Appendix A Annual Monitoring Report Executive Summary

1. This is the first Annual Monitoring Report (AMR) prepared by County Council under the new Planning and Compulsory Purchase Act 2004. It contains information on the implementation of the Minerals and Waste Development Scheme and the extent to which the Policies set out in the Leicestershire Minerals Local Plan and Leicestershire, Leicester and Rutland Waste Local Plan are being achieved.

2. The Report has two main functions:

i. To review progress in terms of the Leicestershire Minerals and Waste Development Scheme against the timetable and milestones.

ii. To assess the extent to which policies in local development documents are being implemented and to set out, where necessary, whether policies are being amended or replaced.

Key Aspects of the Local Development Scheme

3. The Council’s first Minerals and Waste Development Scheme (MWDS) was approved by the County Council Cabinet in March 2005 and became effective on 4th June 2005.

4. Work commenced on Minerals Development Documents during 2004/5 and an Issues and Options Report was subsequently prepared for consultation in June/July 2005 in accordance with the MWDS milestones. Further progress will however be delayed, primarily due to staffing problems.

5. Work commenced on Waste Development Documents at the end of 2004. Consultants engaged by the County Council carried out an extensive exercise to develop a substantial body of evidence from which relevant issues were identified. An Issues and Options Report was subsequently prepared for consultation in June/July 2005 in accordance with the MWDS milestones. Further progress will however be delayed, principally so that due account can be taken of the emerging Joint Municipal Waste Strategy, but also due to the greater than anticipated workload involved in identifying and assessing potential waste management sites.

6. Work commenced on the Statement of Community Involvement in November 2004. Stakeholder and community consultation was undertaken during March and April 2005 and a Draft Statement of Community Involvement was published for consultation in June/July 2005 in accordance with the MWDS milestones. Submission will need to be put back, however, to take account of greater than anticipated workload and

1 the need for re-consultation involving parish councils in adjacent authorities.

7. Consultation on Sustainability Appraisal Scoping Reports for the Minerals and Waste Development Documents took place between March and May 2005 in accordance with the MWDS milestones.

Key Aspects of the Policy Performance

8. There are a number of mandatory core indicators prescribed by the Office of the Deputy PM. Information has been provided in respect of these where information is available.

9. No other indicators are stated in this AMR because the new policies are still being formulated. It is envisaged that the Council’s preferred options and the related policies will be ready for consultation next year. Preparation of the policies will require clear objectives which will ‘feed’ into identifying relevant indicators.

10. A number of contextual indicators are being developed to assist in the understanding of some of the sustainability effects of the Development Plan Document policies. The Sustainability Appraisal Scoping Reports identified some potential indicators.

11. This report provides a brief outline of minerals and waste developments for Leicestershire in 2004/5, including the latest available mineral and waste data and information regarding major new developments.

12. This report also outlines the County Council's future intentions regarding policies in the adopted Minerals and Waste Local Plans, together with a summary of progress related to the release of allocated sites.

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1. Introduction

1.1 The Planning and Compulsory Purchase Act which came into effect in September 2004 introduced a new plan making system. The old system of regional planning guidance, structure, local, minerals, waste and unitary development plans has now been replaced by a Regional Spatial Strategy (produced by regional planning bodies) and Local Development Documents (produced by local planning authorities including the County Council as a Minerals and Waste Planning Authority).

1.2 Leicestershire County Council was previously responsible for preparing the Structure Plan and the Mineral and Waste Local Plans for Leicestershire. It is now responsible for preparing minerals and waste development documents for the Leicestershire area (and contributing towards the preparation of the Regional Spatial Strategy for the along with other planning authorities in the region).

1.3 The Planning and Compulsory Purchase Act 2004 requires every local planning authority to produce an Annual Monitoring Report for submission to the Secretary of State. This should contain information on the implementation of the Local Development Scheme (LDS) and the extent to which the policies set out in Local Development Documents (LDDs) are being achieved. The Report should cover the period 1 April to 31 March. A final report should then be submitted to the Secretary of State by 31 December.

1.4 This Annual Monitoring Report has been prepared to report on the County Council’s position in preparation of its Waste and Mineral Development Documents. The Waste Development Documents are being prepared jointly with Leicester City Council. The waste statistics provided therefore relate to the Waste Development Framework Area, comprising Leicestershire and Leicester City. The Minerals Development Documents are being prepared for the County of Leicestershire. Rutland County Council will prepare its own minerals and waste policies for its area.

1.5 This is the first Annual Monitoring Report (AMR) to be produced by Leicestershire County Council. Whilst the first AMR is only required to address the period since the commencement of the Planning and Compulsory Purchase Act 2004 (i.e. October 2004 to the end of March 2005), Government Guidance suggests that there may be advantages in assessing the whole year 2004/05. This AMR consequently covers the period from 1 st April 2004 to 31 st March 2005.

1.6 The Annual Monitoring Report has had regard to the following:

• Section 35 of the Planning and Compulsory Purchase Act 2004 (the 'Act'), which sets out the requirement for local planning authorities to produce an Annual Monitoring Report;

3 • Regulation 48 of the Town and Country Planning (Local Development) () Regulations 2004, which provides further details of this requirement;

• Planning Policy Statement (PPS) 12: Local Development Frameworks, which sets out the Government's policy on the preparation of local development documents, which will comprise the local development framework

• Local Development Framework Monitoring: A Good Practice Guide (ODPM), which explains how the requirements for local development framework monitoring can be achieved by local planning authorities.

• Regulation 17 of the Environmental Assessment of Plans and Programmes Regulations 2004 (the 'SEA Regulations'), which requires responsible authorities to monitor the significant environmental effects of the implementation of each plan or programme with the purpose of identifying unforeseen adverse effects at an early stage and being able to undertake appropriate remedial action.

1.7 Section 35 of the Act, Local Planning Regulation 48 and SEA Regulation17 require that Local Authorities must undertake five key monitoring tasks. They are required in their annual monitoring reports to:

• review actual progress in terms of local development document preparation against the timetable and milestones in the local development scheme; • assess the extent to which policies in local development documents are being implemented; • where policies are not being implemented, explain why and to set out what steps are to be taken to ensure that the policy is implemented; or whether the policy is to be amended or replaced; • identify the significant effects of implementing policies in local development documents and whether they are as intended; and • set out whether policies are to be amended or replaced.

1.8 The content of the main body of this report is as follows:

a. An explanation of how the preparation of the Development Plan Documents is progressing in relation to the timetables set out in the Minerals and Waste Development Scheme (MWDS). This part of the AMR considers the progress in meeting the targets and milestones set out in the MWDS. Indication is made of whether the preparation of each document is on, behind or ahead of target. If such preparation is behind target then an explanation is given and the need to up-date the MWDS is considered. Any timetable for such revision is set out.

b. An analysis of policy performance. The monitoring of the Local Plan/LDD policies requires a set of targets and indicators to be

4 developed in order to assess whether the Plans objectives are being met.

1.9 A set of local development framework core output indicators has been developed by the Office of the Deputy Prime Minister and is set out in the Good Practice Guide ‘Local Development Framework Monitoring’ (2005). All local authorities are expected to monitor these indicators which are considered to provide the basis for all Policy monitoring. Whilst it is recognised by the Government that local authorities may not be able to provide an immediate return on all of these indicators, the intention is that work towards meeting this goal should be progressed.

1.10 The Good Practice Guide identifies a strong relationship between the LDD Sustainability Appraisal (SA) Process and the AMR. Indeed the AMR is expected to form the basis for monitoring the indicators identified in the SA. As the adopted Minerals and Waste Local Plans preceded the new LDF system, such indicators have not been established. It is not considered to be practical to develop a set of indicators for documents that are to be superseded by new LDDs. The indicators will evolve in line with this process. These will be incorporated into the AMR once the Core Strategy LDDs have reached an appropriate stage.

1.11 The report has been submitted to the regional Government office (GOEM; Government Office of the East Midlands) and is available to local communities in hard copy and electronically on Leicestershire County Council’s website ( www.leics.gov.uk) .

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2. Minerals and Waste Development Scheme

Introduction

2.1 This section reviews progress in implementing the Council’s first Minerals and Waste Development Scheme (MWDS). The Development Scheme which was approved by the County Council's Cabinet on 8th March 2005 and subsequently forwarded to the Government Office for the East Midlands. The Minerals and Waste Development Scheme became effective on 4th June 2005.

2.2 The Minerals and Waste Development Scheme was prepared to meet the requirements of Part 2 of the Planning and Compulsory Purchase Act 2004. It provides a brief description of all development documents to be prepared, explains the relationship between existing and new documents and sets out a planned timetable with milestones for the preparation of the new the Minerals and Waste Development Framework documents. Because it is the first MWDS to be prepared under the new legislation, it also sets out the transitional arrangements to guide the move from the existing plan coverage to the new, and in particular it states which existing minerals and waste plan policies will be saved until the new plan documents are adopted.

2.3 Each proposed Local Development Document (LDD) identified in the MWDS is listed below together with a brief review of progress in meeting milestones to date. A general indication is given of where changes to milestones are thought likely to be needed. Progress on the Development Documents is shown in Figure 1 below.

6 Figure 1: Progress on the Development Documents. 2004 2005

Local Development Document A M J J A S O N D J F M A M J J A S O N

Statement of Pre-production scoping. Community Involvement

Consultation and participation on draft.

Submission.

Minerals Development Prepare issues and Documents alternative options & SA Scoping Report. Consultation on preferred options.

Waste Development Preparation of evidence Documents base.

Prepare issues and alternative options & SA Scoping Report. Consultation on preferred options.

Actual (black symbols) and Proposed (coloured bars) Date of publishing of SA Scoping Report. Date of consultation on draft SCI. Date of consultation on issues and options.

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DEVELOPMENT DOCUMENTS

2.4 The Minerals and Waste Development Scheme proposes that the following development documents are produced in respect of both minerals and waste:- (i) Core Strategy comprising a spatial strategy and vision, strategic objectives, core policies and a monitoring and implementation framework. (ii) Development Control Policies containing a limited number of policies which set out the criteria against which planning applications will be considered to ensure that the objectives of the Core Strategy are met. (iii) Site Specific Allocations and Policies (iv) Proposals Map which will express geographically the development plan policies.

Minerals Development Documents

2.5 A significant amount of work had taken place in preparing a Leicestershire and Rutland Minerals Local Plan 2001 - 2016. This document was approaching deposit draft stage when the Planning and Compulsory Purchase Act came into force. A Monitoring Report and Key Issues Consultation Paper was published in May 2003 and consultation on key issues took place in May and June 2003.

2.6 The Minerals and Waste Development Scheme indicated that work would commence on Minerals Development Documents in December 2004 and that issues and alternative options would be prepared between December 2004 to September 2005, with a view to consultation on preferred options in October – November 2005.

2.7 Work on issues and alternative options related to minerals has drawn on the previous work undertaken in 2003 together with some key considerations that were identified from subsequent discussion with the minerals industry during the latter part of 2003 and early 2004.

2.8 The County Council’s Cabinet approved a Minerals Issues and Options Report on 3rd June 2005. As part of the ongoing engagement process with interested parties, the Issues and Options Report was subject to consultation from 20th June until 1st August 2005 in accordance with the MWDS milestones.

2.9 Further progress on the Minerals Development Documents will be delayed, primarily due to staffing issues as a result of a key officer leaving the Council's employment and difficulties experienced in recruiting his replacement. A formal change to the Minerals and Waste Development Scheme is to be submitted affecting the publication and consultation on preferred options and subsequent stages.

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Waste Development Documents

2.10 The Minerals and Waste Development Scheme indicated that work would commence on Waste Development Documents (WDDs) in November 2004, with preparation of the evidence base up to February. Preparation of issues and alternative options was proposed between March 2005 and September 2005, with a view to consultation on preferred options in October – November 2005.

2.11 A contract was let from October 2004 for consultants (Atkins) to produce the Waste Development Documents, including a monitoring report on the existing Waste Local Plan, up to the preferred options stage. The consultants started work towards the end of last year.

2.12 The pre-production phase in bringing forward the WDDs has involved an extensive exercise in developing a substantial body of evidence from which it is possible to identify relevant issues that the development plan needs to address. Options that are available to deal with the issues were also identified during this exercise and developed from the evidence base for comment from relevant individuals, groups and other stakeholders. A Monitoring Report on the Leicestershire, Leicester and Rutland Waste Local Plan has been undertaken. This formed part of the base survey work for the Waste Development Documents. Other baseline work undertaken includes the preparation of a Baseline Environmental Review and Waste Needs Assessment.

2.13 The County Council’s Cabinet approved a Waste Issues and Options Report on 3rd June 2005. As part of the ongoing engagement process with interested parties, the Issues and Options Report was subject to consultation from 20th June until 1st August 2005 in accordance with the MWDS milestones.

2.14 It is anticipated that there will be some slippage to the remainder of the programme principally so that due account can be taken of the emerging Joint Municipal Waste Strategy. Slippage in the preparation of the Waste Site Allocations Document is also anticipated due to the greater workload involved in identifying and assessing potential waste management sites than was originally anticipated. A formal change to the Minerals and Waste Development Scheme is to be submitted affecting the publication and consultation on preferred options and subsequent stages.

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Minerals and Waste Proposals Map

2.15 This is a separate document in its own right, continually up-dated as new plans with land use implications are brought forward. Progress in meeting the milestones set out in the MWDS will be the same as for the individual Development Plan Documents.

OTHER FRAMEWORK DOCUMENTS

2.16 As well as the development plan documents, other documents are required to be produced by the Planning and Compulsory Purchase Act 2004 as part of the process of producing the development plan documents referred to above but these do not form part of the development plan.

Statement of Community Involvement

2.17 Section 18 of the Act requires the preparation of a Statement of Community Involvement (SCI). The SCI sets out the County Council’s policy for involving the community in the preparation and revision of the MWDF and planning applications.

2.18 The Minerals and Waste Development Scheme indicated that work would commence on a Statement of Community Involvement in November 2004, with pre-production scoping taking place up to April 2005. Consultation and participation on a draft SCI was proposed between June 2005 and July 2005, with a view to submission of the SCI in September 2005.

2.19 The Statement of Community Involvement is being prepared by Atkins as part of their contract with the County Council.

2.20 Stakeholder and community consultation was undertaken during March and April 2005 in accordance with the MWDS milestones to find out how the community wanted to be consulted on the WDF, the MDF and on matters of development control. In particular, it concentrated on ways of reaching the various groups and of the need for awareness of the issues being discussed. This comprised: • Workshops for a variety of stakeholder groups • A questionnaire to the Leicestershire County Council citizen’s panel • A letter, newsletter and questionnaire sent to all parish councils • Newsletters and questionnaires sent to all libraries and available on the Leicestershire County Council website • A series of open surgeries throughout the County.

2.21 A number of themes emerged strongly from this consultation, which have been taken on board in the preparation of the draft SCI.

10 2.22 On 3rd June 2005, the County Council’s cabinet approved the Draft Statement of Community Involvement (SCI) for a formal consultation that took place between 20th June and 1st August 2005 in accordance with the MWDS milestones.

2.23 Submission will need to be put back to take account of greater than anticipated workload and the need for re-consultation involving parish councils in adjacent authorities.

Sustainability Appraisal

2.24 According to the requirements of the Planning & Compulsory Purchase Act 2004 and the SEA Directive, the emerging Development Plan Documents which make up the Leicestershire Minerals and Waste Development Framework must be subject to Sustainability Appraisal (SA) which incorporates the requirements of the SEA Directive. This task is being undertaken by Atkins Ltd on behalf of Leicestershire County Council.

2.25 The Minerals and Waste Development Scheme indicated that SA Scoping Reports on the Minerals and Waste Development Documents would be prepared between December 2004 to September 2005.

2.26 A Scoping Report has been prepared as the basis for consultation with statutory consultees and other key stakeholders on the scope and level of detail of the SA. Consultation on the scoping of the SA took place between March and May 2005 in accordance with the MWDS milestones. Key stakeholders were invited to comment on the Report. In addition, the Scoping Report was available to the public on the Leicestershire County Council website.

2.27 Seventeen responses were received from the consultation on the SA Scoping Report, providing additional sources of information and suggested amendments to the SA Framework. Consultation responses will be incorporated into the ongoing SA work being carried out in the emerging Minerals and Waste DDs and reported in the final SA Report.

2.28 Based on responses from the Environment Agency and English Heritage, an amended SA Framework was used to assess the Minerals and Waste Issues and Options documents.

2.29 SA is inextricable from the Development Plan process. The appraisal is being constantly updated as information is received. As options are refined and narrowed to particular sites or policies, the SA will become more detailed. Final SA Reports will be published to accompany the Preferred Options for the individual DPDs being produced.

11 3. ANALYSIS OF POLICY PERFORMANCE

3.1 In the Good Practice Guide ‘Local Development Framework Monitoring’ (2005), the Office of the Deputy Prime Minister has established a mandatory set of local development framework core output indicators. All local authorities are expected to monitor these indicators which are considered to provide the basis for all Policy monitoring. Whilst it is recognised by the Government that local authorities may not be able to provide an immediate return on all of these indicators, the intention is that work towards meeting this goal should be progressed. This would require greater resources to be committed to monitoring work if this is to be achieved. Available information in respect of the core indicators for minerals and waste is set out below.

3.2 Currently there are no other indicators stated in this AMR because the new policies are still being formulated. It is envisaged that the Council’s preferred options and the related policies will be ready for consultation next year. Preparation of the policies will require clear objectives which will ‘feed’ into identifying relevant indicators.

3.3 Additional indicators will be included as and when data becomes available. It is likely that the commentary on progress will develop over time as trends become apparent. Policies in the adopted Minerals and Waste Local Plans are ‘saved’ until they are superseded by Minerals and Waste DD policies. The indicators will evolve in line with this process. It is not considered appropriate to develop a set of indicators for documents that are in the process of being superseded.

3.4 The Good Practice Guide identifies a strong relationship between the LDD Sustainability Appraisal (SA) Process and the AMR. Indeed the AMR is expected to form the basis for monitoring the indicators identified in SA. The adopted Minerals and Waste Local Plans preceded the new planning regulations that have altered the SA process.

3.5 Whilst such a set of indicators does not yet exist, a number of contextual indicators are being developed to assist in the understanding of some of the sustainability effects of the DPD policies. These contextual indicators have not been given consideration in this report, as it is not the objective of this AMR to assess this baseline situation. They will however be incorporated into the AMR once the Development Documents have reached an appropriate stage.

3.6 Baseline information provides the basis for predicting and monitoring environmental effects and helps to identify environmental problems and alternative ways of dealing with them. The draft SA Scoping Report included baseline data tables that record: • General indicators of relevance to the MWDF; • Quantified latest data; • Comparators (regional or national level data against which Leicestershire’s status can be compared);

12 • Targets for the indicators where they exist; • Trends for the indicators; and • Problems and constraints which arise.

3.7 Data was collated from a wide range of existing sources. No new data collection was undertaken. The datasets contained a substantial number of gaps. It is anticipated that supplementary data collection will continue throughout the MWDF development and SA process.

3.8 An important effect of the SA scoping consultation process was anticipated to be the strengthening of the evidence base, an issue highlighted as key to formulating sound LDFs under the new planning system. Consultees were therefore invited to comment on the data provided and to suggest additional information that could be incorporated into the baseline review in order to underpin the MWDF development process.

3.9 It is likely that the effects of policies will become more apparent as time passes and as a number of years of evidence have been gathered. It may be some years before trends start to become apparent and remedial action can be recommended. The AMR will seek to identify any such trends and consider the need for policy amendment. The actions needed to bring about such changes to policies or proposals will be considered and set out when appropriate.

MINERALS

3.10 Output indicators suggested by Government for minerals are as follows:

• Core 5a: Production of primary land won aggregates.

• Core 5b: Production of secondary/recycled aggregates.

Core 5a: Production of primary land won aggregates

3.11 The latest information is for 2003. Data protection issues are limiting the publication of more recent data. County information from the MPA/Regional Aggregates Working Party (RAWP) Annual Monitoring (AM) Survey for 2003 is as follows:

Igneous Rock 14,070,045 tonnes Limestone 1,596,045 tonnes Sand & Gravel 1,491,504 tonnes

Core 5b: Production of secondary/recycled aggregates.

3.12 No data available. Data is not collected at the County level. Regional information is available from ODPM for 2003.

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Commentary

3.13 In 2003, around 19.7Mt of minerals were sold that were extracted from sites in Leicestershire. This figure has consistently been around 20Mt in recent years. The quantities of the principal minerals are listed below: Mineral Sales Igneous Rock 14,070,045 tonnes * Limestone 1,596,045 tonnes * Sand & Gravel 1,491,504 tonnes* Clay & Shale 880,000 tonnes^ Fireclay 274,000 tonnes^ Gypsum 810,000 tonnes# Opencast Coal 586,000 tonnes~ Oil 9,000 tonnes< Total 19,717,339 tonnes Sources: * = MPA/RAWP Survey; ^ = Business Monitor PA1007; # = MPA estimate; ~ = MPA/POS Survey; < = DTI (2004 data).

3.14 Over the last 5 years, sales of igneous rock have remained at around 14 Mt per annum. Permitted reserves, as at December 2001, were 439Mt. The sub-regional apportionment for the County, as approved by the East Midlands Regional Assembly in February 2004, was 14.807Mt pa. Sufficient permitted reserves therefore exist for over 25 years based on this apportionment.

3.15 Sales of limestone were higher in 2003 than the previous 5 years, when sales were between 1.1 and 1.4Mt. There were 22Mt permitted reserves as at December 2001. The County Council has subsequently resolved to permit an extension to Breedon Quarry, which would release an additional 17Mt of limestone. The subregional apportionment for the County is 1.249Mt. There are therefore sufficient reserves for around 30 years.

3.16 Sand and Gravel sales have increased over the last 5 years. The sub-regional apportionment requires Leicestershire to make provision for 1.25Mt of sand and gravel per annum. The latest figure for permitted reserves within the County (as at January 2004) is 10.06 Mt. Based on the sub-regional apportionment figure, this gives a landbank of 8 years. Further reserves were permitted during 2004/5 at Husbands Bosworth (270,000 tonnes) and Slip Inn Quarry (756,000 tonnes).

3.17 A survey of brickclay operators carried out during late 2003 indicated that existing operations had around 21Mt of permitted reserves, which would be sufficient for about 30 years. A review of old mineral planning permissions at Heather Quarry was determined in 2004/5.

3.18 A survey of fireclay operators carried out during late 2003 indicated that existing sites do not have sufficient permitted reserves to meet needs for the duration of the MDF plan period. The long term provision and

14 management of valuable fireclay resources is a particular issue that was raised in the Minerals Issues and Options document.

3.19 As at 2003, some 18Mt of permitted reserves remain to be worked at the Barrow Gypsum mine. This represents sufficient reserves for around 20 years.

3.20 Coaling ceased at Hicks Lodge in July 2004, and at Albion in May 2005. Planning permission for the extraction of 725,000 tonnes of coal from the Long Moor Surface Mine Site, as Proposed by UK Coal, was refused in July 2004, but has subsequently been the subject of an appeal. The Secretary of State's decision is anticipated by May 2006.

3.21 Production of oil has continued at the Long Clawson A and C wells. Total production is in the order of 9,000 tonnes per annum.

WASTE

3.22 Output indicators suggested by Government for waste are as follows:

• Core 6a: Capacity of new waste management facilities by type.

• Core 6b: Amount of municipal waste arising and managed by management type, and the percentage each management type represents of the waste managed.

Core 6a: Capacity of new waste management facilities by type.

3.23 The following new waste management facilities were granted planning permission in 2004/05:

Materials Recycling Facilities - 4

Scrap Metal/ELV Facilities - 6

Incineration/Value Recovery Facilities - 5

Transfer Facilities - 1

Sewage Works - 1

Inert Landfill - 3.

3.24 A full list of the developments permitted is included in Appendix 2. The three inert landfill sites have a capacity of 116,700 cubic metres. Capacity information is not available for the remainder of the waste management facilities permitted during 2004/5.

3.25 The Onyx New Albion non-hazardous waste landfill site at Moira was issued with a PPC permit in 2004, planning permission having previously

15 been granted in 1999. The site is scheduled to be available to accept waste by the end of 2005. The site has a capacity of 3.9 million cubic metres.

Total Waste Arisings

3.26 In 2003/04 around 4Mt of waste was produced in Leicestershire, and this figure is expected to rise. The total quantity of waste arising in 2003/04 in the Waste Development Framework area is detailed in Table 1 below. Municipal (household, civic amenity and some commercial) waste accounts for about 14% of the total waste arisings.

Table 1: Quantities of Waste Arising by Type in the Waste Development Framework Area in 2003/04

Waste type Total Quantity tonnes Household 335,561 Civic Amenity 120,385 Commercial/ Industrial 1,069,187 Construction / Demolition 2,502,480 Clinical Non- Special 1,936 Clinical hazardous 367 Hazardous 28,344 Agricultural 769,139 Total 4,827,399

Sources: Household/Civic Amenity waste - County and City Councils Commercial and Industrial, Construction and Demolition & Agricultural waste – Draft Regional Waste Strategy figures adjusted by 5% to remove the quantity for Rutland Clinical waste – Environment Agency; Hazardous waste – Environment Agency 2002 figure with Waste Strategy estimated growth rates of 2%

3.27 Recycling rates for 2003/4 were in the order of 18% for municipal waste, 30% for commercial and industrial waste and 50% for construction and demolition waste. The remainder of the waste was landfilled in Leicestershire and exported to sites in Warwickshire, Northamptonshire and Lincolnshire. The quantities of waste handled by facility type within the Waste Development Framework Area is detailed in Table 2 below.

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Table 2: Quantities of Waste Handled by Facility Type within the Framework Area 2003/04

Facility Type Tonnes handled in 2003/04 Landfill Site 1,286,426 Transfer Station 458,155 Open windrow composting (licensed sites 27,136 only) Civic Amenity Sites 120,385 Materials Recovery Facilities 16,587 Scrap Metal Merchants* 2,345 Incinerators 0 Waste Storage 1,129 Sewage Treatment 24,170 Chemical Treatment 0 Physical Treatment 55,645 Exempt Facilities Unknown Total 1,991,978

Notes – The above tonnages are from the waste returns collated by the Environment Agency for licensed facilities within Leicestershire and Leicester City with the exception of civic amenity sites which were extracted from information supplied by the Local Authorities. * EA returns from scrap metal facilities are not complete for all facilities.

Municipal Waste Arisings

Core 6b: Amount of municipal waste arising and managed by management type, and the percentage each management type represents of the waste managed.

Table 3: Municipal Waste Arisings 1999/00 - 2004/05

Leicestershire Leicester Framework City Area 1999/00 326,142 137,969 464111 2000/01 340,979 139,349 480328 2001/02 358,663 146,218 504881 2002/03 371,933 153,066 524999 2003/04 366,981 147,782 514763 2004/05 385,821 152,319 538140 (Figures in tonnes)

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Table 4: Breakdown of Municipal Waste Arisings (Waste Development Framework Area) 2003/4 and 2004/5

2004/5 2003/4 Waste % of Waste % of (tonnes) total (tonnes) total Refuse 234,018 43.4% 269348 52.3% Collection Other 14,763 2.7% 17282 3.4% Household CA sites 75,144 14% 88780 17.2% Non- 60,120 11.2% 35659 6.9% household Recycled/ 154,095 28.6% 103694 20.1% Composted Total MSW 538,140 514763 Arisings

3.28 According to the Leicestershire, Leicester and Rutland Waste Local Plan, the amount of household waste collected within Leicestershire and Leicester (excluding Rutland) during the period 1998/1999 totalled 320,555 tonnes. The amount of civic amenity waste arising within this same period was 142,836 tonnes (excluding Rutland). The combined total of Household Waste and Civic Amenity Waste arising within Leicestershire and Leicester during 1998/99 was therefore 463,391 tonnes. Total Quantity tonnes 3.29 The total quantity of household waste arising in 2002/03 was 350,928 tonnes and 335,561 tonnes in 2003/04. This represents a 9.5% increase in the amount of household waste produced from 1998/99 to 2002/03 which equates to an average 2.4% increase per year. There was a 4.4% decrease in the household waste collected between 2002/03 and 2003/04.

3.30 Civic amenity sites waste tonnages have steadily decreased from 142,836 tonnes in 1998/99 to 131,172 tonnes in 2002/03, a total percentage reduction of 8.2% and an average decrease of 2% per year. Between 2002/03 and 2003/04 the tonnages received fell again by a further 8.2%. This can be attributed to increased controls of the type of waste accepted, with initiatives to reject potential trade and commercial wastes.

Management of Municipal Waste

3.31 In 2002/03 a total of 45,118 tonnes of household waste was recycled or composted by Collection Authorities including the City Council, compared to 56,308 tonnes recycled or composted household waste in 2003/04. This represents an average recycling rate of 12.9% in 2002/03 and 16.8% in 2003/04. In 2003/04, 47,390 tonnes of civic amenity waste was recycled which is a rate of approximately 39%.

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3.32 In 2002/03, 35,224 tonnes of green waste from doorstep collections and civic amenity sites was composted, compared to 37,594 tonnes in 2003/04. The green waste was taken to licensed open windrow composting sites within the County at Lount, Sibson and Kibworth, together with a limited number of small on-farm composting sites.

3.33 During the period 2003/04, 107,049 tonnes (38%) of household waste sent for disposal was landfilled within Leicestershire, whilst 172,204 tonnes (62%) was exported to landfills in Warwickshire, Northamptonshire and Lincolnshire for disposal. Of the 172,204 tonnes exported out of the County, 135,921 tonnes were exported via the waste transfer facilities at Syston and Bursom MRF, Leicester. There has, however, been a decline in the quantity of waste exported to landfill largely due to the implementation of various recycling initiatives by each of the Collection Authorities.

3.34 For the same period about 40% (29,071 tonnes) of the civic amenity waste sent for disposal was exported whilst 60% (43,924 tonnes) was landfilled within the framework area.

Other Waste

3.35 According to the draft Regional Waste Strategy the total quantity of commercial and industrial (C & I) waste arising in 1998/99 within Leicestershire, Leicester including Rutland was 1,248,000 tonnes. The Strategy forecasts this quantity (including Rutland) to be in the order of 1,125,460 tonnes by 2003 (i.e. 14% of the total regional figure for this waste stream).

3.36 According to EA returns, during 2003/04 approximately 600,000 tonnes of this waste stream was handled by facilities within the framework area.

3.37 The figure of 30% for recycling of commercial and industrial waste as quoted in the existing Waste Local Plan is considered to continue to be the best estimate in the absence of more accurate data.

3.38 The total quantity of construction and demolition (C & D) waste arising in Leicestershire and Leicester (including Rutland) during 1998/99 according to the Draft Regional Waste Strategy was 1,386,510 tonnes. The Strategy states that this has risen to as much as 2,634,190 tonnes by 2003 (i.e. 23% of the total regional figure for this waste stream). This figure is derived from the government’s 2003 national survey of waste.

3.39. Based on the anticipated arising of 2,502,480 tonnes for 2003/04 and the methods employed for dealing with C & D wastes in the East Midlands (from East Midlands Draft Regional Waste Strategy) the potential distribution of C & D waste for the framework area would be as follows: • Recycled aggregates and soil 49% x 2,502,480 = 1,226,215 t

19 • C & D waste and soil re-used on landfills for engineering and restoration 9% x 2,502,480 = 225,223 t • Used to backfill quarry voids 19% x 2,502,480 = 475,471 t • Inert materials recovered on exempt sites 11% x 2,502,480 = 275,273 t • C & D wastes disposed to landfill 12% x 2,502,480 = 300,298 t

3.40 The actual amount of inert C & D waste landfilled at sites within Leicestershire and Leicester (excluding Rutland) in 2003/04 according to the EA Waste Returns information was 430,477 tonnes.

3.41 The total quantity of clinical waste collected by District and Borough Councils excluding the City Council was 52 tonnes in the period 2002/03 compared to 47 tonnes in the period 2003/04. The decline in this tonnage can be attributed to certain types of clinical waste being declassified and hence permitted to be collected as part of the normal household waste collection service.

3.42 From the EA’s Hazardous Waste Tracker database, 27,788 tonnes of hazardous waste was disposed of at licensed facilities within Leicestershire and Leicester during 2002.

Existing Saved Development Documents

3.43 Regulation 48 of the Local Development Regulations 2004 requires the AMR to identify any policy (including 'saved' policies) which is not being implemented, the reasons why it is not being implemented, the steps (if any) that the authority intend to take to secure that the policy is implemented and whether the authority intend to prepare a Development Plan Document to replace or amend the policy.

3.44 Under transitional arrangements, adopted structure plans and local plans will become saved for a period of 3 years from the commencement of the Act, i.e. until 28 th September 2007. In Leicestershire this applies to the Leicestershire Minerals Local Plan adopted in May 1995, and the Leicestershire, Leicester and Rutland Waste Local Plan adopted in September 2002.

3.45 Those plans at an advanced stage of preparation at the time of the commencement of the Act can be saved for 3 years from the adoption of the plan. In Leicestershire this applies to the Leicestershire, Leicester and Rutland Structure Plan 1996 – 2016 which was adopted on 7 th March 2005.

3.46 The Structure Plan contains the following policies directly relevant to minerals and waste development:

 Resource Management Policy 6: Safeguarding Mineral Resources  Resource Management Policy 7: Land Release – Minerals  Resource Management Policy 8: Land Release: Waste Management

20  Resource Management Policy 9: Environmental Impact of Mineral Extraction and Waste Management  Resource Management Policy 10: Igneous Rock Extraction  Resource Management Policy 11: Coal Mining and Colliery Spoil Disposal  Resource Management Policy 12: Transportation of Minerals and Waste  Resource Management Policy 13: Restoration Aftercare and Afteruse  Resource Management Policy 14: Recovery of Waste.

3.47 The Minerals and Waste Development Scheme indicates the individual policies of the Minerals and Waste Local Plans which have been saved and how it is intended to replace or delete them when the new development plan documents are adopted.

3.48 It is proposed that the following existing Mineral Local Plan Policies be deleted as being no longer relevant or appropriate:

Policy 7 Liaison Committees Policy 8 Former Mineral Workings Policy 9 Review of Mineral Working Sites Policy 10 Derelict Land Reclamation Policy 14 Lower Level Restoration Policy 23 Ironstone Policy 26 Other Minerals Policy 29 Mineral Stocking Areas Policy 31 Removal of Mineral from Mineral Working Deposits Policy 35 Enforcement Policy 36 Plan Review

3.49 It is intended that the remainder of the MLP policies together with all the WLP policies will be replaced by policies in MDDs and WDDs.

3.50 Sites allocated in the Minerals Local Plan as extensions to the existing sand and gravel operations at Hemington, Ashby Parva and Husbands Bosworth have all received planning permission. The Plan identifies 3 new sand and gravel sites (Lockington, Brooksby and North Kilworth). The site at Lockington has been permitted (as a replacement for Hemington) and commenced working in 2001. Planning permission was issued in 2003 for the site at Brooksby, but development has yet to commence. A planning application in respect of land at North Kilworth was withdrawn in January 2005.

3.51 Sites allocated in the Minerals Local Plan as extensions at Shepshed, Ibstock and Desford Brickworks have all received planning permission.

3.52 A large landfill facility at Newhurst Quarry, Charnwood incorporating treatment and recycling facilities was identified as meeting the landfill disposal needs of Leicestershire, Leicester and Rutland in the Waste Local Plan. A planning application was made for the site, but an amended

21 application and new environmental statement are needed before a final determination can be made, and a PPC permit would also be required. Consequently the site has not yet become available. The total capacity of the landfill development at Newhurst Quarry was projected to be approaching 6,000,000 cubic metres.

22 APPENDIX 1 - GLOSSARY OF TERMS

LDF – LOCAL DEVELOPMENT FRAMEWORK

A portfolio of Local Development Documents which collectively deliver the spatial planning strategy for the County Council. The LDF also includes the Statement of Community Involvement, the Local Development Scheme (the Minerals and Waste Development Scheme in the County Council’s case) and the Annual Monitoring Report.

LDD – LOCAL DEVELOPMENT DOCUMENT

LDDs form part of the LDF. They can be either Development Plan Documents (DPD) that are part of the statutory development plan or Supplementary Planning Documents which expand policies set out in a DPD or provide additional detail.

DPD – DEVELOPMENT PLAN DOCUMENT

DPDs set out spatial planning policies for an area or topic. They are subject to independent examination and include the core strategy, site specific allocations of land, area action plans where needed, together with a proposals map.

PROPOSALS MAP

The Proposals Map expresses geographically, adopted development plan policies and proposals including those from saved documents. Areas of nationally protected landscape and other constraint areas are also detailed.

SPD – SUPPLEMENTARY PLANNING DOCUMENT

SPDs may cover a range of issues which may expand policy or provide further detail to policies in a DPD. They may take the form of design guides, area development briefs but cannot allocate land.

LDS – LOCAL DEVELOPMENT SCHEME

LDS is a statement of a planning authority’s programme for the production of LDDs. The LDS details which LDDs are to be produced and which are to be DPDs, the timing for their production and the area that they will cover. In the case of the County Council the LDS takes the form of a Minerals and Waste Development Scheme (MWDS).

SCI – STATEMENT OF COMMUNITY INVOLVEMENT

SCI sets out the County Council’s policy for involving the community in the preparation of and revision of LDDs and in dealing with planning applications.

23 SA – SUSTAINABILITY APPRAISAL

SA is a systematic process the purpose of which is to appraise the social, environmental and economic effects of the strategies and policies in a LDD. SA incorporates the requirements of the Strategic Environmental Assessment Directive.

SEA – STRATEGIC ENVIRONMENTAL ASSESSMENT

Planning authorities must comply with European Union Directive 2001/42/EC which requires formal strategic environmental assessment of plans and programmes that are likely to have significant effects on the environment.

24 APPENDIX 2

LIST OF PLANNING PERMISSIONS FOR WASTE MANAGEMENT FACILITIES 2004/5.

Materials Recycling Facilities

2004/0182/02 Ian Marshall Change of use of former indoor riding school to B2 use for recycling paper products to produce animal bedding materials, Cossington Stables 2004/1271/07 Leicester Paper Processors Use of site and premises in conjunction with adjacent waste paper recycling process, 2004/3467/2 East Midlands Metals Change of use to sorting, cutting baling and onward transfer of semi-precious metals. Bishop Meadow Road, Loughborough 2004/4027/02 De-Pack Change of use and erection of buildings in connection with paint can and aerosol recycling centre, Wymeswold

Scrap Metal/ELV Facilities

2004/0022/08 L.S.P.S. Retention of scrap metal yard to scrap metal and waste transfer and recycling operations and addition of litter prevention netting to existing perimeter fencing. 2004/0226/07 Miss Tammaro Use of land and building for dismantling vehicles and sale of parts. 2004/0550/02 East Midlands Metals Retrospective application for sorting, cutting, baling and onward transfer of semi-precious non ferrous scrap metals. 2004/0886/04 Flying Spares Ltd Continued use of premises for the dismantling of motor cars. 2004/0336/06 Mark Stevens Erection of building in order to prepare vehicles and equipment for scrap disposal. 2004/1146/04 E Taylor Recycling Erection of building to store and prepare vehicles for scrap disposal, Lynden Lea, Hinckley

Incineration/Value Recovery Facilities

2004/0121/04 M.V.Shepherd Installation of animal incinerator Stubble Hill Farm, Shenton 2003/3190/02 STW Proposed combined heat and power plant (CHP). Loughborough STW 2004/0529/06 STW Construction of a combined heat and power plant (CHP). Melton Mowbray STW 2004/0710/04 STW Construction of a combined heat and power plant. Hinckley STW 2004/3776/02 STW Proposed construction of two combined heat and power plants, Wanlip STW

25

Transfer Facilities

2004/1458/07 R.J.Stanley Extension to existing steel portal frame building, Waste Transfer Station, Trent Lane, Donington.

Sewage Works

2004/0046/03 STW. New sewage treatment works. Cold Newton

Inert Landfill

2003/0441/06 M.Collard Improvement of agricultural land through the importation of circa 11,000cu.m of inert soils and clays over a 12 month period (Clean uncontaminated soils and subsoils) 2004/0485/03 Mr T F Parr Proposed importation of inert soils to reprofile land rear of the Old Rectory, Gumley. (2700cu.m.) 2004/1356/02 Alan & David Carpenter Infilling of existing borrow pit with inert subsoil and/or non-organic building materials. Rothley Borrow Pit (103,000 cu.m)

26