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ASSESSING DEVELOPMENT PROPOSALS
33 All planning applications should be assessed against the development plan and material factors arising from this SPP and the National Waste Plan/Area Waste Plan family of policies. The footprint, layout, appearance, design and operational features of a waste management installation vary according to the technology. Environmental impacts do not however vary greatly and are limited in most cases to the factors described in paragraphs 25-31 and Planning for Waste Management Facilities. This SPP supports a wide range of waste management technologies. Even so, proven industrial processes may raise different planning issues. The following policies apply to the planning implications of specific waste streams or installations.
THERMAL TREATMENT AND ENERGY FROM WASTE
34 The National Waste Plan indicates that municipal solid waste diverted from landfill could be converted to energy by thermal treatment, for use in district heating, in industrial processes or to generate electricity. SEPA's Guidelines for Thermal Treatment of Municipal Waste15 should be used by planning authorities in developing policies, allocating sites, or assessing development proposals. The guidelines note that economies of scale for building such plant may not occur within a single local authority. SEPA in association with SNIFFER is undertaking research on the relative benefits and shortcomings of thermal treatment and landfill to help inform Scotland's future policy direction to gain maximum value from residual business waste and the necessary treatment capacity.
35 Thermal treatment technology is more beneficial if both heat and electricity can be recovered or if it delivers combined heat and power ( CHP). Siting of plant close to energy grids or users such as manufacturers and processors using heat from their waste will be consistent with this SPP's model policy. It is unlikely that thermal treatment of waste without some form of energy recovery would be granted a permit. In rural areas farmland or forests may determine the best locations for thermal treatment plants designed for biomass. Scottish Planning Policy on energy from waste, decentralised energy supply systems and the Renewable Heat Strategy for Scotland, which is due for publication at the end of 2007 are referred to in SPP 6: Renewable Energy. PAN 45: Renewable Energy Technologies - gives advice on siting and design on energy from biomass and waste. PAN 45 Annex A: Planning for Micro Renewables also covers biomass.
36 All energy from waste plants will comply with the Waste Incineration (Scotland) Regulations 2003, which implement the Waste Incineration Directive. These new regulations ensure a higher level of technical compliance under Pollution Prevention and Control ( PPC).
LANDFILL OF RESIDUAL WASTE
37 The provisions of paragraph 29 and the following land use policy apply to disposal by landfill after all other options to reduce, reuse, recycle and recover energy from waste have been tested against the Executive's policies on waste prevention and reduction.
38 Waste reduction and recycling are reducing the overall need for landfill but demand for landfill capacity still exists. The National Waste Plan indicated that by 2020 around 30% of municipal waste would still be landfilled. There will also be a continuing need for some landfill capacity for commercial and industrial waste. The physical characteristics and operational aspects of landfill sites in relation to their surroundings vary considerably. Well engineered and monitored landfill sites will continue to be one way of treating and disposing of waste and of recovering land while offering the potential to improve the appearance of land and in some cases to bring land back into productive use. Waste materials ( e.g. biodegradable waste) with the potential to generate leachate are subject to the controls of the Landfill (Scotland) Regulations 2003. The Executive supports the principle of energy recovery from existing landfill - and Planning for Waste Management Facilities offers advice on the locational aspects of landfill gas plant. Many of the restoration principles referred to in PAN 64: Reclamation of Surface Mineral Workings apply to landfill. Additionally, consultation with aerodrome operators to guard against birdstrike will be appropriate for landfill development, operation and restoration 16.
LAND RAISING
39 Land raising on a previously undisturbed surface creates a new landform, rather than restoring excavated land to previous or near-original levels. It has a permanent effect on the landscape and may therefore be most suited to derelict or otherwise degraded sites as a means of rehabilitation Otherwise, and especially in areas designated for their landscape qualities, it is unlikely to be acceptable unless there are no suitable alternatives. Structural landscaping and planting are likely to be essential components of land raising, together with the use of existing landscape features. Engineered land raising may in particular offer a more appropriate means of disposal if the alternative landfill sites have problems with leachate management and groundwater control. Depositing waste on a landfill site above the original surface level is also land raising but may be justified to achieve required levels after settlement. There will seldom be cases where the need for improvements to agricultural land justifies land raising.
LANDFILL (SCOTLAND) REGULATIONS 2003
40 The Landfill Regulations ensure that high standards of operation and aftercare will apply to all landfills wherever sited. With certain exemptions for island or isolated landfills, the Regulations state that a planning permission may be granted for a landfill only if the following locational requirements have been taken into consideration.
(a) the distances from the boundary of the site to residential and recreational areas, waterways, water bodies and other agricultural or urban sites;
(b) the existence of groundwater, coastal water or nature protection zones 17 in the area;
(c) the geological or hydrogeological conditions in the area;
(d) the risk of flooding, subsidence, landslides or avalanches on the site; and
(e) the protection of the natural or cultural heritage in the area.
41 A landfill permit may be issued for the landfill only if the characteristics of the site with respect to the above requirements, or the corrective measures to be taken, indicate that the landfill does not pose a serious environmental risk. Most of the criteria are common to routine planning assessments but the Regulations place additional requirements upon planning authorities as it no longer falls to SEPA alone to consider criterion (b) groundwater impacts. Planning authorities must now take account of groundwater. Through consultation with SEPA, it is still important to avoid overlap between planning conditions and permits issued by SEPA.
CUMULATIVE IMPACTS (LANDFILL)
42 Planning authorities should ensure that landfill proposals, or extensions to existing landfill sites, will not lead to a disproportionate burden of negative environmental impacts on nearby settlements or other sensitive receptors which may include landscape quality. This will be particularly important if there are already two or more operational, or consented, sites that could raise similar impacts within 5 km of any nearby settlement. Such sites will include other minerals sites and opencast coal sites. The cumulation of impact from new proposals will also need to be assessed in relation to the magnitude and significance of outstanding impacts from sites close to closure or under remediation.
43 In such circumstances, planning authorities should seek an assessment from the applicant of the likely cumulative impacts of additional landfills, if approved, on all settlements within a radius of 5 km. of the site. This should include site design, likely further increases in road traffic, period and intensity of disturbance to settlements and the length of time and severity of landscape impact. Some landfills may be operated in association with composting, materials recycling or energy recovery which could reduce the environmental consequences of mixed landfill but give rise to additional physical impacts. Developers should demonstrate what measures will be taken to mitigate likely cumulative impacts. If adverse cumulative impacts cannot be mitigated adequately, permission should be refused. The period and phasing of working should be strictly controlled through planning conditions and monitored by the planning authority to ensure minimum disruption to local communities and the environment.
SEWAGE AND OTHER PROCESS SLUDGES
44 The spreading of sewage sludge on agricultural land is regulated by SEPA in accordance with the Sludge (Use in Agriculture) Regulations 1989 (as amended in 1990) complemented by a Code of Practice for Agricultural Use of Sewage Sludge 1996, which is currently being revised. Where sewage sludge is used solely for agricultural purposes, deposit is exempt from planning and licensing control. Spreading on non-agricultural land, including forestry sites, is - under the appropriate conditions - exempt from licensing under the Waste Management Licensing Regulations 1994 (see Waste Management Licensing Amendment (Scotland) Regulations 2003 and 2004). Nevertheless the choice of sites should take account of other uses such as recreation, designated natural heritage areas, rights of way and surrounding development. Planning authorities should also have regard to the guidance provided by indicative forestry strategies on the potential implications of using sewage sludge. SNH, SEPA and local authority biodiversity officers should be consulted on any habitat sensitivities. On developments that will result in land subsequently requiring restoration (such as landfill), the conditions of any specific planning permission should apply, to allow control of any proposal to use sewage sludge. Other waste such as paper mill sludges and compost can be applied to land provided licensing or exemption regulations are met.
WASTE MANAGEMENT PLANNING AND OTHER DEVELOPMENTS
45 Business, industry, commerce and households generate waste in the first place. It follows that residential, commercial and industrial properties should be designed to provide for waste separation and collection which will improve resource management from the outset. This will avoid the later loss of landscaped public or open space or potential road space conflicts such as the need to site additional receptacles in circulation areas. Design should be considered in the context of the planning consent and the Building (Scotland) Regulations 2004. The Scottish Building Standards Technical Handbooks 18, section 3.25 for solid waste should be referred to.
46 Scottish Ministers are committed to promoting facilities for waste separation and for appropriate kerbside collection of recyclable materials in new housing developments. The Executive expects suitable provision to be included in development plan policies and to be considered as part of the development management process, particularly in relation to major residential developments. Further advice is given in PAN 63, paragraph 83 and at the Forward Scotland 19 website.
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