Approvals protocol set to benefit waste sector

Waste management facilities may soon have a smoother ride through the planning and permitting system thanks to a new protocol being developed by the government.

The protocol will set out agreed ways of working for planning authorities and permitting bodies and address the overlaps in responsibilities between the two, as well as outlining what part developers need to play to make the approvals process work best.

It is being developed at a time when securing the permissions required to build new facilities is frequently cited by those in the waste sector as one of the main barriers to the UK developing the infrastructure it needs to meet its landfill diversion and recycling goals (see letsrecycle.com story).

The Bristol-based consultancy Eunomia, which is producing the protocol on behalf of Defra and the department for communities and local government (CLG), explained that its work on the document would build on the results of the government's Penfold Review.

The Penfold Review specifically looked at whether non-planning consents, such as environmental permits, were delaying investment in industries such as waste. It's final report, which was published in July 2010, recommended that clear rules be put in place about the role of planning authorities and non-planning consent decision-makers, and that, where possible, the questions of ‘if‘ and ‘how' a facility would operate should be considered at the same time.

Eunomia is now specifically developing the protocol in relation to planning approvals and pollution control permitting, and Claire Stonier, principal consultant at Eunomia, said that this was particularly significant for waste plant proposals.

“The Penfold review together with the work being undertaken by Defra and CLG (by Eunomia) is very relevant to the waste sector, especially the larger-scale or more controversial facilities drawing lots of public interest,” she told letsrecycle.com.

“However, given that almost all facilities require both planning permission and an environmental permit, the work being undertaken is of wider importance across the sector,” she added.

Ms Stonier also highlighted the links between the Penfold Review and earlier work undertaken by Eunomia for Defra which had looked at the interaction between the planning and environmental permitting regimes and highlighted the need to address overlap between the two and look to closer link their consideration processes.

Working relationship

Outlining the goals of Eunomia's work on the protocol, Ms Stonier said: “It's aimed at improving the working relationship between regulators and planners. It relies on industry helping as well by submitting both [pollution permit and planning applications] together.”

Ms Stonier said that, with the overlaps between the work of the permitting authorities and planning officer, particular issues might arise when planning officers dealing with an application “overstep their remit” due to public concerns over a proposal

“What we want to do is make sure those bodies deal with the issues they have responsibility for,” she noted. “By working together there are obvious overlaps between them. Areas like noise and odours might be dealt with by both, but, if they're both being dealt with at different times the opportunities for discrepancies are increased.”

“The aim is, hopefully, creating a better process for both parties,” she added.

Ms Stonier noted that bodies such as the Local Government Association and Local Government Regulation (formerly LACORS) had also been involved in the work, which she expected to be finalised in the next three to four months – but stressed that its publication would depend on Defra.

She explained that the protocol – and accompanying guidance – would then have to be put out for consultation, but stressed that Eunomia was looking at how the protocol could be brought into force without legislation. Not having to be passed as legislation should speed up the introduction of any protocol.