to require land in B use classes and is therefore additional to the 19ha requirement. The Additional Information on phasing and delivery provided within document

1 EB040 paragraph 5.8, taken from the South West Wales Regional Waste Plan (1st Review, 2008) 2 Economic Assessment & Employment Land Provision for Swansea and Neath Port Talbot October 2012

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ED06.23 clearly sets out that sufficient employment land is allocated within the Deposit Plan and will be able to accommodate any additional requirements as a result of new waste infrastructure proposals coming forward.

b. Paragraph 2.14.48 of the LDP refers to the baling plant site at Swansea

Enterprise Park being a Preferred Area for a waste management facility. Should this be shown on the Proposals Map as proposed via NSA121? Have any other Preferred Areas been omitted?

7.3 Yes. In response to Welsh Government representation to the Deposit Plan4,

the Council considers that an amendment to identify the Baling Plant on the Proposals Map has merit in improving the clarity of the Policy. The proposed amendment is set out as a MAC within the final section of this statement and the Council do not consider that this would affect the soundness of the Plan.

c. Paragraph 2.14.49 of the LDP refers to the Felindre site as having

potential for a Combined Heat and Power Facility. Should this be stated within the policy itself?

7.4 No. The former tip site near Felindre was identified as part of the waste

procurement programme work carried out in conjunction with Welsh Government5 as a reference site for the procurement hub for food and/or residual waste in South West Wales. The Council is in the process of procuring a regional waste treatment contract and are in discussions with the Welsh Government and other Local Authorities. It is anticipated the contract will start in 2022. The Welsh Government require a review of the potential for building a new regional facility and the former tip near Felindre remains a potential option for its location. This location is identified in the supporting text to Policy RP 7 with specific reference to the suitability of the site for Combined Heat and Power (CHP) use. The Policy refers to ‘Preferred Areas’ and the policy supporting text identifies the preferred areas. The Council does not believe that specifically naming one Preferred Area within the Policy, as opposed to another is correct. Notwithstanding this, the Council proposes to amend the policy amplification to delete reference to the specific identification of Felindre for CHP use in order to ensure greater flexibility. This is presented as a Matters Arising Change in Section 10 of this statement.

Policy RP 8 – Landfill

d. Are the criteria for assessing new proposals for landfill sites consistent

with Technical Advice Note 21 – Waste?

3 https://www.swansea.gov.uk/media/23989/ED006.2-SC-Additional-Info-Phasing-and-

Delivery-6-Dec-

17/pdf/ED006.2_SC_Additional_Info_Phasing_and_Delivery_6_Dec_17.pdf

4 45802 5http://gov.wales/topics/environmentcountryside/epq/waste_recycling/infrastructure/?la

ng=en

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7.5 The Policy has been amended to improve consistency with national planning policy and Technical Advice Note (TAN) 21: Waste. The amended policy is set out within section 10 of this statement as a Matters Arising Change.

e. As there appears to be adequate landfill capacity during the plan period6,

is the policy necessary? 7.6 The Welsh Government has a long term aim of eliminating landfilling as far as

possible and Towards Zero Waste7 sets limits on the total amount of residual municipal waste and industrial and commercial waste sent to landfill. However, it is recognised within TAN 21 that disposal to landfill or disposal through incineration without heat recovery, or with inefficient heat recovery, will continue in the short to medium term (to 2024/25). Modelling undertaken for the Collections, Infrastructure and Markets Sector Plan demonstrates that, depending on waste arising and recycling scenario modelled, Wales may need to develop additional non-hazardous landfill capacity prior to 2025. The Council supports proposals which aim to divert waste from landfill to more sustainable waste management options taking into account the waste hierarchy as a priority order and the objective of delivering a high level of protection for human health and the environment.

7.7 The Waste Planning Monitoring Report (WPMR) for the South West Wales

Region 20168 (paragraph 8.4) states that the predicted remaining landfill capacity for the SW Wales region points to 15 years. However, this figure reduced to approximately 10 years in the 2017 Report (which has not yet been published by the Welsh Government). Although the predicted remaining landfill capacity for the SW Wales region is safely above the threshold set out in TAN21, whereby a new site for landfill should be considered for the region, the figure is dependent upon several assumptions, such as the individual circumstances of the landfills currently operating (e.g. potential contracts coming to an end), new landfills or alternative residual treatment plants becoming operational, and actual quantities of residual waste produced.

7.8 In light of the variables affecting the future of landfill (and residual waste

management options in general) in the region there may be a requirement for additional landfill capacity within the lifetime of the Plan (Tir John is due to close before the Plan end date of 2025) should sufficient residual waste treatment plants fail to emerge during the lifetime of the Plan and/or landfill capacity in the region diminishing due to site closures. The Policy is therefore considered necessary in order to ensure that a local planning policy framework exists to determine any potential planning applications for additional landfill capacity, rather than relying on those set out within Annex C of TAN21.

7.9 Furthermore, the planned residential and economic growth within the region

during the lifetime of the Plan, may have consequential impacts on the levels of waste arisings in the region and the quantities of residual waste produced.

6 EB040 paragraph 3.25 7 http://gov.wales/docs/desh/publications/100621wastetowardszeroen.pdf 8 http://gov.wales/docs/desh/publications/170223wpmr-south-west-wales-region-en.pdf

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7.10 The Regional Waste Monitoring Report reviews the regions landfill capacity

annually and, together with LDP annual monitoring, will be used to assess the need for the Policy, which can be deleted should alternative residual treatment become operational that negates the need for residual landfill capacity and thus the need for the Policy.

Policy RP 10 – Disposal of inert waste on agricultural land

f. Should the requirement for a Land Classification Survey in paragraph

2.14.61 be included in the policy? 7.11 Yes. It is considered that including a criteria within the Policy requesting an

agricultural land classification survey would add clarity to the Policy and associated amendments to paragraph 2.14.61. This is presented as a Matters Arising Change in section 10 of this statement.

8.0 Minerals 8.1 The Council responses to the Inspectors’ Matters and Issues relating to

Minerals, which will also be discussed at Hearing Session 14, are set out in a separate statement.

9.0 Any Other Business

a. Would criterion (v) of policy EU 5 apply to all forms of telecoms infrastructure, regardless of scale? If so, is this justified?

9.1 The Council acknowledges that criteria v. does not differentiate between the

scale of potential infrastructure. Furthermore, Planning Policy Wales contains national policy which does not need to be repeated within Local Development Plans. The Council therefore propose to delete criteria v. and add supplementary text to amplification paragraph 2.13.25 to reference national planning policy. This is set out as a Matters Arising Change in section 10 of this statement.

b. Does the LDP include an effective framework for monitoring the

implementation of policies (including waste arisings and the use of minerals), with clear triggers for an expedited plan revision, if necessary?

9.2 There is no longer a national ‘core’ indicator in relation to waste. The Council is amending the indicators for waste management as set out within Chapter 4 of the Plan. These will be presented in Hearing Session 17.

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10.0 Proposed Matters Arising Changes (MACs) 10.1 The Council’s schedule of ‘Non-substantive amendments’[1] to the Deposit Plan

included changes that relate to matters addressed in this response (specifically in relation to NSA 121). The Council considers that these amendments should be considered at the appropriate hearing session, and therefore these amendments are included within the table of ‘Proposed Matters Arising Changes (MACs)’ below.

[1] LDP20 Schedule of Non-Substantive Amendments to Swansea Deposit LDP 2017.

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Schedule of Proposed MACS to Deposit LDP

Hearing Statement Question

Deposit LDP Section

Deposit Rep Ref

Proposed MAC Reason/Justification Origin of MAC

b. Proposals Map 14: Clydach/ Llansamlet/Morriston

45801 Amend Proposals Map18 as shown in the Map below, to show the Bailing Plant at Swansea Enterprise Park as a ‘Preferred Area’ for waste management facilities.

To correct a map omission, and accurately reflect the status of the Plant as set out in Policy RP7 - para 2.14.48.

NSA 121

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Hearing Statement Question

Deposit LDP Section

Deposit Rep Ref

Proposed MAC Reason/Justification Origin of MAC

A i. Policy RP7 paragraph 2.14.48

Delete the first sentence of paragraph 2.14.48 as follows: ‘The Economic Growth and Employment Land Assessment Study 2012135, identifies that there is sufficient land available on existing employment sites to accommodate any proposed new waste management facilities.’

To clarify status of Regional Waste Plan capacity figures.

c. Paragraph 2.14.49

Amend paragraph 2.14.49 as follows (inserted text in bold): ‘The site at Felindre is identified specifically for a waste management facility. The site has the will be given to for the potential to accommodate a Combined Heat and Power (CHP) Facility which could provide heat or power for adjacent properties……’

In order to provide flexibility. Officer change

d. RP 8: Landfill Sites

RP 8: LANDFILL SITES Tir John will continue to be used as a municipal waste landfill site for residual waste until alternative facilities are available. The development of new, or the extension of existing, landfill sites will only be permitted in exceptional circumstances, where it can be clearly demonstrated that: i. Additional capacity is required; ii. The proposal conforms with the waste hierarchy, the concept of the nearest appropriate installation and self sufficiency, Other options for the re-use and recovery of

To ensure the Policy accurately reflects national planning guidance and technical advice.

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Hearing Statement Question

Deposit LDP Section

Deposit Rep Ref

Proposed MAC Reason/Justification Origin of MAC

materials have been considered and are not economically or environmentally feasible; iii. The site is not within an area of floodrisk as defined by TAN 15 at high risk of flooding (zone C2) as defined by TAN 15 or, where the development is within zone C1, the consequences of an extreme flood event can be acceptably managed; and There would be no significant adverse impact on: a. The natural heritage, cultural and historic environment; b. The geology and hydrogeology of the site; c. Controlled waters, including water quality and quantity; d. The amenities of neighbouring occupiers, including the effects of traffic movement and the generation of noise, dust and fumes; e. The highway network; f. Public safety, health and well-being; g. The visual amenity of the site; and h. The proposal will not result in the permanent loss of Grades 1, 2 or 3a agricultural land. The method of restoration on completion of the landfill process and the proposed after use will need to form part of the landfill proposal and be completed within the lifetime of any permission granted.

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Hearing Statement Question

Deposit LDP Section

Deposit Rep Ref

Proposed MAC Reason/Justification Origin of MAC

2.14.53 Tir John, the last remaining landfill site for the disposal of residual municipal waste within the County, will accept waste until 2020 2022 (with a possible extension of two years). In the meantime a Regional Residual Waste Contract is being pursued in order to ensure that a facility is in place to accept the County’s residual waste after 20202. 2.14.54 Any application must be supported by evidence justifying why the proposal departs from the waste hierarchy. Without exceptional justification planning applications for the disposal of inert waste will be refused. Proposals for new landfill sites will be evaluated in the context of other waste management options, the updated position contained in the annual waste monitoring reports, and in relation to the criteria set out in Policy RP 7 relating to Sustainable Waste Management and with regard to detailed planning considerations set out within TAN 21 Annex C. Proposals will be carefully assessed to ensure landfill sites do not pose a serious risk to the environment, neighbouring uses or the public. 2.14.55 Where appropriate and feasible, developers may be required to enter into a S106 Agreement to ensure that proposals include measures to generate energy from landfill gas

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Hearing Statement Question

Deposit LDP Section

Deposit Rep Ref

Proposed MAC Reason/Justification Origin of MAC

where methane might otherwise escape into the atmosphere. Ensuring that the restoration and aftercare of a completed landfill site (or cell) takes place to a standard agreed by the Council will also be secured via a S106 Agreement. The final landscaping must be completed by the end date of the planning permission. 2.14.56 An EIA must be submitted for all applications falling within Schedule 1 of the EIA Regulations and, where appropriate, will be requested for any development falling within Schedule 2.

f. RP10: Agricultural Land – Disposal of Inert Waste

Add following text (in bold) to end of Policy RP 10:

‘All planning applications for the deposit of imported inert waste materials on agricultural land must be accompanied by an agricultural land classification survey’.

Subsequently, amend paragraph 2.14.61 as follows (new text in bold) ‘..Any planning application for waste disposal an agricultural land must be accompanied by an agricultural land classification survey in order to demonstrate that the land is not classed as the Best and Most Versatile (i.e. grades 1-3a) and the Council will have regard to the advice of NRW, as a statutory consultee’.

For consistency throughout Plan policies.

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Hearing Statement Question

Deposit LDP Section

Deposit Rep Ref

Proposed MAC Reason/Justification Origin of MAC

9a EU 5: Telecommunications and Digital Technology Infrastructure

Amend Policy EU 5 as follows (new text in bold): ‘Proposals for telecommunications and digital technology infrastructure will be considered in the light of technical and operational requirements and permitted where: i. The development contributes towards the objectives of future proofing development and regeneration proposals or forms part of the planned development of a wider network; ii. The development incorporates all reasonable measures to minimise any significant adverse impact due to the siting and external appearance of the apparatus, and the design minimises impact caused by its visual appearance; iii. There would be no significant adverse effect on natural heritage, the historic environment, or amenity of neighbouring residents; iv. The application is accompanied by evidence of compliance with Government guidelines on health impacts of telecommunications infrastructure.; and v. The benefits and impacts of alternative sites have been investigated and assessed, and the proposed location is justified in light of this assessment. 2.13.25 Telecommunication facilities may have special needs and technical considerations, which require them to be installed in particular locations to work effectively. However in sensitive locations

To ensure the Policy accurately reflects national planning guidance and technical advice

Hearing Statement

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Hearing Statement Question

Deposit LDP Section

Deposit Rep Ref

Proposed MAC Reason/Justification Origin of MAC

the erection of telecommunication towers and antennae can have a significant adverse effect on the quality of the urban and rural environment. Clear guidance with respect to the development of telecoms infrastructure is contained within National Planning Policy and Guidance, which is not repeated in this Policy. Applications for telecoms and digital infrastructure developments will also be assessed against national planning policy and guidance. In accordance with national planning policy, the Council encourages operators to share telecoms masts. Operators will be required to submit evidence that opportunities for mast sharing and alternative sites have been fully explored…’.