BUCKINGHAMSHIRE COUNTY COUNCIL
BUCKINGHAMSHIRE COUNTY COUNCIL
AUTHORITY'S MONITORING REPORT (2011/12)
AUTHORITY'S MONITORING REPORT (2011/12)
Buckinghamshire County Council – Authority’s Monitoring Report 2011/12
Contents 1 Purpose and Context of the Authority’s Monitoring Report
Page 3
2 Progress Report on Local Plans
Minerals and Waste Local Development Framework Duty to Cooperate
Page 5 Page 5 Page 7
3 Development Management & Planning Enforcement Updates Page 9
Development Management Pre-application Advice and Guidance Site Monitoring
Page 9 Page 9 Page 10
- Page 11
- Compliance and Enforcement
4 Minerals
Page 13 Page 13 Page 15 Page 16 Page 17 Page 18 Page 19
Aggregates Production and Sales Production of Recycled/Secondary Aggregates Rail aggregate depots Minerals Safeguarding and Area of Search Non Aggregate Minerals Planning permissions for Mineral Extraction Sites
5 Waste
Page 21 Page 21 Page 22 Page 23 Page 25 Page 27 Page 28
Waste Prevention and Reduction Waste Management Municipal Solid Waste Future Energy Recovery Capacity Waste Imports and Exports Waste Capacities in Buckinghamshire
6 Environment
Page 31 Page 31 Page 31
Protection Enhancement
7 Policy Implementation
Page 33 Page 35 Page 40 Page 42
Appendix 1 – Core Strategy Indicators Appendix 2 – Minerals and Waste Core Strategy Adoption Statement Appendix 3 – Buckinghamshire Minerals and Waste Local Development Scheme 2012-2015
- Appendix 4 – Progress on County Matter planning applications
- Page 43
Page 44 Page 50 by quarter between 1st April 2009 and 31st March 2012 Appendix 5 – Planning applications for minerals and waste facilities in Buckinghamshire determined between 1st April 2011 and 31st March 2012
Appendix 6 – Minerals and Waste Strategic Objectives
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Buckinghamshire County Council – Authority’s Monitoring Report 2011/12
Appendix 7 – Supplementary planning guidance note 5 –
- Mineral Consultation Areas
- Page 51
Page 52 Page 53 Page 58 Page 62 Page 64
Appendix 8 – HWRC Municipal Waste 2011/12 figures (tonnes) Appendix 9 – Waste facilities and capacities in Buckinghamshire Appendix 10 – Restoration and aftercare schemes 2011/12 Appendix 11 – Maps of restoration and aftercare schemes Glossary
List of figures
Figure 1: The Minerals and Waste Local Development Framework Figure 2: Progress of the Minerals and Waste Core Strategy Development Plan Document Figure 3: Planning Applications for Minerals and Waste Development Received and Determined 2009/10 to 2011/12
Page 5 Page 7 Page 9
Figure 4: Targeted and Actual Site Monitoring Visits Carried Out in 2011/12 Figure 5: Enforcement Cases Received and Resolved 2009/10 to 2011/12 Figure 6: Formal Enforcement Action by Type 2009/10 to 2011/12 Figure 7: Active, Dormant, Ceased and Inactive Aggregate Sand and Gravel Sites in Buckinghamshire 2011/12
Page 11 Page 12 Page 12 Page 14
Figure 8: Sales of Sand and Gravel in Buckinghamshire 1997-2011 Figure 9: Active/Inactive sites producing secondary & recycled aggregates Figure 10: Sales of Aggregate at Rail Depots, Buckinghamshire, Milton Keynes and Oxfordshire, 2003-2010
Page 15 Page 16 Page 16
Figure 11: Operational Aggregate Rail Depots included within the amalgamated sales tonnages for Buckinghamshire, Milton Keynes and Oxfordshire
Page 17
- Page 18
- Figure 12: Active, Dormant, Ceased and Inactive Clay and Chalk Sites
in Buckinghamshire 2011/12
Figure 13: Map of Minerals Sites Figure 14: Waste arising in Buckinghamshire Figure 15: Waste managed in Buckinghamshire Figure 16: Buckinghamshire MSW arisings (Tonnes) - figures rounded Figure 17: Buckinghamshire Local Authority Household Recycling Rates 2010/11 and 2011/2012 (tonnes)
Page 20 Page 23 Page 23 Page 24 Page 24
Figure 18: Total MSW landfilled for the period 2004/05 to 2010/11 Figure 19: The Waste Planning Strategy Figure 20: Principal Net 2011 Waste Flows (excluding London) (tonnes) Figure 21: Approved applications generating additional waste capacity Figure 22: Location of major waste management/disposal facilities in Buckinghamshire.
Page 24 Page 26 Page 28 Page 29 Page 30
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Buckinghamshire County Council – Authority’s Monitoring Report 2011/12
1. Purpose and Context of the Authority’s Monitoring Report
1.1.This is the first monitoring report published by Buckinghamshire County Council following changes to planning legislation made by the publication of the National Planning Policy Framework (NPPF) and the Localism Act 2011. As such, this document differs from previous Annual Monitoring Reports; it is now referred to as the Authority’s Monitoring Report and covers a wider range of issues. The Localism Act removes the need for the report to be submitted to the Secretary of State, yet the purpose of the report remains broadly the same. The Authority’s Monitoring Report (AMR) seeks to monitor the effectiveness of the Council’s planning policy.
1.2.The AMR seeks to fulfil the requirements of The Planning and Compulsory
Purchase Act 2004 and the Town and Country Planning (Local Planning) (England) Regulations 2012 by providing the following information in relation to the Minerals and Waste Local Development Framework:
The title of the plans or supplementary planning documents specified in the
Local Development Scheme (LDS), the timetable for the preparation of these documents, and the stage that each of these documents has reached in its preparation.
A statement of adoption and the date of adoption of any local plan or supplementary planning document included in the LDS that has been adopted or approved during the monitoring period.
The extent to which policies set out in the local development documents are being achieved, the identification of any policies not being implemented and a statement of reasons as to why, and any steps that the Council intends to take to secure the implementation of these policies.
Any actions that have taken place during the monitoring period under section
33A of the Localism Act 2011, which relates to the new ‘duty to co-operate’.
1.3.It is important to note that this report is made in an evolving local policy context.
The monitoring period covered by this AMR runs from 1 April 2011 to 31 March 2012, at which time the development plan for minerals and waste development in Buckinghamshire comprised of the Buckinghamshire Minerals and Waste Local Plan 2004-2016. However, on 22nd November 2012, the Council adopted the Buckinghamshire Minerals and Waste Core Strategy which will form part of the Buckinghamshire Minerals and Waste Local Development Framework (see below). This replaces some of the existing policies in the Buckinghamshire Minerals and Waste Local Plan 2004-2016.
1.4.The Minerals and Waste Core Strategy contains a number of key indicators which form part of the Council’s strategic ‘plan, monitor and manage’ approach to ensure that the Minerals and Waste Core Strategy is able to respond effectively to change. Policy such as the MWCS enables planning applications for minerals and waste to be determined by the Council in accordance with local priorities and section 70 of the Town and Country Planning Act. Monitoring against key indicators will help to identify the extent to which policies set out in the Minerals and Waste Core Strategy (and in future, the policies set out in the Minerals and Waste Local Plans), are being used effectively, and will be included in future AMRs.
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Buckinghamshire County Council – Authority’s Monitoring Report 2011/12
1.5.Although the Minerals and Waste Core Strategy was not adopted until after the
2011/12 monitoring period covered by this AMR, and therefore data had not been gathered specifically in relation to the Minerals and Waste Core Strategy indicators, this AMR still seeks to make reference to these indicators where appropriate and possible. Where data relating to the Core Strategy indicators was found to be readily available for the 2011/12 monitoring period, this data has been included and published in this AMR.
1.6.The 2011/12 AMR therefore provides a commentary of this period of transition.
This AMR also identifies areas where additional information will need to be collected and analysed in future years for inclusion in subsequent AMRs in order to successfully monitor the implementation of new and emerging policies. A full list of Core Strategy Indicators is included in Appendix 1.
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Buckinghamshire County Council – Authority’s Monitoring Report 2011/12
2. Progress Report on Local Plans
Minerals and Waste Local Development Framework
2.1.The Development Plan against which planning applications for minerals and waste development in Buckinghamshire are assessed consists of saved policies in the Buckinghamshire Minerals and Waste Local Plan 2004-2016 and the Buckinghamshire Minerals and Waste Local Development Framework. The Minerals and Waste Local Development Framework will eventually replace all of the saved policies in the Buckinghamshire Minerals and Waste Local Plan 2004- 2016.
2.2.The Minerals and Waste Local Development Framework is a suite of documents as shown in Figure 1.
Figure 1: The Minerals and Waste Local Development Framework
2.3.The Local Development Scheme (LDS) sets out the Council’s programme for
preparing the constituent parts of the MWLDF. A revised LDS was published in August 2012, which set out the work programme for the next three years as follows:
Minerals and Waste Core Strategy (MWCS) – setting out the Council’s strategic
policy framework for mineral extraction and waste management in Buckinghamshire to 2026, and including the allocation of the sites most critical to delivering the Council’s waste strategy. Following consultation on the draft Core Strategy in September 2011, submission to an independent planning inspector in November 2011 and subsequent hearings in February 2012, the MWCS was scheduled for adoption in November in 2012 and was formally adopted by the County Council on 22nd November 2012. A copy of the Adoption Statement is included in Appendix 2.
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Buckinghamshire County Council – Authority’s Monitoring Report 2011/12
Minerals Local Plan (MLP) – will identify Preferred Areas for mineral extraction to take place, and contain detailed Development Management Policies to guide the determination of planning applications for mineral extraction and associated development within the county. Preparation is due to commence in 2013, with adoption timetabled for December 2014.
Waste Local Plan (WLP) – will contain site allocations for certain waste management facilities and provide the detailed Development Management Policies to guide the determination of planning applications for waste management and associated development within the county. Preparation is currently due to commence in 2014 with adoption timetabled for February 2016.
2.4.Also included in the Minerals and Waste Local Development Framework is the
Statement of Community Involvement (SCI) adopted in 2007, which sets out the
Council’s standards and approach to involving the wider community in Buckinghamshire in the production of the Minerals and Waste Local Development Framework and in the consideration of major minerals and waste planning applications. Since the SCI was adopted in 2007, a number of changes to the guidance and requirements around consultation have been made, including the introduction of the Planning Act 2008, the Localism Act 2011 and the publication of the Local Planning Regulations (2012). In light of these changes, the County Council intends to review and update the existing SCI with input from the relevant Cabinet Members. This review will be included in the forthcoming revision to the Council’s Local Development Scheme.
2.5.Figure 2 below shows the actual progress of developing the MWCS against the key milestones set out in the both the June 2011 LDS and the revised August 2012 LDS. This shows that the majority of key milestones set out in the June 2011 LDS for the progression of the MWCS were met at their target dates. Exceptions to this occur post Examination and can be attributed to the need to consult on a number of Proposed Changes as a result of discussions which took place at the hearing sessions. This consultation took place between May and June 2012 and was accounted for in the revised LDS published in August 2012.
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Buckinghamshire County Council – Authority’s Monitoring Report 2011/12
Figure 2: Progress of the Minerals and Waste Core Strategy Development Plan Document
Key Milestone
LDS
(June 2011)
LDS
(August
2012)
N/A
Actual Date
Public
September
2011
September 2011
Consultation on Published Plan Submission to Secretary of State
November
2011
N/A N/A
November 2011 February 2012
Examination
February
2012
Inspectors Report
May 2012 September September 2012.
2012 Following the hearing sessions,
Received
the Council proposed a number of changes necessary to ensure the soundness of the plan, requiring further consultation to be carried out and resulting in a delay to the programme outlined in the 2011 LDS.
Adoption
- July 2012
- November November 2012
2012
2.6.The preparation of the MLP is now commencing. The current timetable for progression of both the MLP and WLP is set out in the August 2012 LDS, which has been reproduced and included as Appendix 3 of the AMR. However, the Council is currently reviewing its programme for the production of the MLP and WLP in light of recent legislative changes and internal resource demands, and therefore intends to publish a revised LDS in 2013. This revised timetable will also make reference to the Council’s intention to review its existing SCI.
Duty to Cooperate
2.7.The Localism Act 2011 introduced the ‘duty to cooperate’ which requires Local
Authorities to actively engage throughout the plan making process (although not necessarily agree) with certain bodies and organisations prescribed in the Act and in the Town and Country Planning (Local Planning) (England) Regulations 2012.This obligation applies to all plans submitted to the Secretary of State after 15th November 2011. As the Minerals and Waste Core Strategy was prepared prior to this, the duty to cooperate was deemed not to have been applicable to its preparation.
2.8.The MWCS was prepared in full compliance with the Council’s adopted SCI and also exceeded the minimum consultation requirements set out in the previous local planning regulations. This included carrying out extensive consultation with statutory and non-statutory consultees, including local and neighbouring authorities. The consultation on the Minerals and Waste Core Strategy Submission Plan took place from 5th September to 21st November 2011 and included the Environment Agency, English Heritage, Natural England, the Secretary of State for Transport, the Homes and Communities Agency, the Coal Authority, the Health and Police Authorities, District and Town/Parish Councils both within the County
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Buckinghamshire County Council – Authority’s Monitoring Report 2011/12
and adjoining it, neighbouring County Councils, utilities, interest and amenity groups, education establishments, voluntary organisations, the minerals and waste industry. Other business interests, planning consultancies, land agents and individuals, generating a total of 381 representations.
2.9.A full list of the consultation methods, consultation bodies, and the Council’s response to the representations made were included in the Consultation Statement submitted to the Planning Inspector prior to the hearing sessions. The Consultation Statement is available through the Minerals and Waste Core Strategy Examination Library, referenced as document numbers CS 1.7 and CS 1.8. The Examination Library contains all documents submitted by both the Council and other interested parties during the examination hearing sessions and can be viewed on the Buckinghamshire County Council Website using the following link:
http://www.buckscc.gov.uk/bcc/waste_mineral_plans/mwcs_library.page.
2.10.
During the preparation of forthcoming plans, the Council will engage with other authorities in accordance with the requirements of the Localism Act 2011. In addition, the Council attends regular meetings with the South East England Aggregates Working Party (SEEAWP). This is a body of local mineral planning authorities and representatives of the minerals industry. The Council’s forthcoming annual Local Aggregate Assessment will be submitted to SEEAWP for consideration in order to ensure that the annual supply requirement for Buckinghamshire is compatible with local and regional demand.
2.11.
The Council similarly also attends regular SEWPAG (South East Waste
Planning Advisory Group) meetings, which help to ensure that strategic waste planning issues are dealt with consummate regard to the duty to cooperate.
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Buckinghamshire County Council – Authority’s Monitoring Report 2011/12
3. Development Management & Planning Enforcement Updates
Development Management
3.1.The Development Management Team processes planning applications and provides pre-application guidance and advice for minerals and waste planning applications.
3.2.Figure 3 below shows the number of minerals and waste planning applications received and determined by the Council from 2009/10 through to 2011/12. Full data relating to the number of applications received, withdrawn, determined and on hand per monitoring year by quarter is available in Appendix 4.
Figure 3: Planning Applications for Minerals and Waste Development Received and Determined 2009/10 to 2011/12
- Monitoring Year
- Applications
- Applications
- Received
- Determined
2009/10 2010/11 2011/12
16 23 33
16 18 32
3.3.The number of minerals and waste planning applications received by the Council overall continues to increase, with this figure almost doubling since 2009/10. Of the 32 applications determined within the monitoring period, 75% were determined within the Council’s 13 week target for determination. The number of applications determined over the 2011/12 period includes full planning applications for new minerals or waste sites, applications to vary conditions attached to existing planning permissions and applications seeking to make non-material amendments to existing planning permissions. A full list of all applications determined during the financial year 2011/12 is included in Appendix 5.