Decision Report – Member Non-Key decision Decision date – 15th March 2017

The Minerals and Waste Development Scheme Cabinet Member(s): David Hall – Cabinet Member for Business, Inward Investment and Policy Division and Local Member(s): All Members Lead Officer: Paula Hewitt – Director and Lead Commissioner, Economic and Community Infrastructure Author: Sarah Povall – Senior Planning Policy Officer Contact Details: 01823 359404

Please complete sign off boxes below and ensure all sections of the template have been completed in full prior to submission to Community Governance. Incomplete reports or reports where you have amended the template will not be accepted. Report authors

need to circulate draft reports to the internal consultees on checklist below at least 3 weeks before the decision date.

Report Sign off

Seen by: Name Date County Solicitor Honor Clarke 15/03/17 Monitoring Officer Scott Wooldridge 28/2/17 Corporate Finance Kevin Nacey 15/03/17 Human Resources Chris Squire 9/03/17 Property / Procurement / ICT

Richard Williams n/a

Senior Manager Paula Hewitt 5/3/17 Local Member(s) n/a n/a Cabinet Member David Hall 5/3/17 Opposition Spokesperson

Simon Coles 9/3/17

Relevant Scrutiny Chairman

Cllr Tony Lock (for Scrutiny Place)

9/3/17

Summary:

Somerset County Council (SCC) has the statutory responsibility to prepare minerals and waste plans. It is a requirement that these Plans are kept up-to-date and fit for purpose, with planning policy guidance advising on updating such Plans in whole (or in part) at least every 5 years. SCC is also required to prepare a development scheme which sets out the programme for the preparation and review of development plan documents.

The current Minerals and Waste Development Scheme is now out-of-date.

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Recommendations:

Cabinet Member Non-Key Decision

That the Cabinet Member for Business, Inward Investment and Policy approves the Minerals and Waste Development Scheme (enclosed as Appendix 1) and delegate authority to the Lead Commissioner, Economic and Community Infrastructure to agree any necessary final amendments prior to their publication.

Reasons for Recommendations:

We are required under the Planning and Compulsory Purchase Act 2004 (as amended) (the Act) to prepare a Mineral and Waste Development Scheme (MWDS) which sets out the programme for the preparation and review of development plan documents.

Revisions to the MWDS take account of national developments in planning policy and legislation and local changes. In this revision the notable changes are: the adoption of the Statement of Community Involvement (SCI) in 2016; the slippage in timetable for the preparation of the Somerset Waste Plan (review); and the adjustment to the timetable for the Recycling by Design Supplementary Planning Document (SPD).

Links to Priorities and Impact on Service Plans:

The vision for Somerset, set out in the County Plan 2016 to 2020, is for:

“more jobs; more homes; more powers from government; more local cooperation; better health; better roads, rail, broadband and mobile signal”.

The revised timetable set out in the MWDS is for the preparation of policy that will help to deliver this vision; in particular planning sustainably for the waste that will be generated in association with growth aspirations. Minerals and waste planning policy sets out the parameters and guidelines for infrastructure that will be needed to support growth.

The revised MWDS also aligns with the strategic objectives set out in the Economy and Planning Commissioning Intentions Plan 2016/17, particularly:

• Outcome 1: Enabling and facilitating economic growth andprosperity in Somerset.

• Outcome 2: Ensuring a sustainable future supply of mineralsand waste sites within Somerset.

The Economy and Planning Commissioning Intentions Plan also indicates how these outcomes might be achieved. Of particular relevance to revising the MWDS are the following activities:

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• Maintain and develop statutory minerals and waste plans;and

• Specialist policy advice for key developments.

Consultations undertaken:

The Cabinet Member for Business, Inward Investment and Policy (Cllr Hall) and the Director and Lead Commissioner, Economic and Community Infrastructure (Paula Hewitt), have been consulted on the proposed revision to the MWDS.

The Chairman of Scrutiny Committee for Policies and Place and the Opposition Spokesperson have been informed of the proposed revision to the MWDS.

Financial Implications:

There are no additional financial implications to allocated budgets arising from the recommendations in this report.

Legal Implications:

Development Plan documents such as the Waste Local Plan are used by the County Council when it determines whether or not a development proposal (for minerals and waste) represents an appropriate use of land.

In accordance with the County Council’s Code of Corporate Governance which describes how Somerset County Council will discharge its responsibilities, the Waste Local Plan must be considered and endorsed by Full Council, prior to adoption.

The MWDS sets out the timetable for the Waste Local Plan.

HR Implications: None identified / linked with this decision.

Risk Implications: There are no risks associated with revisions to the MWDS.

Likelihood - Impact - Risk Score -

Other Implications (including due regard implications):

In order to comply with the public sector equality duty: Impact Assessments (IA) will accompany relevant Officer Reports. Furthermore, a Habitat Regulations Assessment; Sustainability Appraisal will be prepared as part of the plan making process.

Impact Assessments will been prepared in due course as part of the plan making process

Details of the process are also available from:

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http://www.somerset.gov.uk/information-and-statistics/financial-information/impact-assessments/

A revised Statement of Community Involvement (SCI) has been prepared and adopted as part of the plan making process.

It should be noted that the Waste Local Plan will assume that other regulatory authorities will regulate matters within their control effectively. For example, Environment Agency responsibilities linked with waste permit regime.

No issues on community safety, health and wellbeing or privacy have been identified at this stage of the process.

Alternative options considered and reasons for rejecting them

As outlined below, two options have been considered:

• Option 1 – “do nothing”. Rely on current Minerals andWaste Development Scheme (MWDS). No financialcosts.SCC has a statutory responsibility to prepare mineralsand waste plans, which must be up-to-date and fit forpurpose. Keeping the MWDS up-to-date is a key tool inforward planning and is helpful to colleagues inneighbouring authorities and other key stakeholders inknowing when consultation exercises might beforthcoming and when to engage. As such, this optionhas been dismissed.

• Option 2 – “update the MWDS”. No financial costs.This allows SCC to meet with statutory responsibilitiesand expectations with no financial costs or associatedrisks. This is the Preferred Option.

Scrutiny comments / recommendation (if any):

Not applicable.

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Background / Context

Somerset County Council (SCC) is the planning authority for minerals and waste matters in Somerset, excluding Exmoor National Park, and has a range of responsibilities related to minerals and waste planning. This includes both planning policy and the determination of relevant planning applications.

SCC is required under the Planning and Compulsory Purchase Act 2004 (as amended) (the Act) to prepare minerals and waste plans. The Act also requires every planning authority to prepare a development scheme which sets out the programme for the preparation and review of development plan documents.

Revisions to the MWDS have been prepared in accordance with the Act and take account of national developments in planning policy and legislation and local changes. In this revision the notable changes are: the adoption of the Statement of Community Involvement (SCI) in 2016; the slippage in timetable for the preparation of the Somerset Waste Plan (review); and the adjustment to the timetable for the Recycling by Design Supplementary Planning Document (SPD).

The need for Local Authorities to have “up-to-date” Local Plans was recently reaffirmed in the government’s “Productivity Plan”, Fixing the Foundations (July 2015).

Background papers

Appendix 1 The Mineral and Waste Development Scheme (MWDS)

All documents relating to Somerset County Council’s minerals and waste planning policy can be accessed via the following link: www.somerset.gov.uk/mineralsandwaste.

Planning and Compulsory Purchase Act 2004 (as amended) (the Act) http://www.legislation.gov.uk/ukpga/2004/5/contents

Planning Act 2008 as amended by the Localism Act 2011.can be viewed at http://www.legislation.gov.uk/ukpga/2008/29/contents

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and http://www.legislation.gov.uk/ukpga/2011/20/contents/enacted

Town and Country Planning (Local Planning) (England) Regulations 2012 http://www.legislation.gov.uk/uksi/2012/767/regulation/18/made

National online planning practice guidance can be viewed on the government web site at http://planningguidance.planningportal.gov.uk/

The National Planning Policy for Waste (NPPW) https://www.gov.uk/government/publications/national-planning-policy-for-waste

The Government's Productivity Plan July 2015 https://www.gov.uk/government/publications/fixing-the-foundations-creating-a-more-prosperous-nation

APPENDIX 1

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Somerset County Council

Minerals and Waste Development Scheme:

February 2017

This document has been prepared by Somerset County Council.

© Somerset County Council

Photographs show: Top left Highbridge Household Waste Recycling Centre.

Source: SCC. Top right Plastic recycling scheme organised by FWAG South West.

Source: FWAG South West. Bottom left Torr Works.

Source: David Boag (copyright). Bottom right Peat workings.

Source: SCC.

Copies of this MWDS document are available from: Somerset County Council Planning Policy team, County Hall, Taunton, Somerset, TA1 4DY Tel: 0300 123 2224 Email: mineralsandwaste@somerset.gov.uk

For further details of the Somerset Minerals and Waste Development Framework, and to view and download this and other documents, please visit our website.

www.somerset.gov.uk/mineralsandwaste

Accessibility: this document is also available in Braille, large print, on tape and on disc and we can translate it into different languages. We can provide a member of staff to discuss the details.

Document control record

Name of Document: Minerals and Waste Development Scheme Author: Somerset County Council Description of content: Outlines delivery plan for the Minerals and Waste

Development Framework

Approved by: P V Browning: Service Manager: Planning Policy

Date of approval: 27 February 2017

Version Date Comments 1 23 Feb 2005 Original Minerals and Waste Development Scheme

2 12 Apr 2007 Minerals and Waste Development Scheme Review 2007 3 25 Nov 2010 Minerals and Waste Development Scheme 2010 – 2013 4 05 Feb 2014 Minerals and Waste Development Scheme – November

2013 5 22 April 2016 Minerals and Waste Development Scheme – April 2016 6 27 Feb 2017 Minerals and Waste Development Scheme – February

2017

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Introduction

1. Somerset County Council (SCC) is the planning authority for minerals and wastematters in Somerset excluding Exmoor National Park.

2. As a result, SCC has a range of responsibilities regarding minerals and wasteplanning, with regard to planning policy and the determination of relevantplanning applications.

Minerals and waste planning in Somerset. The central area outlined in black represents

the area cover by Somerset County Council's minerals and waste planning policy

3. We are required under the Planning and Compulsory Purchase Act 2004 (asamended) (the Act) to prepare minerals and waste plans. The Act also requiresevery planning authority to prepare a development scheme which sets out theprogramme for the preparation and review of development plan documents.

4. Somerset County Council has prepared this Minerals and Waste DevelopmentScheme (MWDS) in accordance with the Act. This edition of the MWDS has beenupdated from the 2016 (fifth) version.

5. Revisions to the MWDS have been prepared in accordance with the Act and takeaccount of national developments in planning policy and legislation and localchanges. In this revision the notable changes are: the adoption of the Statementof Community Involvement (SCI) in 2016; the slippage in timetable for thepreparation of the Somerset Waste Plan (review); and the adjustment to thetimetable for the Recycling by Design Supplementary Planning Document (SPD).

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6. In addition, SCC produces an Annual Monitoring Report (AMR) on minerals andwaste. This statutory document1 monitors the effectiveness of policies in theadopted Minerals and Waste plans. The AMR also contains specific informationabout the permitted mineral and waste sites. This and other minerals and wastedocuments are available for download fromwww.somerset.gov.uk/mineralsandwaste

7. The Minerals and Waste Development Framework (or MWDF) is the name forthe collection of development plan documents and other documents whichprovide the framework for delivering minerals and waste planning policy inSomerset, as shown in the figure below.

Relationships between documents within the Minerals and Waste Development

Framework

(Note: EiP – Examination in Public)

Future plans for the MWDF

8. We are required under the Planning and Compulsory Purchase Act 2004 (asamended) (the Act) to prepare a Mineral and Waste Development Scheme(MWDS) which sets out the programme for the preparation and review ofdevelopment plan documents.

9. Table 1 outlines the work programme going forward on the Somerset MWDF.Three documents are listed in Table 1:

• A new Somerset Waste Plan ie a review of the Somerset Waste Core Strategy(adopted 2013);

• A new supplementary planning document on waste collection; and

• A monitoring report (which will be updated on an annual basis as before).

1 Required by the Planning and Compulsory Purchase Act 2004 (as amended)

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Table 1: MWDF project summary and timeline

Project Key stages Output Dates Somerset Waste Plan: Development Plan Document

(in effect, a review of the Somerset Waste Core Strategy DPD)

Preparation (Regulation 18*)

An “Issues and Options” style document

Consultation: 3rd quarter, 2017/18

Publication (Regulation 19*)

Informed by above consultation, and updated evidence base, this document contains the policies that Somerset County Council propose to include in a Somerset Waste Plan supported by reasoned justification

3rd quarter, 2018/19

Submission (Regulation 22*)

Submission of the Somerset Waste Plan to the Secretary of State

4th quarter, 2018/19

Independent examination (Regulation 24*)

Examining the soundness and legal compliance of the submission document

2nd quarter, 2019/20

Adoption Adoption of the Plan by the County Council

4th quarter, 2019/20

Recycling by Design#: a supplementary planning document on waste collection

Preparation (Regulations 11- 13*)

Prepare a draft SPD for consultation, integrating and updating as appropriate the SWP’s Developer Guidance

TBC

Adoption (Regulations 12 & 14*)

Adoption of the SPD by the County Council

TBC

Monitoring Report A statutory document monitoring the effectiveness of policies in the adopted Minerals and Waste plans.

Annually

* Regulations refer to the Town and Country Planning (Local Planning) (England) Regulations 2012#

Draft title and may be subject to change

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Reviewing the Somerset Waste Core Strategy

10. A review of the Somerset Waste Core Strategy began in 2016. Key drivers forthis work include:

• Statutory requirement to maintain an up to date plan.

• To keep pace with evolving national policy and guidance.

• To inform and be informed by evolving municipal waste strategy for Somerset.

• To identify (and support the delivery of) needed capacity, and protect our localenvironment.

• To maintain a vibrant waste economy in Somerset.

• To provide a better service to our customers.

11. According to Planning Practice Guidance: “To be effective plans need to be keptup-to-date. Policies will age at different rates depending on local circumstances,and the local planning authority should review the relevance of the Local Plan atregular intervals to assess whether some or all of it may need updating. MostLocal Plans are likely to require updating in whole or in part at least everyfive years. Reviews should be proportionate to the issues in hand. Local Plansmay be found sound conditional upon a review in whole or in part within fiveyears of the date of adoption.” (Bold SCC emphasis)

12. The final output of the Waste Core Strategy review will be termed a SomersetWaste Plan, to align this with the Somerset Minerals Plan and take account ofchanges in national policy and guidance.

13. It will be important to align the review with work undertaken by the SomersetWaste Partnership (SWP) if the Municipal Waste Management Strategy (MWMS)for Somerset is revised. The MWMS provides forecasts of future municipal wastearisings, based on a ‘growth profile’ looking at household or population growth;and waste arisings per household or per capita.

14. It is no longer the County Council’s intention to prepare a separate Waste SiteAllocations document as indicated in previous MWDSs and adopted Waste CoreStrategy. Reviewing the Waste Core Strategy provides an opportunity for SCC toalign with national Planning Practice Guidance: “The National Planning PolicyFramework makes clear that the Government’s preferred approach is for eachlocal planning authority to prepare a single Local Plan for its area (or a jointdocument with neighbouring areas).” Any need for site allocations will beconsidered in the context of plan-making for the revised Somerset Waste Plan.

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Supplementary Planning Document on waste collection

15. In discussion with the SWP, the County Council has identified a need to deliver aSupplementary Planning Document on waste collection – in effect, embedding theDeveloper Guidance prepared by the SWP, updated and amended as appropriate,into the statutory planning system. This project was referenced in the adoptedWaste Core Strategy, and a detailed programme for this will be finalised in duecourse.

16. The SPD project will be informed by and align with work undertaken by the SWPto review its collection service, including the Recycle More Trials. For moreinformation visit www.somersetwaste.gov.uk

Containers used by the SWP for the Recycle More trials

Ensuring successful delivery

17. The MWDF documents will be largely prepared by County Council staff in itsPlanning Policy team. Delivery depends on various factors, including staffinglevels at SCC, which may be subject to change during the life of the LocalDevelopment Scheme. The costs for plan-making will be met from SomersetCounty Council's budgeting process.

18. The County Council's Director and Lead Commissioner of Economic andCommunity Infrastructure provides senior management leadership, supported bya Project Board that helps to ensure the timely delivery of the project and thedelivery of outputs that reflect the needs of the Council’s customers.

19. External consultants may be used for some aspects of the work, to act as a“critical friend” via sustainability appraisal work and for technical / specialistaspects of waste planning. Subject to necessary approvals such additionalsupport will be brought in as needed.

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20. There will also be costs associated with undertaking consultations withstakeholders and the required Examination in Public (EiP). The costs forconsultation and EiP will be kept under review and the allocation of funds forthese will take place through the County Council's annual budgeting process.

21. The Planning Policy team also works with a Member Task & Finish Group, whichconsists of a group of nominated Elected Members (Councillors) who assist inthe plan making process.

22. To ensure that planning policy activities align with SCC’s strategic approach tocommissioning, a Commissioning Board will provide oversight as appropriate onMWDF project activities, in particular the planned review of the Somerset WasteCore Strategy.

23. In accordance with the County Council’s governance arrangements, relevantCabinet Members, Cabinet and Full Council make decisions on specific MWDFissues at various stages of the plan making process. The Scrutiny for Policiesand Place Committee scrutinises decisions of Cabinet Members and Cabinet asappropriate. Recommendations to adopt new Development Plan Documents aremade to Full Council.

24. In preparing this MWDS consideration has been given to potential risks thatmight impact on the preparation of Development Plan Documents. These will bemonitored and measures identified to mitigate them as appropriate (see Table 2).

Table 2: Basic register of risks and opportunities

Risk Risk rating Impact Mitigating measure Fines: European legislation requires all waste planning authorities to have in place waste management plans, and for those plans to contain specific information. There is a risk of fines being imposed if suitable plans are not in place.

Low Significant: the UK Government has the power to pass on some or all of any such fines to any authority which caused the UK to be in breach of its obligations under the legislation. So the impact from any such action would be significant.

Ensure a waste plan is in place that complies with European legislation. Somerset has an adopted waste plan in place (the Waste Core Strategy) which has been reviewed via Examination in Public and found to be legally compliant.

Staff: Availability of experienced personnel. Key staff may leave or become unavailable due to long term sickness.

Medium Moderate: slippage in delivery of one or more elements of the MWDF.

Identify resource requirements and undertake necessary forward planning.

Funding: There may be insufficient funding or resources allocated to the MWDF document and/or cost uncertainties associated with Inspector’s time and length of Public Inquiry.

Medium Significant: slippage in delivery of one or more elements of the MWDF.

Identify resource requirements and undertake necessary forward planning.

Soundness: The Inspector may conclude one or more elements of a Development Plan Document are ‘unsound’ at the Examination in Public stage (i.e. the Public Inquiry).

Low Potentially significant: in delivery of one or more elements of the MWDF. Soundness issues would be addressed either within the plan-making process or by “lifting out” the issue that is making the plan unsound and addressing that separately.

Invite the Planning Inspectorate (PINs) to advise SCC before submission of the Plan (Regulation 22), having also sought critical friend support early in the process. Refer to the National Planning Policy Framework on soundness and take advantage of any training / support provided via the Planning Advisory Service (PAS).

Table 2: Basic register of risks and opportunities (continued)

Risk Risk rating Impact Mitigating measure Duty to Co-operate (DtC): insufficient cooperation with/from key partner. Note requirements have been outlined in SCC’s latest Statement of Community Involvement in Planning.

Low Significant: slippage in delivery of one or more elements of the MWDF. It is not possible to rectify an issue of DtC at public hearings, so the impact of this risk has a significant impact.

Maintain discussion with key stakeholders on strategic/cross-border issues, monitoring as appropriate (including, but not limited to, the Annual Monitoring Report and corporate risk system JCAD). Maintain audit trail.

Changes to Legislation: There may be changes to national and international legislation, and/or national policy statements and guidance.

Medium Moderate: slippage in delivery of one or more elements of the MWDF. Ultimately, any Development Plan Document will undergo an EiP to assess its legal compliance (as well as soundness).

Keep a watching brief for changes to the legislation, in particular planning legislation.

Assess legal compliance (self-assessment test) before submission.

Internal delays: Slippages in gathering data / assessments for the evidence base.

Low Minor: slippage in delivery of one or more elements of the MWDF.

Identify resource requirements and undertake necessary forward planning.

Delays in delivery of external assessments: External consultants may be in demand and unavailable when required by the Council.

Low Minor: slippage in delivery of one or more elements of the MWDF.

Forward planning to ensure timeline for work is clear, and regular dialogue to deliver agreed timeline.

Legal challenge: Delays to adopting because of High Court challenges.

Low Significant: slippage in delivery of one or more elements of the MWDF. Risk of additional legal costs.

Assess legal compliance (self-assessment test) before submission.