Gloucestershire Waste Core Strategy (WCS) Statement of Publication Representations & Key Issues Prepared in accordance with Regulation 30(e) of the Town & Country Planning (Local Development) (England) (Amendment) Regulations 2008 September 2011 1 | P a g e Contents 1. Introduction 2. Number of Representations 3. Key Issues Raised at Publication 4. Key Issues Raised at Focused Changes Appendices Appendix 1 – List of Consultees Appendix 2 – List of Publication Respondents Appendix 3 – List of Focused Change Respondents 2 | P a g e 1. Introduction 1.1 This statement has been prepared in support of the submission Gloucestershire Waste Core Strategy (WCS) in accordance with Regulation 30(e) of the Town and Country Planning (Local Development) (England) (Amendment) Regulations 2008. 1.2 The purpose of the statement is to set out the number of representations made in response to the publication WCS in accordance with Regulation 28(2) and to summarise the main issues raised by respondents. 1.3 The statement should be read in conjunction with the other WCS submission documents available online at www.gloucestershire.gov.uk/wcs/submission at the Council's main offices, all local libraries and District Council offices. 3 | P a g e 2. Number of Representations 2.1 Following an extensive process of stakeholder engagement, the Gloucestershire WCS was formally published on 13th December 2010 with representations invited over a 6-week period until 7th February 2011. 2.2 Copies of the publication documents were made available online, at all local libraries, at the County Council's main offices and in all Gloucestershire District Council offices. 2.3 A broad range of organisations and individuals were invited to comment. Appendix 1 sets out a list of the ‘specific’ and ‘general’ consultation bodies that were notified. 2.4 In addition, over 1,000 ‘other’ individuals and organisations held on the Council’s in- house database were contacted. The database has been developed over several years and consists of a range of different people and organisations that have previously expressed an interest in the WCS process. The complete list is too long to include in this statement but can be made available on request. 2.5 Residential and business properties located in close proximity to the four strategic sites allocated in the publication WCS were also notified in writing and invited to comment. 2.6 In response to the publication a total of 191 representations were received from 41 individuals and organisations in accordance with Regulation 28(2) of the Town and Country Planning (Local Development) (England) (Amendment) Regulations 2008. 2.7 In addition, a further 25 representations were received from 7 individuals and organisations after the deadline for submitting representations had expired. 2.8 Although some were submitted late, the Council has taken all representations into account. The key issues raised by respondents and the Council's response to these, is set out in Section 3.0 below. 2.9 A list of all those who responded at the publication stage is attached at Appendix 2. 2.10 Whilst it is the Council's view that none of these representations raise fundamental issues of soundness, the Council decided it would be beneficial to publish a revised version of the WCS incorporating a number of 'focused changes'. 2.11 Further comments on the ‘focused changes’ were invited over the 6-week period 27th June – 8th August 2011. The same notification procedures outlined above were repeated. 4 | P a g e 2.12 In response to the 'focused change' consultation, a total of 222 representations were received from 50 individuals and organisations in accordance with Regulation 28(2) of the Town and Country Planning (Local Development) (England) (Amendment) Regulations 2008. 2.13 In addition, a further 5 representations were received from 5 individuals and organisations after the deadline for submitting representations had expired. 2.14 Although some were submitted late, the Council has taken all representations into account. The key issues raised and the Council's response is set out in Section 4.0 below. 2.15 A list of all those who responded to the focused change consultation is attached at Appendix 3. 5 | P a g e 3. Key Issues Raised at Publication 3.1 The key issues raised by stakeholders in response to the publication WCS (December 2010) were as follows: . Landfill capacity . Commercial and Industrial (C&I) waste arisings . Municipal waste arisings . Zero-growth target . Recycling/composting target . Anaerobic digestion (AD) . Bulking and transfer . Current planning application at Wingmoor Farm (East) . Combined heat and power (CHP) . Sustainable transport . The promotion of small-scale dispersed facilities . Integration of municipal and commercial and industrial waste . Habitat Regulations Assessment (HRA) . Composting requirements 3.2 These issues are explained below together with the Council's response. Landfill Capacity 3.3 The publication WCS sets out the situation in relation to current landfill capacity in Gloucestershire. For non-hazardous landfill it states that there is 'at least 10-13 years remaining capacity although this is a conservative estimate and could be significantly longer'. For hazardous waste it is estimated that there is around 22 years of remaining capacity. The footnotes to these estimates explain that they depend on whether planning permission is granted in relation to the current planning application at Wingmoor Farm (East). If permission is refused there will be less non- hazardous and hazardous landfill capacity available. 3.4 The WCS also explains that there is significant available capacity for inert waste material both at landfill operations and through other permissions including mineral restoration and engineering. 3.5 Relevant background information is set out in Section 11 of the Technical Paper WCS – A Waste Data Update (2010) which provides the most up to date position on landfill at the time of publication of the WCS. It provides a discussion of the waste data in relation to landfill and any assumptions made by the WPA. 3.6 Given the level of landfill capacity which is currently available, the WCS does not make specific provision for additional landfill but acknowledges that the situation will need to be reviewed regularly, with preparation of a landfill development plan document (DPD) to commence by 2017/18. 6 | P a g e 3.7 The Environment Agency (EA) in responding to the publication WCS has confirmed that it is happy with the Council's approach towards landfill capacity and provision. However, objections have been received from the landfill operators themselves. 3.8 Cory Environmental who operate the non-hazardous landfill sites at Hempsted (Gloucester) and Wingmoor Farm (West) suggest that the non-hazardous estimate of 10-13 years is an underestimate because the Council has under-estimated the amount of remaining landfill voidspace available and have over-estimated the likely annual waste input to these sites by not taking into account potential future reductions to landfill e.g. as a result of landfill tax. 3.9 Conversely, Grundon Waste Management Ltd. who operate the non-hazardous and hazardous landfills at Wingmoor Farm (East) argue that there is less than 10-13 years capacity remaining because the Council has under-estimated the amount of commercial and industrial (C&I) waste in Gloucestershire and has made the presumption that landfill capacity will continue to remain available at Wingmoor Farm (East) despite the fact that the current planning application at the site has yet to be determined. 3.10 In light of this, Grundon argue that at the present time, permitted non-hazardous landfill voidspace is less than 5 years and as such the WCS should include a policy on landfill or an earlier commitment to prepare a landfill DPD. Council's Response 3.11 Section 11 of the WCS-A Waste Data Update (2010) sets out the latest data sources for landfill at November 2010 and assumptions that lead to an overall conclusion that there is sufficient landfill void for the time being and that there is no requirement for the WCS to have a specific policy at the present, based on the evidence. However it acknowledged that landfill still plays a role for integrated waste management in the future and that this issue will need to be kept under review. Hence the WCS suggest that such a review could potentially begin in 2017/18. This could commence earlier or later subject to ongoing monitoring. 3.12 As the main respondents to this matter are the two main landfill companies who have landfill operations in Gloucestershire they are both effectively suggesting a different outcome to that suggested in the WCS. Grundon are suggesting that landfill will have run out in five years and Cory Environmental suggest that landfill will last considerably longer than the 10-13 year range indicated by the WPA. The WPA has since had discussions with these operators concerning their representations. The WPA considers that the concerns that have been raised stem from making alternative assumptions as to what the outcome for future landfill might be. There are if you like alternative ‘what ifs’. In fairness to the respondents the WPA has returned to this issue because clearly it is in everyone’s interests to have a robust position on landfill data and what that means for future landfill provision and policy. 7 | P a g e Below we explore some alternative scenarios in line with the issues raised by the respondents and then come to a conclusion as to whether any amendments are required within the WCS. 3.13 It should be noted that future landfill capacity isn’t a new issue. The WPA explored six potential alternative scenarios in the Technical Evidence Paper WCS-A Waste Data (2007). The baseline at that point in time was that the 2005 managed figure indicated a throughput of around 500,000 tpa of non-hazardous biodegradable waste being sent to landfill (residual MSW & C&I) and around 220,000 tpa of inert material going to licensed landfill.