Introduction
10.1 A major pressure on the environment arises from the wastes
produced as a by-product of industrial and domestic activities.
As a result of Local Government Review (April 1998) Torbay Council
inherited responsibilities as the Waste Planning Authority (WPA)
in addition to its existing role as the Waste Collection Authority
(WCA). It also became the Mineral Planning Authority (MPA). These
responsibilities need to balance the conservation of the environment
and resources with human health and best value.
10.2 This chapter contains policies which have regard to the
land-use issues arising from the production, collection, reprocessing
and disposal of waste and the winning and working of minerals.
Both waste and mineral developments can have a wider than local
significance. It is therefore particularly important that these
detailed policies should stem from and be in conformity with
the strategic policy framework. This is contained in Regional
Planning Guidance for the South West (RPG10 - September 2001),
the Adopted Devon Structure Plan First Review (1999) and the
Devon Structure Plan 2001-2016 (expected to be adopted in Summer/Autumn
2004) and is informed by the work of the Regional Technical Advisory
Body. In addition, the local plan framework of neighbouring authorities
will be relevant, particularly the Adopted Devon Minerals Local
Plan (2004).
WASTE
Waste issues
10.3 Guidance in relation to waste matters comes from international,
European, national and regional sources. The EC Framework Directive
on Waste places obligations on plan making authorities to have
regard to certain objectives such as encouraging the prevention
or reduction of waste production. A key objective of Article
3 is the minimisation of waste and where possible the encouragement
of materials recycling and energy recovery, as follows:-
(a) to encourage the prevention or reduction in waste production
and its harmfulness by:-
(1) development of clean technologies, sparing in their
use of natural resources; and
(2) technical development and marketing of products designed
to have no or minimal impact by the nature of their manufacture
or their disposal; and
(b) to encourage:-
(1) the recovery of waste by recycling, reuse, reclamation
or other process extracting a secondary raw material; and
(2) the use of waste as a source of energy.
10.4 Article 4 sets out the following objective: “To
ensure that waste is recovered or disposed of without endangering
human health and without using processes or methods which could
harm the environment and in particular without:-
1. risk to water, air, soil, plants or animals; or causing
nuisance through noise or odours; or
2. adversely affecting the countryside or places of special
interest.”
10.5 Article 5 identifies the following objectives in relation
to the disposal of waste:-
1. establishing an integrated and adequate network of waste
disposal installations, taking account of the best available
technology, not involving excessive costs;
2. ensuring that the network enables the European Community
as a whole and Member States individually to move towards self
sufficiency given geographical circumstances and the need for
specialised installations; and
3. requiring waste to be disposed of in one of the nearest
appropriate installations, by the most appropriate method and
technology to ensure a high level of protection for the environment
and public health.
10.6 These basic objectives have been embraced by the Government
and are outlined in the National Waste Strategy 2000, giving
advice to which Local Plans should have regard. To help achieve
sustainable objectives, different waste management options are
ranked into a hierarchy. This hierarchy is shown below:-
-
Reduction - Reducing the production of waste
-
Re-use - Using items more than once
-
Recovery - Recycling: putting materials back into use (e.g.
glass from bottles)
- Composting: processing organic waste with recovery of
energy or collection of methane from landfill sites
- Energy: incineration of waste with recovery of energy
or collection of methane from landfill sites
-
Disposal - Involving no further benefit from the material
10.7 This hierarchy seeks to conserve resources, reduce waste
output and increase recycling and recovery of materials.
10.8 In addition to these aims, the Government has set a goal
of recovering 45% of municipal waste by 2010 and of recycling
or composting 30% of household waste by the same date. In order
to achieve these goals, it will be important to meet the existing
targets of 40% recovery and 25% recycling or composting as soon
as possible. The Government aims to achieve this by 2005. Beyond
2010 we will need to make further progress and, by 2015 the Government
expects that we will need to recover value from two thirds of
our household waste, and that at least half of that will need
to be through recycling or composting. The targets for waste
recycling are reflected at a regional level in RPG10 (September
2001).
10.9 Changes in other European Directives also have implications
for new facilities. The Landfill Directive for example seeks
to reduce the amount of industrial and commercial waste landfilled
to 85% of 1998 levels. In particular it has set targets to reduce
biodegradable municipal waste. A reduction in the use of landfill
will consequently generate a need for alternative waste management
processes. Such waste disposal / management development options
should reflect the ‘best practicable environmental option’ (BPEO).
This approach was defined by the Royal Commission on Environmental
Pollution as follows: “A BPEO is the outcome of a systematic
consultative and decision making procedure which emphasises the
protection and conservation of the environment across land, air
and water. The BPEO procedure establishes, for a given set of
objectives, the option that provides the most benefit or least
damage to the environment as a whole, at acceptable cost, in
the long term as well as in the short term.”
General waste principles
10.10 In order to achieve such targets, a planning framework
needs to be in place. PPG23 ‘Planning and Pollution Control’ (1997)
and PPG10 ‘Planning and Waste Management’ (1999)
set out the Government’s planning guidance for such issues.
Apart from the waste hierarchy, these Guidance notes advocate
a reduction in the overall environmental impact of such development
(BPEO) and the application of the ‘proximity principle’ under
which waste should be disposed (or otherwise managed) close to
the point at which it is generated (aiming to achieve ‘self
sufficiency’ at a regional/or sub-regional level). Where
this is not possible, priority should be given to transportation
by rail or water. In summary the EC Directives and Government
objectives advocate a sustainable approach to waste management.
Planning policies should therefore encourage methods of waste
management that have the least overall environmental impact,
taking into account the potential for energy and materials recovery.
The Government also recognises that the appropriate management
option will vary according to the waste stream and local considerations.
The Development Plan framework
10.11 Torbay produced approximately 62,504 tonnes of controlled
waste in 2003/4. Of this 12,934 tonnes were recycled by the Torbay
Materials Recycling Facility and 49,570 tonnes were disposed
of at landfill sites. This represented a recycling rate (including
civic amenity materials) of over 26%, compared to 20% in 1999.
In order to achieve a further reduction in waste, facilities
such as the ‘Scrap Store’ in Paignton will be encouraged.
Scrap stores aim to reuse clean, non-toxic materials which are
then made available for use as play craft materials. Such facilities
provide services at the top of the Waste Hierarchy but their
operation may require a waste management licence or an exception
certificate from the Environment Agency.
10.12 The Local Plan sets out the land use implications
of waste management / disposal development which encourages an
increase in the proportion of waste which is managed by options
towards the top of the hierarchy, subject to the BPEO. Reduction
and re-use are, however, activities which do not have such a
direct relation to development or use of land. As such, there
is an emphasis towards policies that are related more closely
to options for recovery and disposal. This general waste management
strategy is set out in Policies C18 - C21 of the Adopted Devon
Structure Plan First Review (1999) and Policies WM1 - WM4 of
the Devon Structure Plan 2001-2016 (expected to be adoted Summer/Autumn
2004). In addition the Council is preparing a Waste Management
Strategy, which is scheduled for adoption in 2005. This will
complement the Local Plan and address a wider range of waste
management and recycling issues than simply relate to land use.
10.13 The plan led system means that decisions on planning
applications will be made in accordance with the provisions of
the development plan unless material considerations indicate
otherwise. Policy WS of the Local Plan sets
out a waste management strategy, as this relates to land use. Policy
W1 supports an appropriate range of waste management
facilities in urban areas. This includes a wide range of services,
from large waste disposal sites to recycling centres or Scrap
Stores. Policy W2 supports further development
at the Yalberton Civic Amenity Site serving Torbay. Policy
W3 protects waste management sites and their surroundings
from development that would prejudice the use of the site for
waste management. Policy W6 seeks to minimise
the creation of waste through development. Policy W7 requires
the provision of appropriate recycling and disposal facilities
for new development.
Waste water treatment
10.14 Until recently, Torbay’s sewage was discharged,
untreated, into the sea. There is now a wide recognition, from
all sections of the community, that this practice is unacceptable.
To improve the quality of Torbay’s beaches, sea bathing
and the sea itself, a new waste water treatment works was commissioned
in 2002 as part of South West Water’s ‘Operation
Clean Sweep’. This was necessary for environmental, health
and economic reasons.
10.15 As part of the preparation of the Local Plan, a
wide range of potential waste water treatment works sites were
initially considered, short-listed and after a rigorous process
of analysis based on several criteria, the former quarry site
at Brokenbury, Churston, was selected as the most appropriate
site. Policy W4 covers the proposal for the
Brokenbury Quarry site and sets out a number of criteria required
to be addressed in order for development proposals to be acceptable
to the Council. Policy W5 covers any other potential
waste water and sludge treatment developments.
MINERALS
Meeting the need for minerals
10.16 The Town and Country Planning Act 1990 requires
the relevant planning authorities to produce local plans containing
polices in respect of development consisting of the winning and
working of minerals. As with waste issues, these policies should
take in to account the strategic policy framework.
10.17 Guidance in relation to non-renewable resources
supplied by the World Commission on the Environment and Development
notes that the depletion of such resources (including minerals)
reduces the stock available for future generations. The rate
of depletion should therefore take account of the criticality
of that resource, the availability of technologies for minimising
depletion and the likelihood of substitutes being available.
This process should emphasise recycling and economy such that
the resource does not run out before an acceptable substitute
is available. In accordance with Government Guidance (Minerals
Policy Guidance Note 1 ‘General Considerations and the
Development Plan System’ (1996)), the Council will consider
all the costs and benefits of mineral development, including
the environmental cost and benefits. In particular, the objectives
for sustainable development for minerals are:-
-
to conserve minerals as far as possible, whilst ensuring
adequate supply to meet needs;
-
to ensure that the environmental impact caused by mineral
operations and the transport of minerals are kept, as far
as possible to an acceptable minimum;
-
to minimise production of waste and to encourage efficient
use of materials including appropriate use of high quality
materials and recycling of wastes;
-
to encourage sensitive working, restoration and aftercare
practices so as to preserve or enhance the overall quality
of the environment;
-
to protect areas of designated landscape or nature conservation
value from development, other than in exceptional circumstances
and where it has been demonstrated that development is in
the public interest; and
-
to prevent the unnecessary sterilisation of mineral resources.
10.18 PPG12 ‘Development Plans’ (1999) and
MPG6 ‘Guidance for Aggregates Provision in England’ (1994)
also set out guidance for mineral polices identifying the need
to reserve the highest grade mineral for the most appropriate
use. They also note the balance between provision of minerals
and the protection of our natural and built environment. Mineral
policies in development plans should also accord with Regional
Planning Guidance for the South West (RPG10 - September 2001).
RPG10 seeks to maximise the contribution to be made to aggregate
supply by secondary and recycled material; to reduce the overall
extraction of primary aggregates in the region and to conserve
primary aggregates for optimum use. This is set out in Policy
RE4. Policy RE3 promotes environmentally acceptable means of
extraction, transportation and reclamation. MPG6 advises that
development plans should identify sites or areas of search for
appropriate minerals extraction and set a local apportionment
of regional aggregate supply. For the South West this totals
105 million tonnes (mt) of sand and gravel and 610 million tonnes
of crushed rock during the period 1992-2006. RPG10 gives a sub-regional
apportionment of 25mt and 95.2mt respectively for the same period
in Devon, with the caveat that this should be updated in the
light of an expected review of MPG6.
10.19 The Structure Plan policies on Minerals are set
out in Policies E14 - E19 of the Adopted Devon Structure Plan
First Review (1999), and Policies MN1 - MN6 of the Devon Structure
Plan 2001-2016 (expected to be adopted Summer/Autumn 2004). The
Adopted Devon Minerals Local Plan (2004) sets out a County-wide
policy framework. Whilst Devon as a whole provides an important
source of supply of aggregate mineral for construction materials,
demand and production has fallen by over half over the last decade,
and Torbay is unlikely to make any significant contribution to
this supply during the Plan period. However, Local Plan policies
set out a sustainable mineral development strategy and provide
guidance for any proposals which may arise.
10.20 Torbay is served by a number of quarries in the
surrounding area, which have long-term reserves and potential
mineral resources. Since the closure of Lummaton Quarry in 1989,
Torbay has had only one operational limestone quarry which is
located at Yalberton, Paignton. This operation is subject to ‘The
Review of Old Mineral Permissions’ procedure. It is unlikely
that any of the disused, dormant quarries in Torbay will be revived
for mineral extraction. There is, therefore, no specific need
or scope for mineral excavation within or adjacent to the urban
area. Torbay Council will seek to revoke any outstanding, dormant
planning permissions.
10.21 A sustainable mineral development strategy for Torbay
is set out in Strategy Policy MS of the Torbay
Local Plan. Policy M1 deals with the recycling
of mineral waste and Policy M2 addresses proposals
for new mineral working.
WASTE AND MINERALS POLICIES AND PROPOSALS
WS Waste management and disposal strategy
Waste management and disposal proposals should
adopt the sustainable principles of the ‘Best Practicable
Environmental Option’, regional self-sufficiency, the proximity
principle and the waste hierarchy. The granting of planning permission
for waste management proposals will be subject to satisfactory
resolution of any transport issues and protection of public amenity,
and the need to protect the landscape character, nature conservation,
historic environment and surface and groundwater of those areas.
Where appropriate, provision should be made for the restoration
of the site for a beneficial after-use.
Explanation:
10.22 The Council will support the provision of local
waste management facilities which reflect consideration of the
Best Practicable Environment Option for each waste stream, regional
self sufficiency, the proximity principle and the waste hierarchy,
outlined in paragraphs 6 - 7 of PPG10 ‘Planning and Waste
Management’ (1999). This approach aims to ensure that waste
can be disposed of or otherwise managed close to the point at
which it is generated. This should create a more responsible
and hence sustainable approach to the generation of wastes. It
should also limit pollution from transport and the number of
vehicle miles travelled. This policy does not preclude movement
of waste into or out of Torbay, but directs waste to local waste
management facilities or sustainable methods of waste transport
to facilities outside the area where this is appropriate. Proposals
will also be considered in the context of the ‘Best Practicable
Environmental Option’ (BPEO) in the basis of the methods
to be used and waste materials produced. The Environment Agency
is consulted on all such facilities and is currently developing
a method of research called ‘life cycle analysis’.
Policies for waste management are also outlined in Policies C18
to C21 of the Devon Structure Plan First Review.
10.23 The Local Plan Waste Strategy aims to provide a
sustainable planning framework for waste management for all development
proposals. This will draw initially on the minimisation, reuse
and recycling of materials as a result of development, including
the construction process. Policies W6 and W7 are
relevant. Waste management facilities may vary greatly in size,
characteristics and potential environmental impacts. They should
therefore be based on a balance between adopting the best practice
operating principles whilst addressing the need to resolve any
transport, traffic and access issues, protect public amenity
and conserve Torbay’s environmental quality.
10.24 It should be noted that other environmental objectives
and constraints, such as protecting areas of archaeological importance,
nature conservation, agricultural or landscape value, are matters
which need to be taken into account and can override considerations
such as the proximity principle. Such development should in any
case minimise any possible impact on adjoining land-uses and
the effect on those living and working in the vicinity. Such
issues would be particularly relevant to the management of special
waste. Environmental Protection Policies EPS, EP3, EP4, EP5, EP6, EP7, EP8 and EP9 are
also relevant.
W1 Waste management facilities
Waste management proposals will be permitted
provided that:-
(1) the development is operated on the basis
of the sustainable development principles of the ‘Best
Practicable Environmental Option’, regional self-sufficiency,
the proximity principle and the waste hierarchy;
(2) schemes are located on brownfield sites
close to where waste arises or located with similar waste management
facilities. Outside the main urban areas, including greenfield
sites, development may be permitted where it can be shown that
brownfield sites are unsuitable or unavailable, and that there
will be no unacceptable environmental impacts;
(3) transport, traffic and accessibility are
acceptable to the scale and use of the proposal;
(4) the development should not be in conflict
with users of land and buildings in the surrounding area;
(5) relevant details of the waste to be managed
and a method and programme of site operation including hours
of operation is provided;
(6) all environmental impacts are assessed
and reduced to an acceptable level, including impacts of noise,
odour, litter, dust, vermin and birds, and other disturbances
on users and occupiers of adjacent sites; and
(7) where appropriate, the proposal includes
design and landscaping measures to ensure that the development
is not visually intrusive.
Explanation:
10.25 As previously noted in Policy WS, waste management
facilities vary greatly in size, characteristics, potential environmental
impacts and the length of time these facilities will operate
and any environmental effects that may be experienced. PPG10 ‘Planning
and Waste Management’ (1999) Annex A lists the sort of
proposals to which this policy relates. It is appropriate to
provide a range of waste management facilities accessible to
the urban areas. The provision of facilities will, however, accord
with the principles set out in Policy WS. Increased
recycling of waste will be supported (especially commercial /
industrial waste e.g. construction materials) at appropriate
facilities. The recycling of household materials needs to be
close to or within urban areas, within easy reach of the majority
of the population. However, the environment should be protected
and schemes which have an unacceptably detrimental effect on
their surroundings will not be permitted. In many cases a waste
management licence may be required from the Environment Agency
(section 36(2) of the Environmental Protection Act 1990 refers)
who are likely to be consulted on all such development. It is
therefore essential that full details of the type of waste to
be managed and site operations are submitted to the Council.
10.26 The use of brownfield sites within employment land
or built up areas for waste management facilities will be supported
in principle. Facilities which are used locally by the public
(such as scrap stores, recycling centres etc) should be located
so that they are accessible by a choice of means of transport.
It is accepted that this is not always appropriate and may depend
upon the size and scale of development, the character of the
area, its surroundings and the range of waste management facilities
involved. The impact of a recycling collection point on residential
amenity would differ, for example, from that of a Materials Recycling
Facility (MRF).
10.27 The operation will have to minimise any environmental
or amenity conflict with the existing locality, or possible impacts
on transport, by using rail or waste transport instead of road
vehicles as far as possible, and by making use of the major road
network where transport by other modes is not practicable.
10.28 Waste management facilities are likely to have planning
considerations which relate to pollution or contamination. The
need to consider land instability or the protection of surface
and ground water for example is referred to in the Environmental
Protection Chapter. Policies EPS, EP3, EP4, EP5, EP6, EP7, EP8and EP9 are
particularly relevant.
W2 Civic amenity sites
A civic amenity use is proposed at Yalberton
Waste Transfer Station, Paignton.
Explanation:
10.29 The civic amenity site serving Torbay (located at
Yalberton in Paignton) is considered suitable for further expansion
within the Plan period. The site has an existing recycling plant
and the operator is seeking to carry out improvements for a more
comprehensive recycling facility in the longer term.
10.30 The Council has also resolved, following the closure
of Rea Barn Depot site as a civic amenity facility, to continue
to seek an alternative permanent site for a facility in Brixham.
W3 Protection of waste management sites and
surroundings
Proposals for development within, or in proximity
to, existing or allocated sites for waste treatment facilities
(including recycling, storage, processing or transfer) will not
be permitted where the proposed development would prevent or
prejudice the use of the site for these purposes.
Explanation:
10.31 The success of Torbay’s recycling strategy
may be harmed if alternative sites for waste management are not
made available. It is therefore essential that suitable sites
for waste management facilities (whether proposed or existing)
are safeguarded from any development proposals in close proximity
to them which may prevent or prejudice their operation.
W4 Waste water treatment works
A combined waste water treatment works
to serve Torbay is proposed at the former Brokenbury Quarry
and adjacent land, subject to the following impacts being acceptable:-
(1) public amenity, including smell, noise,
visual impact, lighting and traffic generation;
(2) landscape;
(3) biodiversity and the natural environment;
(4) heritage; and
(5) the highway network.
The Proposals Map indicates the former quarry
area, together with extensions to the south-eastern boundary,
as the location for all of the built development (W5.1). The
peripheral areas to the north-west (W5.2) and to the south-east
(W5.3) are designated solely as landscape and wildlife areas,
including for the satisfactory creation of a habitat for the
cirl bunting.
Explanation:
10.32 Although some waste water generated in the Torbay
area is dealt with by cess pits and septic tanks, the vast majority
is handled and treated by South West Water Plc. Whilst some of
this material receives preliminary treatment (coarse filtering)
most of it has been discharged into the sea, a situation which
will continued until the waste water treatment works was brought
online. The only exception is the Scotts Bridge/Barton development
in northern Torquay, which discharges to the Buckland waste water
treatment works on the River Teign estuary, and the Galmpton
area, which is served by a small waste water treatment works
in the former Galmpton Quarry.
10.33 The European Community Urban Waste Water Treatment
Directive (91/271/EEC) requires that from December 1998 sewage
sludge disposal at sea should cease. In order to comply with
the EC Urban Waste Water Directive, South West Water (SWW) are
planning to ensure that sewage flows are screened for all of
Torbay, followed by primary treatment for Paignton and Brixham
flows, with the aim of having all of Torbay’s flows treated
by March 2003.
10.34 Following an extensive survey of a wide range of
sites, Brokenbury Quarry was the only one to pass all the site
analysis criteria, provided that appropriate mitigation measures
in relation to Cirl Bunting habitat were implemented. The former
quarry sits in a low plateau running between Brixham and Churston.
It is secluded and enjoys good access to the main sewer and main
road network. It is also situated in a ‘window’ free
of environmental constraints - indeed the only site to do so
out of all the site options considered.
10.35 A waste water treatment works to serve Torbay was
therefore proposed at Brokenbury Quarry. This was commissioned
in 2002 and is a phased development, initially screening all
Paignton and Brixham sewage flows. Later phases will lead to
tertiary and UV treatment of all Torbay’s sewage flows
before being released into the sea at Sharkham Point. The works
are contained within the modified quarry area identified on the
Proposals Map. The need to safeguard the amenities of the surrounding
area is fully recognised and adjoining land is allocated for
landscaping and wildlife protection purposes. There is a clear
need to protect local amenity and to ensure the minimisation
of environmental impact from the operation of this plant. Close
consultation between the developer, operator and the Council
is therefore required.
10.36 In order to comply with the strict environmental
requirements listed in the proposal, the developer has been required
to enter into appropriate legal agreements and planning conditions
to ensure that the situation will be monitored, especially in
relation to smell, noise, lighting, traffic generation and nature
conservation impacts, to the satisfaction of the Council. Although
the waste water treatment works has now been commissioned, Policy
W4 remains relevant to provide guidance on completion of the
scheme, particularly in relation to landscape and nature conservation
measures.
W5 Waste water and sewage sludge treatment
Development for the handling, treatment,
processing and disposal of waste water (including sewage and
sewage sludge) on sites not allocated in the Local Plan will
be permitted provided that:-
(1) the development would be operated on the
basis of the sustainable principles set out in Policy WS;
(2) all environmental impacts are assessed
and reduced to an acceptable level, including impacts of noise,
odour and other disturbance on users and occupiers of adjacent
sites;
(3) relevant details of the waste to be managed
and a method and programme of working is provided;
(4) the proposal includes landscaping measures
to ensure that the development is not visually intrusive; and
(5) the development would not have unacceptable
traffic impacts.
Explanation:
10.37 It is important when planning for waste water and
sewage sludge treatment and disposal facilities to achieve a
balance between meeting future needs of the wider community on
the one hand and minimising any unacceptable impact on the environment
on the other. An Environmental Statement will be required for
proposals which have or are likely to have significant effects
on the environment.
W6 New development and the minimisation of
waste
New developments and land uses which are
likely to generate significant volumes of waste through the
development process itself will require a waste audit to be
submitted as part of the planning application, including the
following details:-
(1) the type and volume of waste that the
development will generate;
(2) the steps that will be taken by the developer
to minimise the amount of waste arising from the development
by reusing and recycling or incorporating materials within
the site; and
(3) the steps that will be taken to manage
the waste that cannot be reused on site, including the disposal
locations.
Waste generated by such developments will form
a material consideration. Those developments which conflict with
the objectives set out in Policy W1 will not be permitted.
Explanation:
10.38 The development process itself can generate large
volumes of inert construction and excavation waste which is often
disposed of via landfill. The re-use of inert materials in-situ
will reduce the need for disposal and the unnecessary movement
of waste. MPG6 also advocates the re-use of waste materials arising
from construction, demolition and redevelopment, including recycling
of raw waste materials for use as aggregates.
10.39 Development schemes likely to create significant
volumes of waste will be required to submit a waste audit. This
should identify estimated volumes of waste, the amount to be
utilised within the development itself, the management of the
waste to be removed from the site and disposal sites to be used.
This process will clearly identify waste arising as a result
of the development process and aims to support the Government’s
waste hierarchy.
10.40 The policy recognises that it is not always appropriate
the recover all wastes. However it does support the use of waste
arising in the design and implementation of schemes (such as
spoil used in landscaping schemes, for example). Where proposals
involve redevelopment of sites, the waste audit should specify
how materials are likely to be recovered and where appropriate,
indicate the steps to be taken to produce recycled aggregates
from the waste material generated. The audit should also identify
other materials which arise (wood, glass and plastics etc) and
indicate how these are to be treated or disposed of.
10.41 The waste audit will form a material consideration
in the determination of proposals.
W7 Development and waste recycling facilities
New developments and land uses will require
the provision of appropriate and necessary facilities for the
recycling, storage, treatment and removal of waste likely to
be generated. All environmental impacts of these facilities will
need to be assessed and reduced to an acceptable level, including
impacts of noise, odour and other disturbance on users and occupiers
of adjacent sites. Where appropriate, developers will be required
to enter into Agreements under Section 106 of the Town and Country
Planning Act 1990 for any necessary works.
Explanation:
10.42 The provision of adequate waste facilities for new
development and land will support the waste recycling strategy
by ensuring that a positive recycling framework is established.
This policy will apply not only to industrial or commercial uses
but also to waste arising from residential, agricultural and
mineral activities. Provision should be made for both individual
needs (e.g. accommodation of wheelie bins within the curtilage
of a property) and, where appropriate, for communal facilities
(e.g. community composting areas or recycling facility areas).
MS Mineral development strategy
All proposals for minerals development should
accord with the principles of sustainability. Development should
not conflict with policies relating to landscape, nature conservation,
agricultural land, geology and the level and quality of surface
and groundwater. The granting of planning permission will be
subject to the satisfactory resolution of any adverse impact
of the proposal in respect of public amenity, the built environment,
transport and, where appropriate, accessibility, reclamation
of the site and after-use.
Explanation:
10.43 Mineral development can involve the winning and
working of minerals, tipping and ancillary operations such as
the use of processing plants. It therefore encompasses the full
range of mineral activities including the recycling, crushing
and reprocessing of aggregates, bulk storage or mineral exploration.
10.44 The Council will seek to promote a sustainable approach
to mineral development by following the principles set out in
MPG1 (paragraph 35) and the objectives highlighted in paragraph
10.17. The aim is to balance the conservation of minerals and
supply with the minimisation of environmental impacts during
and after working, and the reduction of waste by efficient use
and recycling. The Council will also encourage sensitive working
and restoration, and the protection of designated landscape and
nature conservation sites. The unnecessary strerilisation of
mineral sites should be avoided.
10.45 Other issues that particularly relate to mineral
development are the protection of ground water and flooding as
well as the impact such development can have on the amenities
of neighbours through the transportation of materials and the
generation of mud, noise, dust, smoke and fumes. The restoration
of mineral sites for beneficial after use will always be sought.
10.46 Major proposals are likely to have a significant
effect on the environment and will therefore be subject to environmental
impact assessment (see Policy EPS Environmental Protection
Strategy). Applications for outline permission for minerals
development will generally be unacceptable but can be made for
certain ancillary mining development. Therefore the applicant
will need to submit details of intended methods and program of
working sufficient to determine an application.
M1 Recycling, storage and processing of minerals
Proposals involving the storage and recycling
of mineral waste will be permitted provided that they do not
unacceptably extend the life of a site and they do not create
unacceptable environmental harm.
Explanation:
10.47 In order to maintain stocks of resources of aggregate
minerals, Government Guidance emphasises the need to increase
the supply of recycled and secondary aggregates as a replacement
for land-won (i.e. newly excavated) aggregates.
10.48 MPG6 ‘Guidance for Aggregates Provision in
England’ (1994) emphasises the preference for recycled
materials, where it is technically, economically and environmentally
acceptable, as substitutes for primary materials. Whilst the
Council will encourage the use of recycled materials, this will
be weighed against adverse environmental and amenity effects
of such development on and adjacent to the site of any operation.
10.49 The recycling of aggregate within mineral sites
can have a number of advantages, since existing operations are
likely to have similar heavy machinery and can share lorry routing.
However, many of the adverse environmental effects resulting
from primary extraction apply to the bulk handing, sorting, processing
or recycling minerals and aggregates. If the overall harmful
effect on the amenity of the surrounding area or the life of
the development is increased beyond what is considered acceptable,
proposals will not be permitted. It will therefore be necessary
to ensure that the adverse impact on the environment does not
outweigh the benefits of producing alternatives to primary aggregates.
To control the associated development (including buildings and
machinery) that would normally be part of such mineral operations,
permitted development rights are likely to be removed.
M2 New mineral working
Proposals for the development of new or extension
of existing mineral workings and for ancillary development will
be permitted where:-
(1) any adverse environmental effects
can be reduced to an acceptable level;
(2) it will not result in an unacceptable
impact on traffic or public amenity; and
(3) adequate restoration and aftercare proposals
are provided where appropriate.
Explanation:
10.50 The development of new or expanded mineral workings
within Torbay is unlikely within the Plan period. The region’s
supply of aggregates is noted in paragraph 10.19 of the introduction
to this chapter. However, any proposals to carry out new mineral
excavation which do take place will be carefully considered in
the context of need for a particular material, environmental
impacts of mineral working and the need to adequately restore
sites when mineral operations and tipping of mineral waste have
ceased. Unlike extraction activities, all proposals for mineral
tipping will have to be located in appropriate areas and the
development would need to demonstrate that all environmental
impacts can be reduced to an acceptable level. Environmental
impacts incorporate a wide range of issues such as noise and
water resources, including the contamination of groundwater or
the increased risk of flooding.
10.51 Whilst MPG1 advises that policies should not normally
require applicants to provide supporting evidence of need for
the mineral or discuss the merits of alternative sites, it does
allow for such issues to be considered where an environmental
impact assessment is required. There may also be occasions when
material planning objections are not outweighed by planning benefits.
For example, proposals affecting SSSIs would be subject to the
most rigorous examination. Under such circumstances an overriding
need will clearly have to be demonstrated by the developer.
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