Planning

1. Planning

2. Planning Current legislation : Town and Country Planning Act 1990 - This is a consolidation Act. Planning (Listed Buildings and Conservation Areas) Act 1990 Planning (Hazardous Substances) Act 1990 Planning (Consequential Amendments) Act 1990 Planning Compensation Act 1991 Environment Act 1995

3. Planning Structure Local Planning Authorities Deals with applications Secretary of State Hears appeals and can “call in” applications

4. Planning Development Plans Structure Plan - County Council Local Plan - District Council

5. Planning National Waste Strategy (1) Local Waste Plan - scrap yards, - incineration, - landfill and landraise, - recycling and waste transfer, - waste processing, - composting, - storage and treatment centres. It should take account of the mineral plan.

6. Planning National Waste Strategy (2) It should correspond with the structure plan by - identifying existing sites, - identifying future sites, - set out policies and criteria against which applications for waste management can be determined. They must take into account: - self sufficiency, - targets for minimisation and recycling of waste, - incineration and other treatments and waste disposal plans under S.50 EPA.

7. Planning Planning Permission required for “developments” "Development" means: the carrying out of building, engineering mining or other operations in, on, over or under land or the making of any material change in the use of any buildings or other land - whether such change is material will depend upon whether it has a substantial physical impact on the land that is relevant to the town and country planning.

8. Planning Special rules Use Classes Orders (such as The Town and Country Planning (Use Classes) Order 1987) General Development Orders (such as the Town and Country (General Permitted Development) Order 1995) Special Development Orders

9. Planning Planning and the Environment 1. Development Plans 2. Planning permission 3. Conditions

10. Planning Government Circular 14/85 - presumption in favour of development “There is always a presumption in favour of allowing applications for development having regard to all material considerations unless the development would cause demonstrable harm to interests of acknowledged importance”

11. Planning Gateshead Metropolitan Borough Council v Secretary of State for the Environment (1993) The planning system should not duplicate other bodies’ controls It must be assumed that the pollution control provisions will be properly applied and enforced

12. Planning PPG note 23 states that: 1.The planning system should not duplicate other bodies’ controls. 2.Planning controls and pollution controls are complimentary 3.Decisions on developments that may pollute must be made in accordance with the Development Plan and EU Directives. 4.Planning authorities should consult with the relevant pollution control authorities but it must be assumed that the pollution control provisions will be properly applied and enforced. 5.The planning decision should focus on whether the development is an acceptable use of the land rather than the control of the processes or substances themselves.

13. Planning Material considerations are: a) availability of land for a potentially polluting development b) the sensitivity of the area c) the impact on amenity d) any environmental benefits from the project e) the state of the site (contaminated ?) f) the proposed after use of the site and feasibility restoration g) prevention of pollution from smoke fumes, gas, smell etc h) impact on roads or other transport networks; i) feasibility to restoring land for appropriate after use.

14. Planning Planning considerations are: a) phasing of operations, b) the extent of tipping, c) access to an from the site, d) the general nature of the waste, e) restoration plans, f) after-care for a short term period.

15. Planning The criticisms of the PPG are that: The line between the planning authorities’ considerations and the work of pollution control bodies e.g. - the possibility of land contamination arising from the proposed development - protection and remediation. - impact of any discharge of effluent or leachates; - the risk of toxic releases; - the waste generated by the development. However these matters can only be taken into account to the extent that they have land use implications.

16. Planning EU Directive 85/337 Town and Country Planning Assessment of Environment Effects Regulations 1988

17. Planning Schedule 1 projects must be the subject of an Assessment . - crude oil refineries; - thermal power stations; - nuclear power stations; - installations for the disposal of radioactive waste; - integrated works for the initial melting of cast iron and steel; - installations involving asbestos extraction & processing; - chemical installations; - motorways and major roads; - trading ports; - special waste incineration; - landfill.

18. Planning Schedule 2 projects only require environment assessment where there are likely to be significant environmental effects by virtue of factors such as the nature size or location of the project agriculture extractive industries and energy; Circular 15/88 sets out criteria, a) whether the project is of more than local significance in terms of its size and physical scale; b) the sensitivity and location of the development; c) the polluting effect of the development and whether or not it is likely to give complex or adverse effects.

19. Planning Reasons Improve the procedure Better inform the planning process EU's policy principle of prevention. DoE Circular 15/88

20. Planning Scoping Statutory Consultees Public 21 days for inspection 21 days for representations

21. Planning EIA a) A description of the proposed development, including information about the site and design and scale of the development. b) The data necessary to identify and assess the main effects on the environment. c) A description and assessment of the likely significant effects direct or indirect on the environment. d) Where adverse effects are identified a description of the measures to avoid reduce or remedy the effects. e) A non-technical summary of the information provided.

22. Planning Environmental effects include: physical environment, human beings, flora, fauna, soil, waste, climate, landscape, material assets, and cultural heritage

23. Planning Potential EIAs may be applied to policies not just projects It is potentially a completely integrated and interdisciplinary process with information relating to all areas of a development policy or project being analysed. It also is a practical implementation of the precautionary principle. It further engenders the principle of stewardship in that humans do not act without taking account and responsibility for the results of their actions. It forms a bridge between the prescriptive pollution controls and the development and use of land

24. Planning Disadvantages of the EU/UK Version 1. Only applies to projects not to policies 2. Only forms a pathway for information 3. Only requires the decision makers to receive the information - there is no screening; 4. Does not prevent environmentally damaging projects 5. No measure of effectiveness 6. EAs are carried out by the developer 7. Only consultation 8. Conditions at discretion of planning authorities

25. Planning 1. No obligation developer to state need for scheme 2. Developers state problems and mitigate. the developer has paid for the EA and own experts the developer has resources to examine site & put case in the best light - scoping often inadequate as the agencies have little time or money to follow up claims by the developer assumption development will go ahead therefore consider mitigating issues rather challenging objectors are merely "planning objectors"

26. Planning The standard of EAs is very poor: they are full of vague statements and summaries of opinion with few "hard facts", the documents are perhaps substantial to prevent in depth consideration there is no quality standard to the EA requirement of non-technical summary ignored the effects are often limited to the particular area no means of enforcing the mitigating action

27. Planning 3. No account is taken of the cumulative effects opf development in an area each EA is treated separately even though a development zone may have 2 or 3 EAs at once. 4. The EA is seen as a bolt on requirement not as a part of the decision making process in passing or rejecting the development project. 5. Planners have two perceptions of the environment: a) They may see it as being human centred, and for human convenience, public use and health, utility and recreation as being the main focus. b) They may see it as an ecological interest and perceive it in its own right.