Agenda Item D4: Appendix 2 Cabinet- 15 February 2011 Northamptonshire Minerals and Waste Development Framework (MWDF): Adoption of the Locations for Minerals Development and Locations for Waste Development DPDs (Development Plan Documents) Report to Northamptonshire County Council by Geoffrey Hill BSc DipTP MRTPI an Inspector appointed by the Secretary of State for Communities and Local Government Date:14th December 2010 PLANNING AND COMPULSORY PURCHASE ACT 2004 SECTION 20 REPORT ON THE EXAMINATION INTO NORTHAMPTONSHIRE MINERALS AND WASTE DEVELOPMENT FRAMEWORK LOCATIONS FOR WASTE DEVELOPMENT DEVELOPMENT PLAN DOCUMENT Document submitted for examination on 31 March 2010 Examination hearings held between 12 and 15 October 2010 File Ref: PINS/K2800/429/8 Locations for Waste Development DPD - Inspector‟s Report December 2010 ABBREVIATIONS USED IN THIS REPORT CMD Control and Management of Development DPD CS Core Strategy DPD Development Plan Document ENRMF East Northamptonshire Resource Management Facility HGV Heavy Goods Vehicle HRA Habitats Regulations Assessment MKSMSRS Milton Keynes and South Midlands Sub Regional Strategy NMWDF Northamptonshire Minerals and Waste Development Framework PPS1 Planning Policy Statement 1 Planning for Sustainable Development PPS5 Planning Policy Statement 5 Planning for the Historic Environment PPS7 Planning Policy Statement 7 Sustainable Development in Rural Areas PPS10 Planning Policy Statement 10 Planning for Sustainable Waste Management + Companion Guide to PPS10 PPS12 Planning Policy Statement 12 Creating Strong Safe and Prosperous Communities through Local Spatial Planning PPG24 Planning Policy Guidance 24 Planning and Noise PPS25 Planning Policy Statement 25 Planning and Flood Risk + Practice Guide pSPA potential Special Protection Area RSS Regional Spatial Strategy RTAB Regional Technical Advisory Body SA Sustainability Appraisal 1 Locations for Waste Development DPD - Inspector‟s Report December 2010 Non-Technical Summary This report concludes that the Locations for Waste Development Development Plan Document provides an appropriate basis for the planning of the County over the next 16 years. The Council has sufficient evidence to support the allocations and can show that they have a reasonable chance of being delivered. A limited number of changes have been put forward by the Council. These can be summarised as follows: deletion of description of procedural progress now overtaken by events correction of references to elements of the Control and Management of Development Development Plan Document inclusion of specific references to hazardous waste with non-inert waste management and disposal deletion of references to Project Reduce greater detail given in the site characteristics and development requirements for some allocations inclusion of an appendix identifying sites with extant planning permission which could contribute to the County‟s waste management and disposal capacity as set out in the Core Strategy, together with support for change or extensions to existing capacity as appropriate. All of the changes recommended in this report are based on proposals put forward by the Council in response to points raised and suggestions discussed during the public examination. The changes do not alter the thrust of the Council‟s overall strategy or the validity of the allocations. 2 Locations for Waste Development DPD - Inspector‟s Report December 2010 Introduction 1. This report contains my assessment of the Locations for Waste Development Development Plan Document (DPD) in terms of Section 20(5) of the Planning and Compulsory Purchase Act 2004. It considers whether the DPD is compliant in legal terms and whether it is sound. Planning Policy Statement (PPS) 12 (paragraphs 4.51-4.52) makes clear that to be sound, a DPD should be justified, effective and consistent with national policy. 2. The starting point for the examination is the assumption that the local authority has submitted what it considers to be a sound plan. The basis for my examination is the submitted DPD (Submission version dated March 2010). 3. The Submission version was based upon the Proposed Submission version published for consultation in January 2009. In response to that consultation, revisions were made by the County Council and carried through into the Submission version. 4. Representations were lodged to the Submission version some of which were accepted by the County Council and suggested changes were put forward for consideration either prior to the hearing sessions of the examination or whilst the hearing sessions were in progress. All of the changes have been proposed by the Council and are presented in Appendix A. 5. None of these changes are required in order to make the DPD sound. Neither do they materially alter the substance of the plan and its policies, or undermine the Sustainability Appraisal and participatory processes undertaken. I have not found it necessary to recommend any further changes in order for the DPD to meet the tests of soundness. 6. Some of the changes put forward by the Council are factual updates, corrections of minor errors or other minor amendments in the interests of clarity. As these changes do not relate to soundness they are generally not referred to in this report although I endorse the Council‟s view that they improve the plan. The Council has proposed to delete references to regional planning policies, but these changes are currently not appropriate, for the reasons set out below. 7. I am content for the Council to make any additional minor and consequential changes to page, figure, paragraph and appendix numbering and to correct any spelling errors prior to adoption. 3 Locations for Waste Development DPD - Inspector‟s Report December 2010 Assessment of Soundness Preamble 8. Since the publication of the Submission version of the DPD the Government announced the revocation of Regional Spatial Strategies with immediate effect on 6 July 2010. In response the County Council proposed to delete all references to the East Midlands Plan (the Regional Spatial Strategy – RSS) and the Milton Keynes and South Midlands Sub Regional Strategy (MKSMSRS) from the DPD. However, the decision to revoke Regional Spatial Strategies has subsequently been quashed. Accordingly, reference to the RSS and MKSMSRS should be retained in the DPD as, at the time of writing this report, they still form part of the development plan. 9. The County Council has put forward suggested changes to acknowledge this, but they are justified on the basis that the Council expects the “impending abolition” of the regional plan. Whilst this may be the stated intention of the Secretary of State, this has yet to be put into effect through legislation. Accordingly, the DPD as submitted is correct and it does not need to be changed in this respect. In which case, I do not support suggested changes SC3 and SC6, as set out in the Appendix, which deal with this point. 10. Having said that, the status of the RSS and MKSMSRS makes no material difference to the matters which have to be taken into account in considering the soundness of the DPD. The DPD has been prepared to accord with the Northamptonshire Minerals and Waste Development Framework (NMWDF) Core Strategy, which incorporates regional guidance on waste management and disposal capacity drawn up in consultation with the Regional Technical Advisory Body (RTAB), as advised in the Companion Guide to PPS10. Main Issues 11. Taking account of all the representations, written evidence and the discussions that took place at the examination hearings I have identified eight main issues upon which the soundness of the plan depends, three of which relate to allocation sites. Issue 1 – Procedural Conformity and General Matters 12. The DPD has been drawn up in conformity with the NMWDF and, as such, forms part of a suite of documents which are to be used to control waste management and disposal across the County until 2026. The Core Strategy sets the broad geographical distribution for waste development and the capacity for various waste types and management streams, including recycling, biological processing, advanced treatment, inert recycling and hazardous waste management. Augmenting the Locations DPD within the NMWDF is the Control and Management of Development (CMD) DPD and the Development & Implementation Principles Supplementary Planning Document. 13. The spatial strategy (Figure W2) and the capacity to be met (paragraph 2.7) are carried through from the Core Strategy and set the context for the 4 Locations for Waste Development DPD - Inspector‟s Report December 2010 allocations in this DPD. The purpose of this DPD is to identify new sites which are required to meet the Core Strategy‟s provisions. However, the new sites will augment capacity and processes at sites which already have planning permission and are in production – as noted at paragraph 3.5 of the DPD. Whilst it would not be appropriate to show these as allocations, it has been agreed by the Council to list the current sites in an appendix to the DPD1. These sites can be identified on a plan base using the Council‟s on-line interactive mapping. This is an appropriate change as both the current and allocated sites (as they come into use) will be taken into account in the monitoring of the NMWDF. 14. The site selection process has been carried out in accordance with the relevant guidance and protocols. A Habitats Regulations Assessment (HRA) and a Sustainability Appraisal (SA) was conducted for all sites which were included in the search for sites. The scope and methodology for the SA was agreed with the relevant partners, ensuring that (amongst other matters) environmental concerns, flood risk, nature conservation and cultural heritage were appropriately and impartially considered before preferred sites were selected and carried forward into the Submission version of the DPD. Whilst the SA process is appropriate for identifying sites for inclusion as allocations in the DPD, this does not circumvent the need for detailed appraisals at planning application stage where close attention can be given to site layout, design, mitigation and protection requirements.