The draft National Policy Statement (NPS) on Hazardous Waste is one of a series of draft NPSs published on 14 July 2011, under the Planning Act 2008. The Act established a new framework for the assessment and approval of planning proposals for nationally significant infrastructure projects such as water supply projects, hazardous waste, energy, ports, airports or major new railway lines.
The draft NPS for hazardous waste covers the following types of large projects:
- Waste electrical and electronic equipment (WEEE) plant
- Oil regeneration plant
- Treatment plant for air pollution control residues
- Thermal desorption
- Bioremediation/ soil washing to treat contaminated soil diverted from landfill
- Ship recycling facilities
- Hazardous Waste landfill
But, according to a report published by the Environment, Food and Rural Affairs committee today (December 14) following an inquiry (see letsrecycle.com story), the draft NPS requires further amendment before it is finalised.
In particular, MPs claim that it contains ambiguities and inconsistencies which they say lead to uncertainty for developers and decision-makers and which must be corrected. And, it says that the current proposals do not deal with the interaction between applications for environmental permits and development consent and could lead to costly duplication and unnecessary bureaucracy.
The inquiry also identified low levels of public awareness about the need for new hazardous waste infrastructure, and the negative perceptions of such facilities. It is now calling on Defra to take a more proactive approach to educating the public on this.
Infrastructure
Launching the report, Anne McIntosh, chair of the EFRA committee, said that industry investment in new infrastructure was essential if the UK was to meet its obligations to dispose of hazardous waste in a more environmentally friendly way.
She said: Planners will rely on this policy statement to determine applications, but at present it contains ambiguities which could lead to lengthy and expensive legal argument. There is a real risk that if this NPS is not amended it will actually discourage developers from investing in the infrastructure that we need.
As well as providing greater clarity in the policy statement itself, we call on Defra to look for opportunities to reduce bureaucracy and duplication in the planning process.
We are also concerned that the NPS does not set out a sufficiently robust approach to the issue of flooding. We have recommended that the Environment Agency be given the power to veto applications on ground of flood risk.
MPs also call on Defra to provide further opportunities for local communities to propose mitigation measures to reduce the local impact of projects.
Response
Initial response to the report came from the Environmental Services Association (ESA), the trade body for the waste management sector.
Matthew Farrow, director of policy at the ESA, said: ESA welcomes most of the Select Committee recommendations, especially those aimed at reducing delays, duplication and cost for developers.
We are particularly keen to see Defra amend the NPS so that the language used is consistent and accurate throughout the document, so as to reduce the likelihood of legal challenge in the planning process. We also are pleased to see the recommendation that Government must play a more proactive role in educating the public about the need for and benefits of new hazardous waste infrastructure.
However, ESA remains very concerned about the level of fees and charges that will fall on developers of hazardous waste facilities, particularly as the thresholds for inclusion in the NPS regime remain relatively low.
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