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DEVELOPMENT MANAGEMENT
47 Provided that statutory bodies including SEPA and community councils have been consulted and pre-application consultation where necessary has taken place, the determination of a planning application should also focus on delivering infrastructure to meet Business Waste Framework objectives, Area Waste Plans and EU Landfill Directive targets. PAN 63's sections on Determining Planning Applications and Environmental Impact Assessment continue to provide up-to-date information to meet some of those policy objectives.
PLANNING CONDITIONS, PERMITTING AND LICENSING POWERS, MONITORING AND ENFORCEMENT
48 Scottish Ministers expect operators to fulfil the terms and obligations of their planning consents and related licences. Planning conditions and SEPA's permitting and licensing regimes are separate but complementary in that both are designed to protect the environment from the potential harm caused by development and operations. SEPA has powers to monitor, enforce and if necessary suspend or revoke PPC permits and waste management licences. The dividing line between planning and licensing controls is not always clear cut although to avoid duplication and as explained in paragraph 9, SEPA may when consulted recommend planning conditions to complement their PPC permits or waste management licences. That helps to define matters relevant to licensing which may also be material planning considerations. Planning conditions should meet the specifications of Circular 4/1998 and its addendum 20. The use of bonds is described in PAN 63 paragraph 90. Planning authorities should take into account advice in PAN 51: Planning, Environmental Protection and Regulation. The planning system should therefore:
- focus on whether the development itself is an acceptable use of the land rather than on the control of the processes or waste streams involved;
- regulate the location of the development and aspects of operations enforceable under planning control that will avoid or mitigate adverse effects on amenity, the use of land and on the environment; and
- secure decommissioning or restoration to a condition capable of an agreed after-use.
49 Monitoring the impact of development on the environment is well established within the planning system. Conditions requiring environmental audits by operators may provide a basis for monitoring, with the content and frequency specified by the planning authority, proportionate to the nature of the site and its activities. Audit results allow for agreement to be reached on the need for any remediation to safeguard the environment. To complement current development management and enforcement powers, the Planning etc (Scotland) Act 2006, Parts 3 and 4, will introduce new proposals for notification of initiation of development, fixed penalties and temporary stop notices enabling planning authorities to monitor development more closely. The introduction of enforcement charters is intended to increase awareness generally and for the public to bring breaches of control to the authority's attention. Enforcement powers available to planning authorities are summarised in SPP 1: The Planning System, paragraphs 62-64 and are explained in PAN 54: Planning Enforcement and Circular 4/1999.
DESIGN
50 Waste operations are normally contained in industrial buildings. Those of a larger scale, with more than a local visual impact can make use of mass, shape, colour and materials to mark rather than hide their presence. There are several good examples across Europe. The Planning etc (Scotland) Act makes provision for applications for planning permission to be accompanied by a statement about the design principles and concepts applied to the development. It is equally important that site layouts assist environmental management and that they are safe for the public where they have access. The Scottish Building Standards,' Technical Handbook - Domestic, section 3.25 covers storage of waste in domestic properties and PAN 63 encourages attention to the design of waste installations and other developments. Waste management should feature strongly where master planning or design briefs guide the development of major sites.
SITE WASTE MANAGEMENT PLANS
51 The efficient use of landfill can be supported through the use of Site Waste Management Plans ( SWMPs). 21 The purpose of the Site Waste Management Plan voluntary code of practice 22 is to help resolve the shortage of landfill space and the declining number of waste management sites by minimising waste at source on construction sites through the accurate assessment of the use of materials and the potential for their reuse and recycling both on and off site. Primary legislation would be required to allow SWMPs to be made statutory. Where SEPA is commenting on proposed developments it will promote SWMPs. Planning authorities should consider requiring the preparation of SWMPs as a condition of planning permission in order to manage waste on site. The Executive also supports emerging practice on demolition protocols which allow for the recycling of material in the construction industry 23.
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