Waste Local Plan REPORT of PUBLICITY and CONSULTATIONS JULY 2003
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Derby and Derbyshire Waste Local Plan REPORT OF PUBLICITY AND CONSULTATIONS JULY 2003 ANNEX 1 Derby and Derbyshire Waste Local Plan REPORT OF PUBLICITY AND CONSULTATIONS AND SCHEDULE OF PROPOSED CHANGES Contents Page PREFACE Purpose of the report and schedule 2 PART 1 The consultation process 3 PART 2 SCHEDULE OF OBJECTIONS AND REPRESENTATIONS General comments seeking changes to the plan 6 Comments on chapter 1 11 Comments on chapter 2 12 Comments on chapter 3 27 Comments on chapter 4 48 Comments on chapter 5 62 Comments on chapter 6 77 Comments on chapter 7 87 Comments on appendix A 96 Comments on appendix B 97 Comments on appendix C 115 Appendix 1 (General comments not seeking changes to the plan) 115 Appendix 2 Schedule of representations 117 The following abbreviations are used in this document: BC, Borough Council; CC, County Council; COTEP, Communities Opposed to Environmental Pollution; CPRE, Council for the Protection of Rural England; DC, District Council; DWT, Derbyshire Wildlife Trust; EA, Environment Agency; EAG, Environmental Action Group; East Mids, East Midlands; ESA, Environmental Services Association; FOE, Friends of the Earth; GOEM, Government Office for the East Midlands; KDCS, Kirkby and District Conservation Society; NPA, National Park Authority; PC, Parish Council; RLG, Residents’ Liaison Group; WRG, Waste Recycling Group. 16a.doc Page 1 of 129 Derby and Derbyshire Waste Local Plan REPORT OF PUBLICITY AND CONSULTATIONS JULY 2003 PREFACE Purpose of the report and schedule 1 The purpose of this document is: a) In Part 1 of the document, to set out information on: whom the waste planning authorities (“the authorities”) have consulted on the First Deposit Version of the Waste Local Plan; the steps taken to publicise the proposals; and how the authorities have provided the public and interested parties with the opportunity to make representations on the Waste Local Plan; b) In part 2 of the document, to summarise and respond to the representations that have been made on the Plan. 2 The document complies with the requirements of Section 10(3) of the Town and Country Planning (Development Plan) (England) Regulations 1999. 16a.doc Page 2 of 129 Derby and Derbyshire Waste Local Plan REPORT OF PUBLICITY AND CONSULTATIONS JULY 2003 PART 1 The consultation process Introduction 1.1 As joint waste planning authorities for Derby and Derbyshire, the City and County Councils have a duty, under the Town and Country Planning Act, 1990, to prepare a Development Plan for waste developments for their plan areas. 1.2 In September 2000, the authorities published, for public consultation, an Issues Report on the Waste Local Plan. The responses to the Issues Report were all considered and informed the First Deposit Version of the Waste Local Plan. 1.3 The First Deposit version of the Local Plan was published and formally made available to the public to comment on 14th June 2002. There was a statutory period of six weeks to make comments on the proposals. However to assist in the consultation the documents were available for people to view a short time before this date and comments received just after the end of the six-week period have been taken into account and responded to. Publicity 2.1 A press release on the First Deposit of the Local Plan was released to newspapers covering the whole county in June 2002 prior to deposit. An official notice was published in those papers, including, specifically, the Derby Evening Telegraph to mark the statutory beginning of the period of consultation on 14th June 2002, and in The London Gazette. 2.2 In addition to internal City and County Council consultations on the Plan, the authorities consulted people and organisations in the following categories: 18 adjoining and nearby county and unitary planning authorities 18 adjoining and nearby county and unitary waste disposal authorities 11 adjoining district planning authorities 11 adjoining district waste collection authorities 8 Derbyshire district planning authorities 8 Derbyshire district waste collection authorities The Peak District National Park Authority The councils or meetings of every Derbyshire parish and town council, including those in the National Park 30 waste management and other businesses and 18 planning and surveying consultants 15 waste management and other interested trade groupings and chambers 84 environmental and other local and national interested groups Relevant government departments via the Government Office for the East Midlands (GOEM). 24 other Government agencies and other similar organisations including those recommended for consultation in PPG 12 18 public utilities, transport and other services 16a.doc Page 3 of 129 Derby and Derbyshire Waste Local Plan REPORT OF PUBLICITY AND CONSULTATIONS JULY 2003 Individual members of the public who had commented at the Issues Paper stage 2.3 The consultees were sent, as appropriate to them, a copy or copies of the Plan and/or letters explaining the opportunity to make comments. Copies of the plan were placed in libraries, including the mobile libraries, with an information poster, which publicised the consultation process. 2.4 The documents were put on formal deposit at the County and City planning offices, the eight District planning offices and Buxton Library, in order to give County- wide coverage. Copies of the documents and notice of deposit were sent to GOEM. 2.5 The documents plus comments form were also available to view and download from the City and County Councils’ web sites. The Response to the Consultation 3.1 During the period of objection (including a period of a few days after the closure of the objection period) 140 individuals and organisations submitted a total of 287 comments. Of these 254 were registered as objections and the remaining 33 were statements of support. A further 196 objectors signed a standardised objection letter raising a number of matters around the issues of renewable energy and energy from waste. A total of 89 of these “Renewable Energy” respondents had names and addresses which were readable, so we were able to register them and to write back seeking clarification of their objections. Each of the standardised, Renewable Energy, objections contained essentially 5 points, which were taken to be different comments for response purposes, giving a total of 445 registered comments on these matters. This means that there were 732 registered comments in total, even though a large number of these were the same five points. 3.2 The representations from respondents numbered 41-46 (see Schedule of Representations, appendix 3 of this report) arrived after the statutory closing date but not so late as to affect the process of assessing comments or progressing the plan. We have registered them and we propose that they be treated as if they were duly made. We were unable to register 107 of the Renewable Energy representations because they did not have legible names or addresses. However, as their comments were standardised, their registration would not have added anything to the points made in the registered Renewable Energy letters. 3.3 Of the objectors not raising points about renewable energy or energy from waste, most raised concerns about: a) how well or otherwise the policies of the plan would protect the environment or b) whether the policies were in accord with European or Government policy or guidance. 3.4 The most fundamental objection raised by respondents, including GOEM, Nottinghamshire CC and industry representatives, was to the plan’s “policy criteria” approach to guiding new development. In Part 2 of this report, we set out further explanation and justification of the policy criteria approach. GOEM, having already considered the further explanation and justification, have written to say that they will 16a.doc Page 4 of 129 Derby and Derbyshire Waste Local Plan REPORT OF PUBLICITY AND CONSULTATIONS JULY 2003 withdraw their objection provided that the plan contains a clear commitment to monitoring the shortfall in landfill capacity in the south of the county. This would include a commitment to bring forward proposed alterations, if necessary, as a matter of urgency, in the light of that monitoring or of other changes occasioned by the revision of PPG 8 (East Midlands Regional Planning Guidance). 3.5 Part 2 of this document contains a summary of all of the points made in the representations, with responses to them and recommendations for any consequential changes to the plan. 3.6 Overall, we consider that the publicity and consultation exercise fully satisfies the requirements of the legislation and the Government advice on this matter. 16a.doc Page 5 of 129 Derby and Derbyshire Waste Local Plan REPORT OF PUBLICITY AND CONSULTATIONS JULY 2003 PART 2 SCHEDULE OF REPRESENTATIONS AND PROPOSED CHANGES GENERAL COMMENTS SEEKING CHANGES TO THE PLAN Re Peak District National Park Summaries 1) The Peak District National Park should be included in the plan. Chesterfield & North Derbyshire FOE 0254 2) The Peak Park should deal with its own waste. Allowing the park to export its waste to landfill is a disincentive to waste reduction and small-scale, local recycling projects. Chesterfield & North Derbyshire FOE 0254 Assessments 1) & 2) See assessment re paragraph 2.43 of the local plan (objections 0090, 0112, 0273, 0219, 0254) Recommendations 1) & 2) See recommendation re paragraph 2.43. Re steps to reduce quantities of waste Summary The plan should specify steps to identify quantities of industrial and commercial waste and construction & demolition waste and how to reduce them. Otherwise the waste disposal authorities will not be able to meet safety and legal requirements or identify opportunities for recycling. Chesterfield & North Derbyshire FoE 0255 Assessment The waste local plan can have no control over waste minimisation. It can only affect waste developments under the terms of the Town and Country Planning Act.