Meeting documents

1 THE ISSUE

1.1 The Joint Waste Core Strategy (JWCS) is now being brought before Cabinet and is being considered by the other three Unitary Authorities in the sub-region to enable it to progress through the next steps leading to Examination and receipt of a binding Inspector's report.

1.2 JWCS will be considered at the Full Council on 19^th November and will receive the JWCS again prior to its final Adoption.

2 RECOMMENDATION

The Cabinet agrees:

2.1 that the Joint Waste Core Strategy for the West of England (appendix A) to be recommended to Council for the purposes of:

• publication in December 2009 in order for representations relating to issues of soundness to be made during January/February 2010; and
  
• submission in April 2010 to the Secretary of State after taking into account comments received.

2.2 the Divisional Director (Planning and Transport Development) be authorised to make changes in consultation with Directors in the other three Unitary Authorities and the portfolio member for Customer Services to amplify or clarify the Joint Waste Core Strategy prior to its submission to the Secretary of State.

3 FINANCIAL IMPLICATIONS

3.1 Revenue

The costs of the Joint Waste Core Strategy are being pooled and split equally across the four authorities. The agreed total budget is £908,000, of which £458,000 has been incurred in previous financial years, £291,000 budgeted in 2009/2010 and £159,000 in 2010/11.

The B&NES share of these costs are therefore £227,000 in total and sufficient budgetary provision has been made for this.

3.2 Capital

None. This policy framework does not commit the council to development of any individual site. Waste procurement plans do not currently include Fullers Earth or Broadmead Lane, nor any commitment to disposal technology (such as energy from waste).

4 CORPORATE PRIORITIES

• Sustainable growth
  
• Addressing the causes and effects of Climate Change

5 THE REPORT

5.1 Policy

5.1.1 The JWCS is a statutory plan and will sit alongside the emerging B&NES Core Strategy and be a formal part of each of the Local Development Framework. As a Joint Plan, it recognises the cross boundary movements of waste within the sub-region. It deals with all types of waste except radioactive waste.

5.1.2 The JWCS must reflect Government policy and be generally in conformity with regional policy and targets for municipal, commercial and industrial waste set out in the emerging Regional Spatial Strategy for the South West. The Regional Spatial Strategy could be subject to further changes prior to its final adoption. This could lead to amendments to the JWCS at a later stage.

5.1.3The Community Strategy recognises that waste is a key issue for Bath and North East Somerset and that there is a need to work with neighbouring Authorities to secure a long term, sustainable solution for residual waste. `Residual waste' is the waste that remains after recycling and composting has or can reasonably be assumed to have occurred - the waste that cannot be recycled. The Council also have a Zero Waste Strategy and run a number of projects to promote the concept of zero waste.

5.14.The JWCS has a key role in allocating sites suitable for the development of new municipal waste facilities required by the West of England Authorities, as well as responding to a range of commercial waste needs.

5.1.5The JWCS is consistent with the Sustainable Community Strategies of the Four Unitary Authorities which include actions to "maximising recycling and re-use and reducing the amount of waste generated" and helps to deliver a low carbon economy.

5.1.6The Vision for the West of England includes a Quality of Life vision where "The sub-region is resource efficient with waste production minimised and waste managed using sustainable approaches". The associated delivery priority is to "develop an effective and co-ordinated approach to waste minimisation and sustainable waste management." The JWCS vision and aims are consistent with this approach.

5.2 Summary

5.2.1 The Joint Waste Core Strategy (JWCS) will provide a positive, spatial planning policy framework for:

• locating the development of strategic residual waste treatment facilities
  
• directing the development of facilities for recycling, composting, transfer of wastes and waste disposal
  
• ensuring consistency of development management policy for waste within the sub-region.

5.2.2 The JWCS is not concerned with specific technologies and is separate from the processes for procuring facilities to treat household waste. It deals with a wide range of types of waste from municipal, commercial, construction and other sources, including waste water and hazardous waste.

5.2.3 The JWCS is a separate document from the Joint Residual Municipal Waste Strategy (June 2008) produced by the four Unitary Authorities of the West of England Partnership, which deals exclusively with municipal waste and is primarily aimed at reducing the amount of municipal waste going to landfill. The Joint Residual Municipal Waste Strategy can be viewed at: http://www.westofengland.org/media/103813/waste_strategy_summary_short.pdf

5.3The significant issues in the report are:

5.3.1 There has already been extensive consultation and public discussion of issues relating to the JWCS (set out in this report Appendices C-F). Responses received to an initial Issues and Options document, a later Preferred Options document and subsequent opportunities to comment on recent emerging policy have helped shape the JWCS Publication document attached to this report. This report sets out the next steps towards final adoption of the JWCS.

5.3.2 Key issues for the JWCS are to move waste management away from landfill, reduce waste production, encourage recycling and composting and focus on recovering value from any residual waste which remains.

5.3.3 In 2008, about half of all municipal, commercial and industrial waste was sent to landfill, much of it exported to locations outside the West of England. However, existing landfill sites could be exhausted by 2014. The JWCS must provide a sustainable framework which promotes the diversion of waste away from landfill and enables the delivery of new waste treatment infrastructure to meet the demands of a growing sub-region.

5.3.4 Waste management policy delivered through the JWCS should contribute to reducing and adapting to the impacts of climate change by managing waste as high up the waste hierarchy as possible, preventing waste generation, re-using and recycling, recovering value from waste (including heat and electricity), encouraging renewable energy generation and reducing reliance on landfill. ie reducing greenhouse gas emission.

5.3.5 The JWCS also contributes to reducing the need for waste transportation by creating local opportunities for the management of waste. A new focus on encouraging renewable energy generation will also be required.

5.3.6JWCS policies are designed to accommodate pressures on waste treatment capacities arising from projected rises in economic and population growth in the sub-region.

5.3.7 The JWCS must also reflect the need to protect the valued natural and built environments of the West of England, with its wide range of national and international designations.

5.4 Context

5.4.1 The JWCS contains the waste planning strategy for the West of England, addressing the planning aspects of waste prevention, recycling/composting, recovery and disposal. It relates to waste from municipal, commercial, construction, demolition and other sources. It provides a strategic framework, within which individual Unitary Authorities can develop more detailed policies, if they choose to do so.

5.4.2 The JWCS Publication document builds on inputs from a programme of sustained public consultation, which began in 2006. Details of the various phases of engagement can be found in Appendices D, E and F to this report.

5.4.3 It is intended that, subject to the approval of the Full Councils of all four Unitary Authorities, the JWCS will be formally published in December 2009 for consultation in January/ February 2010. This stage in the plan making process is not regarded as public consultation. Publication is intended to provide an opportunity for representations to be made on matters of soundness alone. It is assumed that the Core Strategy is considered to be "sound" by the four Councils at the time it is published.

5.4.4 For a Core Strategy to be "sound", `Planning Policy Statement 12: Local Spatial Planning' requires that it should be justified, effective and consistent with national policy.

5.4.5 The stage of formal Submission to the Secretary of State follows shortly after publication and requires the four Councils to submit the JWCS together with supporting documents and a summary of any representations received prior to Examination of the JWCS by an independent Planning Inspector. Submission is currently programmed to take place in April 2010. Anyone who has made representations seeking a change to the JWCS may be called in by the Planning Inspector to appear at hearings held as part of the Examination process.

5.5 Timetable

5.6 Proposal

5.6.1A Core Strategy is required to have a clear Vision and Strategic Objectives that can be delivered through the policies it contains. The Vision for the JWCS is that:

"By 2026 the West of England will be resource efficient with waste generation minimised and operating a sustainable waste management infrastructure, in line with the waste hierarchy, that serves the needs of the West of England, whilst ensuring the protection of its natural and built environment."

5.6.2The Strategic Objectives, which flow from the Vision, have been shaped by understanding what is desired and achievable, informed by both the process of Sustainability Appraisal and the preparation of the evidence base. The Strategic Objectives of the JWCS are listed below:

• To move the management of waste up the waste hierarchy by increasing waste minimisation, recycling and composting then recovering further value from any remaining waste, and only looking to landfill for the disposal of pre-treated waste.
  
• To help enable communities and businesses in the West of England take responsibility for the waste they generate.
  
• To continue to promote public awareness towards a shared commitment to waste prevention and reuse.
  
• To deliver the timely provision of an integrated network of waste management facilities to meet requirements in the West of England.
  
• To contribute to reducing and adapting to the impacts of climate change by driving waste up the hierarchy and encouraging the provision of waste management facilities at appropriate locations having regard for minimising and mitigating flood risk.
  
• To encourage sustainable construction and waste minimisation in new development.
  
• To ensure that waste management facilities do not harm the environment or endanger human health and where possible provide benefits.
  
• To locate development in accordance with land use priorities, giving preference to previously developed land and/or urban areas.

5.6.3The JWCS Publication Document at Appendix A is structured to include the following main policy areas:

• Waste prevention: The over-arching principle of reduction, re-use or recycling
  
• Non-residual facilities: Additional recycling and composting capacity requirements across the sub-region will be encouraged through positive criteria-based policy, and subject to development management policies. Indicative required capacities for recycling and composting facilities are included in the supporting text, but these should not be seen as ceilings as ultimately increased recycling and composting facilities will reduce the amount of residual waste for treatment or disposal.
  
• Residual waste facilities; Residual waste is defined as that which remains after recycling and composting has or can reasonably be assumed to have occurred. The JWCS seeks to deliver diversion from landfill of at least 85% of municipal and commercial/industrial wastes through recycling & composing (a minimum of 50%) and residual waste treatment (35%).

The JWCS is not technology specific, recognising that residual waste treatment facilities incorporate;

- mechanical and biological process which may recover materials and/or energy; and

- thermal processes which will recover energy either through heat and/or electricity.

The delivery of residual waste treatment infrastructure is central to the achievement of the JWCS since currently a significant proportion of residual waste is being exported out of sub-region for disposal, therefore sites suitable for the delivery of residual waste treatment capacity and their spatial distribution are included in the strategy.

• Spatial Strategy: The Spatial Strategy was derived following a detailed assessment and consultation on alternative spatial options. The Spatial Strategy identifies the required residual waste treatment capacity for catchment areas within the sub-region based upon: population distribution, waste arisings, the strategic road network, transport impacts and deliverability. The catchment areas are illustrated as `zones' in figure 6.1 of the Submission Document. The Spatial Strategy will ensure the required residual waste treatment infrastructure is delivered across the sub-region at appropriate locations. Sites and locations considered to be key to the delivery of the Spatial Strategy have been identified in Policy 5. Operational requirements for residual facilities are at Policy 6. The policy framework for proposals for residual facilities that are not on sites allocated in the Draft Submission Document is at Policy 7.
  
• Landfill: The Strategic Objectives of the JWCS Submission Document seek to ensure that value is recovered from waste prior to disposal and to reduce reliance on landfill. Any new landfill capacity required will be considered against criteria based policy and proposals will be expected to demonstrate that the waste to be disposed of could not reasonably and practicably have been treated otherwise. Policies 8 and 9 in the JWCS Submission Document address these issues.
  
• Development Management: Development Management Policy will ensure all new waste related development maximises opportunities and minimises adverse impacts. Policy 11 covers planning designations, and Policy 12 general considerations.
  
• Approach to Implementation and Monitoring: It is acknowledged that planning applications for residual facilities may exceed the capacity required for residual waste treatment in some catchment areas within the sub-region. To ensure flexibility and subsequent deliverability of the spatial strategy, it is proposed that this issue is dealt with by a plan, monitor, manage approach. Robust monitoring will record capacity of applications and capacity that is actually delivered and operational. This will ensure that future applications can be considered against the requirement to conform with the Spatial Strategy and should indicate when or if a review of the capacity required in the JWCS is necessary.

5.6.4 Specific sites allocated for strategic residual waste treatment facilities in Policy 5 of the JWCS are:

a. Broadmead Lane, Keynsham, Bath and North East Somerset

b. Former Fullers Earth Works, Fosseway, Bath and North East Somerset

c. Hartcliffe Way, Bristol

d. Merebank, Kings Weston Lane, Bristol

e. Former BZL Site, Kings Weston Lane, Bristol

f. Selvaco Plant (northern part), Severn Road, Bristol

g. Rhodia Chemical Works, Kings Weston Lane, Bristol

h Gypsy and Traveller Site, Kings Weston Lane, Bristol

i. Advanced Transport System Ltd Site, Severn Rd, Bristol

j. South of Severnside Works, South Gloucestershire

k. Warne Rd, Weston-super-Mare, North Somerset

5.6.5 Local Authority owned sites proposed to be allocated for the development of residual waste facilities include-: at Bristol: Hartcliffe Way, Severn Road (Advanced Transport Ltd),Kingsweston Lane (Gypsy and Traveller site), and in B&NES: Broadmead Lane Keynsham.

5.6.5 In addition to these specific sites, Strategic Areas that would potentially be suitable for residual waste treatment facilities have been identified at Weston-super-Mare and at Yate.

5.6.6 The JWCS recognises the role new urban extension development plays providing the required local waste management infrastructure. In particular, in the early stages of planning new urban extensions, any scope for integrating waste management and heat generation should be exploited where practicable.

5.6.7 It should be noted that the allocation of specific sites or areas does not preclude other sites being considered for strategic residual waste developments if they meet relevant criteria set out in JWCS policies.

5.6.8 Information on individual sites, and reasons for their inclusion will form part of the published evidence base of the JWCS.

6. RISK MANAGEMENT

6.1 The report author and Lead Cabinet member have fully reviewed the risk assessment related to the issue and recommendations, in compliance with the Council's decision making risk management guidance.

6.2 The four West of England Authorities are committed to working together to plan for the changing waste needs of the sub-region. This work must be underpinned by a robust policy framework. Not to prepare a waste Core Strategy jointly with West of England Authorities would create a risk that waste planning policy for the sub-region was inconsistent, potentially leading to an unbalanced and unsustainable distribution of waste facilities.

7. EQUALITIES

7.1A screening form is attached as Appendix F. The likely impacts on the six strands of equalities are:

• Gender, disability, age, sexual orientation, religion/belief: none
  
• Race: there is a potential impact arising from the proposed allocation of an existing Gypsy and Traveller transit site in Bristol as a waste site. However, a decision has already been taken to relocate the existing facility in view of the poor quality of the environment in the area where it is currently sited. Work is in hand, as part of the preparation of the Bristol City Council Site Allocations document of the Bristol Local Development Framework, to identify alternative sites. The existing facility will not be closed until suitable provision has been made and is operational. Consultation on the JWCS has included targeting of key Gypsy and Traveller Groups at an early stage.

8. RATIONALE

8.1 The four West of England Authorities are committed to working together to plan for the changing waste needs of the sub-region. This work must be underpinned by a robust policy framework. Not to prepare a waste Core Strategy jointly with West of England Authorities would create a risk that waste planning policy for the sub-region was inconsistent, potentially leading to an unbalanced and unsustainable distribution of waste facilities.

8.2 The preparation of a Joint Waste Core Strategy for the West of England is in accordance with the provisions of The Planning and Compulsory Purchase Act 2004 which requires local authorities to prepare development plan documents for the use and development of land in their area. The Act also permits two or more local authorities to work together to prepare one or more joint development documents.

8.3 To progress through the statutory process for the production and adoption of a Local Development Framework it is necessary for the strategy to be approved by the Council so that it can be published and move forward to the formal Examination stage. The publication will allow for representations to be made as to the "soundness" of the strategy and following this process when the Strategic Director is satisfied that the strategy meets the test of "soundness" ie it is in general conformity with national planning policy and guidance, it can be submitted to the Secretary of State for the next stage of the process prior to its formal adoption by the Unitary Authorities as part of their respective Local Development Framework.

9. OTHER OPTIONS CONSIDERED

9.1 Other options are:

To prepare waste planning policies for Bath and North East Somerset, independently of other West of England Authorities. Not to prepare a waste Core Strategy jointly with West of England Authorities would create a risk that waste planning policy for the sub-region was inconsistent, potentially leading to an unbalanced and unsustainable distribution of waste facilities.

10. CONSULTATION

10.1 Details of JWCS consultations and other supporting documents including the independent technical reports commissioned by the authorities to form the evidence base and inform the JWCS, are listed at Appendix G. These reports including the full Sustainability Appraisal Report can be found at the West of England Partnership website at: http://www.westofengland.org/waste/planning and hard copies are available from Members' Secretary (Please contact anne_larkins@bathnes.gov.uk)

10.2 Internal

Ward Councillor; Cabinet members; Parish Council; Town Council; Overview & Scrutiny Panel; Staff; Other B&NES Services; Local Residents; Community Interest Groups; Stakeholders/Partners; Other Public Sector Bodies; Charter Trustees of Bath; Section 151 Finance Officer; Chief Executive; Monitoring Officer

10.3 External

West of England Member Workshop with Members from each Authority
West of England Partnership Joint Scrutiny Committee

West of England Partnership Planning, Housing & Communities Board

West of England Partnership Partnership Board

Individual Member Workshops in each Unitary Authority Chief Executive, West of England Partnership

Officers of the four Unitary Authorities

Stakeholder & Development Industry Workshops, February &June 2009

Public Drop in Sessions February 2009

Public consultation and Progress Updates Jan-March 2007, Jan-March 2009, June 2009 and September 2009

11 ISSUES TO CONSIDER IN REACHING THE DECISION

11.1 Customer Focus; Sustainability; Property; Corporate; Health & Safety; Other Legal Considerations

12 ADVICE SOUGHT

12.1 The Council's Monitoring Officer (Council Solicitor) and Section 151 Officer (Strategic Director - Support Services) have had the opportunity to input to this report and have cleared it for publication.