HC Deb 10 July 1995 vol 263 cc459-64W
Mr. Barron

To ask the Secretary of State for the Environment (1) how many landfill sites for the disposal of waste have opened in each of the last five years, and how many have closed; and if he will list this information by region; [32649]

(2) what guidance his Department has issued concerning consultations and investigations to be undertaken by each relevant authority in relation to applications for permission to create new landfill sites for the disposal of waste; [32643]

(3) what priority he gives to each category of land use in determining the criteria for permission to create new landfill sites for the disposal of waste; [32644]

(4) what was the previous use of each new landfill site for the disposal of waste created (a) since 1 January and (b) in each of the preceding four years; [32645]

(5) what is his policy on the use for waste disposal of (a) greenfield sites, (b) agricultural land, (c) derelict industrial land and (d) contaminated land for (i) landfill (ii) other types of waste disposal; [32646]

(6) what alternative means to the landfill disposal of waste have been considered by his Department; and what conclusions have been reached on each; [32647]

(7) what is the average size of landfill sites for the disposal of waste in (a) the United Kingdom and (b) each region; [32648]

(8) what is the number of landfill sites for the disposal of waste in (a) the United Kingdom and (b) each region; and what were the numbers in each of the last five years; [32650]

(9) what is his policy on the creation of new landfill sites for the disposal of waste; [32652]

(10) how many applications for permission to create new landfill sites for the disposal of waste have been refused in (a) the United Kingdom and (b) each region (i) since 1 January and (ii) in each of the preceding four years. [32654]

Mr. Clappison

Policy and guidance on waste disposal operations are included in the draft waste strategy for England and Wales published earlier this year, the planning policy guidance note on planning and pollution control—PPG23—and the series of waste management papers produced by the Department.

The strategy contains details of the Government's waste management policies, which are directed towards the minimisation of waste and its reuse and recovery wherever possible. It is recognised, however, that successful policies in this area will not eradicate waste. As a nation, we will continue to produce large quantities of waste for which final disposal is the only economic and environmentally sound option. The Government's policy is to set in place the necessary controls to ensure that waste disposal takes place without endangering either the environment or human health.

In order to operate a landfill site in England, it is necessary to obtain planning permission under the Town and Country Planning Act 1990 and a waste management licence under section 35 of the Environmental Protection Act 1990. Planning permission for landfill sites is granted by the relevant waste planning authority. Waste management licences are granted by the relevant waste regulation authority.

Guidance on the consideration of planning applications for landfill sites is contained in PPG23. More generally, circular 15/92 and appendix B of circular 9/95 provide guidance for planning authorities on publicity and consultation arrangements in respect of applications for planning permission.

A proposal to establish a new landfill site for the disposal of waste may require an environmental impact assessment. Guidance on the consultations to be undertaken, and on the form of the assessment is published in the booklet "Environmental Assessment—A Guide to the Procedures" and is also provided in DOE circular 15/88. Waste regulation authorities are likely to be consulted on any environmental assessment undertaken as part of a planning authority's consideration of a planning application for a site.

Decisions on planning application for landfill sites must be made in accordance with the provisions of the development plan, unless material consideration indicate otherwise. The criteria adopted by waste planning authorities in their consideration of landfill proposals will depend on the terms of the policies, and the proposals for land uses, set out in the development plan. The assessment of applications for landfill sites must also take into account the objectives of the EC framework directive on waste, insofar as these are relevant, and the Government's planning policy guidance, including the guidance on waste management facilities in PPG23. Planning policies for the countryside and agricultural land, open space and green belts are set out in PPGs 7, 17 and 2 respectively.

Details of the numbers of applications for planning permission for new landfill sites in England granted and refused over the last five years are as set out in the table.

Details of the previous use of new landfill sites granted planning permission within the last five years are not held centrally.

The information relating to Wales, Scotland and Northern Ireland is a matter for my right hon. Friends the Secretaries of State for Wales and for Scotland and my right hon. and learned Friend the Secretary of State for Northern Ireland.

The Department has published guidance to waste regulation authorities on the discharge of their responsibilities concerning waste management licensing, including consultation procedures and initial investigations on licence applications, in waste management papers 4 and 26 and in DOE circular 11/94.

Under section 36 of the Environmental Protection Act 1990, a waste regulation authority must consult the National Rivers Authority, the Health and Safety Executive and, where appropriate, the relevant nature conservation body, before it approves a licence application.

Before an application can be determined, the applicant is required to provide to the waste regulation authority a working plan which shows how the applicant proposes to prepare and develop, operate, monitor and control pollution, and restore and complete the facility. The working plan should contain the operator's plans

Application for new landfill sites refused and granted 1991–1994 and January to March 19951
1991 1992 1993 1994 January to March 21995
Granted Refused Granted Refused Granted Refused Granted Refused Granted Refused
North West 22 5 51 26 43 15 16 15 5 0
Yorkshire and Humberside 13 2 23 16 30 7 25 7 65
North-East 7 4 15 5 8 1 9 2 3 0
West Midlands 47 11 23 12 22 11 5 11 6 0
East Midlands 22 14 39 9 24 7 17 6 1 1
Eastern 40 12 37 8 24 7 26 3 7 0
South-West 68 46 91 19 68 13 49 16 12 7
South-East 67 42 44 15 40 12 27 11 6 1
London 0 0 0 0 0 0 1 0 0 0
England 286 136 323 110 259 73 175 71 46 14
1 From 1 April 1992, statistics related to applications decided by county councils, metropolitan districts, London boroughs, urban development corporations and national park authorities. Data for earlier periods relate to decisions by county councils only.
2 Figures for 1995 are available for the period 1 January to 31 March.

Mr. Barron

To ask the Secretary of State for the Environment (1) what criteria his Department uses to assess appeals on applications for permission to create new landfill sites for the disposal of waste; [32651]

(2) how many appeals he has received (a) for the United Kingdom and (b) for each region (i) since 1 January and (ii) in each of the preceding four years concerning a decision to (1) grant and (2) refuse permission to create new landfill sites for the disposal of waste. [32653]

Mr. Clappison

There is a right of appeal to the Secretary of State against a refusal by a planning authority to grant planning permission, and also against a refusal by a waste regulation authority to grant a waste management licence for a landfill site.

Section 54A of the Town and Country Planning Act 1991 requires that every planning application must be determined according to the devlopment plan unless material considerations indicate otherwise. This for the management of gas and leachate and for capping and restoration.

Information on the number of applications for waste management licences granted or refused in each year is not held centrally. Waste regulation authorities hold information about the number of landfill sites in their areas, and the numbers opened and closed, as well as the size of each site. The total number of licences in force for landfill sites in England for the years since 1991–92 is set out in the table:

year Number of licences
1991–92 3,330
1992–93 3,186
1993–94 2,618
1994–95 2,541

The information relating to Wales, Scotland and Northern Ireland is a matter for my right hon. Friends the Secretaries of State for Wales and for Scotland and my right hon. and learned Friend the Secretary of State for Northern Ireland.

requirement applies to local planning authorities determining a planning application, and to the Secretary of State determining a planning appeal.

The first criteria for the assessment of landfill planning proposals are therefore those contained in the development plan. In particular, structure plans and waste local plans contain policies governing development for waste disposal purposes, but the policies of district local plans will also be considered.

The Secretary of State gives guidance in planning policy guidance notes, PPGs and minerals planning guidance notes MPGs. Of particular relevance is part 5 of PPG23 "Planning and Pollution Control" and, where an old mineral working is to he filled, MPG7 "The Reclamation of Mineral Workings".

Pollution control agencies will be consulted on every waste landfill planning application, and their advice will be an important consideration in determining planning applications and appeals.

Technical aspects of waste management are the subject of advice in waste management papers, published by the Department, parts of which may be relevant to the consideration of planning proposals for landfilling; parties to a planning appeal may refer to other published technical papers of standing, which may be material to a planning decision.

The Secretary of State has received planning appeals relating to landfill sites in England as set out in the table. The information relating to Wales, Scotland and Northern Ireland is a matter for my right hon. Friends the Secretaries of State for Wales and for Scotland and my right hon. and learned Friend the Secretary of State for Northern Ireland.

Landfill-related planning appeals received by the Secretary of State 1991 1992 1993 1994 19951
Appeals against refusal of planning permission 18 26 14 9 4
Appeals against non-determination of planning permission 0 1 3 3 1
Appeals against conditions in planning permission 0 0 1 0 1
1 Covers period 1 January to 30 June 1995.

Section 43(1)(a) of the Environmental Protection Act 1990 provides specified persons with a right of appeal to the Secretary of State against a decision of a waste regulation authority to reject an application for a waste management licence. The Act, together with regulations 6 to 9 of the Waste Management Licensing Regulations 1994, sets out the procedure for making and determining appeals. Guidance on the regulations is provided in DOE circular 11/94 and guidance on determining licence applications is provided in waste management paper No. 4. The Secretary of State's decision on individual cases is dependent upon the specific issues brought before him by the parties involved.

Since 1 May 1994, in England, three appeals have been made under section 43(1)(a) of the Environmental Protection Act against the refusal of a waste regulation authority to grant a waste management licence for a new landfill site. One of these appeals has been made since 1 January 1995. The appeals are before the Secretary of State for consideration. A new monitoring system was introduced on 1 May 1994 when the new licensing system came into force. Prior to 1 May 1994, the information was not kept in a form that can now provide comparable figures for the preceding four years. The information relating to Wales, Scotland and Northern Ireland is a matter for my right hon. Friends the Secretaries of State for Wales and for Scotland and my right hon. and learned Friend the Secretary of State for Northern Ireland.

Mr. Barron

To ask the Secretary of State for the Environment how many applications for permission to create new landfill sites for the disposal of waste have been granted in(a) England and (b) each region (i) since I January and (ii) in each of the preceding four years. [33127]

Mr. Clappison

I refer the hon. Member to my earlier reply about landfill sites.