Part One: Spatial Strategy and Policies (Regulation 18)

Waste Sites

17.17 This policy seeks to safeguard and retain the capacity of existing waste facilities to maintain the existing waste management capacity.

Justification

17.18 The focus of the Plan is on safeguarding strategic waste sites, while also giving appropriate protection to other waste sites^[48]. The Local Plan policies are focused on the borough's waste requirements and infrastructure, however given the nature of waste management (where waste arising in one area is often managed in another, and facilities will have catchment areas that extend beyond their boundaries) the wider context of the Black Country area (and beyond) is recognised.

17.19 The existing strategic sites are identified on the Waste Diagram and listed in Table 17.2 below are the significant waste management facilities operating in the borough. They have been identified through a detailed analysis of all known licenced and exempt facilities and include waste treatment, waste transfer, waste to energy and landfill facilities.

17.20 The definition of a strategic waste management site is;

1. all facilities that form a vital part of the borough's municipal waste management infrastructure, e.g. energy from waste plants, waste transfer facilities and HWRCs, depots.
2. all commercial waste management facilities that fulfil more than one local role, e.g. they are part of a nationwide or regional operation linked to other facilities elsewhere and take in waste from all over the borough and / or beyond.
3. all commercial facilities specialising in a particular waste stream or waste management technology, of which there are no others, or very few other of the same type operating elsewhere in the borough.
4. all facilities likely to make a significant contribution towards existing waste management capacity.
5. a site with sufficient capacity to recover, treat or dispose of at least 20,000 tonnes of waste per annum.
6. a facility forming part of the UK's network of installations for waste disposal, such as landfill sites.
7. a hazardous waste recovery facility of sufficient size to qualify as a Nationally Significant Infrastructure Project (NSIP).

Table 17.2 Strategic Waste Sites in Dudley Borough (currently permitted)

*Estimated capacity remaining at the end of 2021 (permitted end date of 31/12/2025)

Safeguarding Existing and Planned Waste Sites

17.21 The need for new housing and employment development must be balanced against the need to retain the infrastructure needed to support local households, businesses, and the construction industry. This includes the infrastructure that manages the waste they generate. Waste Planning authorities must therefore ensure that the impact of non-waste development on existing and planned waste facilities is acceptable, and "does not prejudice the implementation of the waste hierarchy and/ or the efficient operation of such facilities" (NPPW).              

17.22 The Plan therefore recommends a safeguarding policy for existing strategic and other waste sites (Policy DLP76). However, the policy also recognises that the redevelopment of existing or former waste management sites with new housing, employment or other land uses is sometimes justified. For example, redevelopment is likely to be acceptable where the waste facility has already closed, or the operator is proposing to close it or relocate the operations to another site.

17.23 Another important material consideration will be whether or not the waste operations are lawful, i.e., whether they have planning permission or a lawful development certificate. For example, if the waste operations are unauthorised and unsuitable for the location, the Council will normally consider taking enforcement action to stop them.

Potential Losses of Waste Management Capacity

17.24 When determining applications for non-waste development within a short distance or adjacent an existing waste management facility, regard will be had to any potential adverse impacts the proposed development might have on the future of the site as a location for the continuation of waste management activities. If a development is likely to have an unacceptable impact on the future of the site as a location for waste management, it will be refused. The 'agent of change' principle set out in national planning policy will be applicable i.e., existing businesses and facilities should not have unreasonable restrictions placed on them as a result of development permitted after they were established; the 'agent of change' (the new development) should provide suitable mitigation before the development has been completed.

Waste Site Impact Assessments

17.25 Taking on board the Black Country Waste Study recommendations, the policy requires applications for non-waste development, which could be sensitive to the operation of a waste management site, on or near to an existing or planned waste site to include a Waste Site Impact Assessment. This should:

1. identify the waste site potentially affected;
2. explain the spatial relationship between the application site and the waste site;
3. provide a brief description of the waste site, which should include:
   1. its operational status and any proposed changes;
   2. the facility type;
   3. whether the site is a strategic waste site;
   4. the types of waste managed;
   5. the waste operations permitted on the site.
4. summarise the main effects of the waste operations;
5. identify any effects that could be harmful to the health, wellbeing, and amenity of the occupiers of the new development;
6. consider how the occupiers of the new development could be affected;
7. consider how the waste site could be affected by the development;
8. demonstrate how the development complies with the policy and the measures proposed to ensure that the waste site and the proposed development can coexist without compromising each other.

Evidence

• Black Country Waste Study (2020 and 2022), Wood
• Dudley Borough Waste Study (2023), WSP
• Black Country Council's Water Cycle Study: Phase 1 (2020), JBA Associates

Delivery

• Planning applications and permissions
• Waste Industry- engage positively with developers and the local planning authority on proposals to change the use of existing or planned waste sites and proposals for non-waste development near to existing or planned waste sites
• Developers- ensure that new development near to existing or planned waste sites have regard to the potential effects on both developments, ensure that proposals for non-waste development make efficient use of resources and are designed to include sufficient space for secure waste storage, management and collection.