Policy WP2: Spatial strategy for waste management facilities

Showing comments and forms 1 to 10 of 10

Object

Preferred Options consultation document

Representation ID: 94175

Received: 14/10/2019

Respondent: Ms A Money

Representation Summary:

we need to protect the earth from exploitation and find other non invasive ways of providing for human needs or learn to live differently.

This is not sustainable for the planet which means it's not sustainable for the human race

Full text:

we need to protect the earth from exploitation and find other non invasive ways of providing for human needs or learn to live differently.

This is not sustainable for the planet which means it's not sustainable for the human race

Comment

Preferred Options consultation document

Representation ID: 95062

Received: 30/10/2019

Respondent: Suffolk County Council

Representation Summary:

The stated distance from Norfolk's urban areas and main towns seems very restrictive and could lead to acceptable proposals being contrary to policy.

Full text:

The stated distance from Norfolk's urban areas and main towns seems very restrictive and could lead to acceptable proposals being contrary to policy.

Comment

Preferred Options consultation document

Representation ID: 98325

Received: 30/10/2019

Respondent: Anglian Water Services Ltd

Representation Summary:

Anglian Water is generally supportive of the final paragraph of WP2 as drafted. We note that changes have been made to the policy to make reference to a distinction between water recycling centres and sewage pumping stations as set out in earlier representations which is welcomed.

We would ask that Policy WP2 is positively phrased in relation to water recycling centres for consistency with the the National Planning Policy Framework.

It is therefore proposed that Policy WP2 be amended as follows (new text in CAPITALS):
'Water recycling centres can normally only be located on or adjacent to watercourses, so they [delete: will normally only be] ARE acceptable in such locations.'

Full text:


NOTE: Additions in BOLD CAPITAL LETTERS, removals in [lower case example]

Thank you for the opportunity to comment on the Norfolk Minerals and Waste Local Plan Review. The following comments are submitted on behalf of Anglian Water.
I would be grateful if you could confirm that you have received this response.

Policy MW4: Climate change mitigation and adaption
We note that Policy MW4 refers to both the use of Sustainable Drainage System, water harvesting and waste water recycling which is generally supported.
Anglian Water has some detailed comments on the wording of this requirement to ensure the policy is effective. Given the nature of mineral extraction and waste management proposals vary significantly there is a need to ensure that policy MW4 is flexible in this regard.

Surfacewater or stormwater harvesting refers to where rainfall has reached the ground and the system can collect surface water run off including permeable or impermeable surfaces. It is not made clear whether this intended to refer to stormwater harvesting or rainwater harvesting from roofs.

Waste water recycling or grey water recycling would be appropriate for minerals and waste management proposals that drain domestic foul flows to the public sewerage network. Where this is not the case grey water recycling would not be practicable.
It is therefore proposed that Policy MW4 be amended as follows:
'd) demonstrate the use of sustainable drainage systems, RAINWATER HARVESTING, STORMWATER harvesting INCLUDING from impermeable surfaces WHEREVER FEASIBLE and layouts that accommodate waste water recycling WHERE A CONNECTION TO THE PUBLIC SEWERAGE NETWORK IS REQUIRED;'

Policy WP2: Spatial Strategy for waste management facilities
Anglian Water is generally supportive of the final paragraph of WP2 as drafted. We note that changes have made to the policy to make refer to a distinction between water recycling centres and sewage pumping stations as set out in earlier representations which is welcomed.

We would ask that Policy WP2 is positively phrased in relation to water recycling centres for consistency with the the National Planning Policy Framework.
It is therefore proposed that Policy WP2 be amended as follows:

'Water recycling centres can normally only be located on or adjacent to watercourses, so they [will normally only be] ARE acceptable in such locations.'
Policy WP3: Land potentially suitable for waste management facilities
Reference is made to waste management facilities on water recycling centres being limited to composting and anaerobic digestion.

Anglian Water as sewerage undertaker is concerned that this is not justified in that there may be other waste management uses which would be suitable at water recycling centres dependant upon both scale and location.

It is therefore suggested that the above wording is removed or amended to allow for other waste management uses.

It is therefore proposed that criterion f of Policy WP3 be amended as follows:
'f) waste recycling centres [(composting and anaerobic digestion only);']

Policy WP14: Water Recycling Centres
Anglian Water is largely supportive of Policy WP14 as drafted but has some comments particularly in relation to making the policy more positive in enabling the continued operation and development of existing water recycling centres) to enable Anglian Water to fulfil our statutory obligations under the Water Industry Act 1991.
We note that some changes have been made in response to our previous comments although not all of the suggested changes have been included. The final paragraph also seems to suggest that the applicant would be required to demonstrate the need for the proposed location. As there is no further explanation of how this would be demonstrated it suggested that it should be removed.

It is therefore proposed that the first paragraph of Policy WP14 be amended as follows:

'New or extended Water Recycling Centres or improvements to existing sites AND SUPPORTING INFRASTRUCTURE (INCLUDING RENEWABLE ENERGY) will [only] be acceptable where such proposals aim to:

a) treat a greater quantity of wastewater; and/or
b) improve the quality of discharged water; and/or
c) reduce the environmental impact of operation.
[The applicant will be required to demonstrate that the proposal can be located without giving rise to unacceptable environmental impacts.']
Para 15.3 - reference is made to Anglian Water's Business Planning process which is produced once every 5 years and approved by our economic regulator Ofwat. As drafted it appears to suggest that there is no information currently available about planned investment at Whitlingham Water Recycling Centre over the plan period.
We have submitted our business plan for AMP 7 (2020 to 2025) to Ofwat and expect to receive final determination in December 2019. However Anglian Water has committed investment at Whitlingham Water Recycling Centre of £17million to accommodate further growth to 2031.

The investment at Whitlingham Water Recycling Centre is not reliant upon the determination of the business plan for AMP 7 as it forms part of our approved business plan for AMP 6 (2015 to 2020).

We are aware that the Greater Norwich Local Plan is currently being reviewed. The expectation is that Anglian Water would review the need for additional investment at Whitlingham Water Recycling Centre through the preparation of the Drainage and Wastewater Management Plan (DWMP) by 2022. Further details of the scope of DWMPs is available to view at the following address:

https://www.water.org.uk/wp-content/uploads/2019/09/Working-together-to-improve-drainage-and-environmental-water-quality-an-overview-of-Drainage-and-Wastewater-Management-Plans.pdf

Para 15.4 - reference is made to extending the membership of liaison group for Whitlingham Water Recycling Centre and changing its purpose. This group focussed on operational issues only and was not intended to consider wider issues. We would welcome further discussions with Norfolk County Council about the issues identified and the appropriate forum(s) for the issues identified to be discussed with Anglian Water.

Para 15.5 - reference is made to the need for Anglian Water to develop a long term masterplan/implementation strategy for Whitlingham Water Recycling Centre with the Greater Norwich Growth Board and the Environment Agency. As drafted it is suggested that there is a need for specific strategy for this site in addition to any plans produced by Anglian Water.

As set out in our response to the previous consultation we have recognised the need for a long term strategy for water recycling centres and within the foul sewerage network to accommodate further growth as set out in our Water Recycling Long Term Plan. We also be producing a Drainage and Wastewater Management Plan which will consider the need for further investment at our existing water recycling centres which is expected to be developed with the Norfolk authorities, Broads Authority and the Environment Agency.

We would therefore suggest that the supporting text of Policy WP15 of the Local Plan be amended to make this clear.

Policy WP15: Whitlingham Water Recycling Centre
Reference is made to the need for Anglian Water to develop a long term masterplan/implementation strategy for Whitlingham Water Recycling Centre with the Greater Norwich Growth Board and the Environment Agency. As drafted it is suggested that there is a need for specific strategy for this site in addition to any long term plans produced by Anglian Water.

As set out in our response to the previous consultation we have recognised the need for a long term strategy for water recycling centres and within the foul sewerage network to accommodate further growth as set out in our Water Recycling Long Term Plan.

We also anticipate reviewing the need for additional investment at Whitlingham Water Recycling Centre through the preparation of the Drainage and Wastewater Management Plan which is expected to be developed with the Norfolk authorities, Broads Authority and the Environment Agency as such we would suggest that a separate masterplan or similar is not required.

Anglian Water is open to discussion about the need and format for on-going liaison with the Norfolk Authorities, the Environment Agency, other interested parties and local residents. However we don't consider it is necessary to specify the purpose and membership of a liaison group in the wording of a Local Plan policy.

Policy WP15 as drafted includes specific criteria which apply to all development proposals at Whitlingham WRC. As set out in our previous representations it is unclear whether this would apply to all development proposals on this site - for example if the proposal did not generate any additional traffic movements. However the policy doesn't appear to have been amended to address Anglian Water's earlier comments.

Therefore we would suggest that the wording of policy WLP15 should be reviewed to consider in what circumstances it would be applied.

It is therefore proposed that Policy WP15 of the local plan is amended as follows:
Any proposals for the improvement of the WWRC [must be accompanied by ]should be consistent with a longer-term strategy [masterplan ] for the WW[T]RC WHICH FORMS PART OF ANGLIAN WATER'S DRAINAGE AND WASTEWATER MANAGEMENT PLAN, produced in collaboration with the constituent authorities of the Greater Norwich Growth Board and the Environment Agency.

The County Council will work closely with Anglian Water, the Environment Agency, South Norfolk Council and the Broads Authority to ensure that development proposals at Whitlingham WRC WHERE RELEVANT TO THE SUBMITTED APPLICATION will:

a) Minimise the effect on the amenity of local residents, with particular emphasis on noise and odour;
b) Route all HGV movements to and from the site via the C202 Kirby Road and the A146 Loddon Road, with the routing of HGV movements to be controlled through planning conditions or Section 106 Legal Agreement as appropriate;
c) Not affect adversely the landscape setting of the Broads by insensitively locating and/or designing equipment or buildings on the site; and
d) In line with the requirements of the NPPF and National Planning Practice Guidance, choose preferentially locations within Flood Zone 1, and where locations in Flood Zone 2 or 3 are proposed, adequate measures to control pollution and manage sewage during flooding events are put in place, to be controlled by either a Section 106 Legal Agreement or planning condition(s) as appropriate.

[The following parties should form part of the Local Liaison Group: Kirby Bedon Parish Council, Trowse Parish Council, Postwick Parish Council, Thorpe St Andrew Council, local residents, Anglian Water, the Environment Agency, Norfolk County Council, South Norfolk Council and the Broads Authority. The Liaison Group should consider requests from other organisations to join the group. The Local Liaison Group should continue to meet regularly to discuss operational issues, and planned site improvements.']

Policy WP17: Safeguarding Waste Management Facilities
Anglian Water as a sewerage company is generally supportive of the final paragraph of WP17 as drafted. We note that changes have made to the policy to allow for a change of circumstances as set out in earlier representations which is welcomed.
Reference is made to a distance of 400m being used for any proposals in the vicinity of a Water Recycling Centre managed by Anglian Water. Anglian Water's existing Asset Encroachment Policy is currently being reviewed as such we would suggest the policy be amended to provide flexibility to allow for any changes to this distance for individual WRCs.
In relation to sewage pumping stations we would expect to be consulted on proposals for occupied land and buildings within 15m of an existing pumping station consistent with the requirements of Sewers for Adoption.
It is therefore proposed that Policy WP17 of the Local Plan is amended as follows:
'The County Council will safeguard existing and permitted waste management facilities, within the following categories:
* Waste management facilities with a permitted input of over 20,000 tonnes per annum;
* Key water recycling centres (listed in Appendix 8);
* Waste water pumping stations;
Consultation areas are delineated on the Policies Map and extend to 250 metres from each safeguarded waste management facility, and 400 metres from each safeguarded water recycling centre (OR A DISTANCE SPECIFIED BY ANGLIAN WATER IN ANY SUCCESSOR DOCUMENT). The Waste Planning Authority should be consulted on all development proposals within these consultation areas, except for the excluded development types set out in Appendix 4.
Development proposals within the defined consultation areas around safeguarded facilities should demonstrate that they would not prevent or prejudice the use of those facilities. The County Council will oppose development proposals which would prevent or prejudice the use of safeguarded facilities for those purposes unless suitable alternative provision is made, or the applicant demonstrates that those facilities no longer meet the needs of the waste management industry or ANGLIAN WATER AS THE relevant sewerage company.
'In addition, any development which includes OCCUPIED LAND OR BUILDINGS proposed within 15 [50] metres of a pumping station (as identified through the planning application) will be subject to consultation with the relevant sewerage company by the planning authority responsible for determining the application. '

Policy MP4 - Agricultural or potable reservoirs
The need for any additional potable water reservoirs in the Anglian Water company area would be identified through our Water Resource Management Plan (WRMP) which identifies how we will manage the supply/demand balance to continue to supply water our existing and new customers.
Anglian Water's Revised Draft WRMP identifies a number of potential (water) supply side options include winter storage reservoirs in South Lincolnshire and South Fenland.
Currently Anglian Water is undertaking some initial technical work on these and the other options identified in the WRMP (please see page 88 for further details). However it is important to emphasise that the reservoirs are currently options only. No decisions have been by Anglian Water about whether these options will be included in the next WRMP to be published in 2024.
Additional criteria has been added to Policy MP4 following the previous consultation to limit the scale of reservoirs to the minimum possible and to ensure the early delivery of water resources.
The timing of any required reservoirs for potable water for public supply would be determined through the WRMP process which is approved by Defra following consultation with the Environnment Agency and other interested parties. It is therefore unclear whether the appropriateness of any proposed timing should be considered as part of the planning application process.
Similarly what is the intended purpose of limiting the scale of any reservoir and how would this be considered as part of any application.
It is currently unclear whether the criteria are currently effective as currently drafted and we would welcome clarification of what is intended. As there is no further explanation of how applicants could demonstrate that the criteria has been met it suggested that it should be removed.

SIL 02 - land at Shouldham and Marham (silica sand)
We note that the above site is identified as a preferred area for an allocation for silica extraction rather than a site specific allocation or an area of search.
This site is located over a principal aquifer (bedrock) and partially over a Secondary A aquifer (superficial deposits). The eastern part of the site is within groundwater Source Protection Zone 1, however, this has been excluded from the proposed extraction area. The rest of the site is not within a groundwater SPZ. A planning application for mineral extraction at this site would need to include a Hydrogeological Risk Assessment to identify any potential impacts to groundwater and appropriate mitigation measures.
The text for this site includes reference to this requirement as requested by Anglian Water in our previous comments on the Local Plan which is welcomed. However there is no specific policy for this site or reference to the requirement for a Hydrogeological Risk Assessment to be submitted with any planning application.
To ensure that this is a requirement for any proposals for mineral extraction on this site we would ask that reference to this requirement is made in a policy or policies as appropriate rather than the supporting text as proposed.

Policy MP13: Areas of search for silica sand extraction
Anglian Water supports the inclusion of a requirement for a Hydrogeological Risk Assessment to be provided for applicants of sites within the identified areas of search for silica sand.

Appendix 4: Development excluding from safeguarding provisions
We recognise the need for taking a proportionate approach to development proposals which could affect the continued operation of existing water management facilities including water recycling centres.
However Anglian Water wish to be consulted on all residential development proposals which could be affected by the normal operation of a WRC.

Should you have any queries relating to this response please let me know.

Support

Preferred Options consultation document

Representation ID: 98706

Received: 30/10/2019

Respondent: Environment Agency

Representation Summary:

We support the policy WP2 regarding the location of Water Recycling Centres. It should be noted that the decision, ultimately, remains with Anglian Water Services.

Full text:

Preferred Options Plan
Thank you for the opportunity to comment on the Preferred Options stage of the Norfolk Minerals and Waste Local Plan. We have commented on the policies and allocated sites in the same format as the Local Plan itself below.

The Process so far
We are pleased to see water resources are mentioned in this section. However, this section could be strengthened by making reference to whether working beneath the water table is required and whether dewatering is required. This could potentially pose a challenge to sites moving forward so it should have a stronger mention in this section.

Policy MW2: Development Management Criteria
We are pleased to see that point k in this policy makes reference to the natural and geological environment. This point could be enhanced by also making reference to the hydrogeological environment including maintaining groundwater dependent wetlands, surface water flows, groundwater quantity and flow regime.

The policy makes no reference to local air quality regarding waste developments, be it from gas utilisation units or fugitive emissions from landfilled areas and their perimeter. This is especially key where development is close to sensitive receptors or such receptors are developed close to the sites.

We welcome the inclusion of point D in the policy. This could be enhanced to state
"flood risk TO THOSE WORKING on site or an increase in flood risk elsewhere" (addition in CAPITALS ). The policy could also be improved by requiring a Flood Response Plan to manage the safety of the people on site.

Pollution and Local Amenity Impacts
We agree with the inclusion of paragraph 8.12 that lighting levels should be assessed with consideration given to the impact lighting will have on European Protected species. Mitigation could include limiting the operational hours of the site and using down lighting.

We fully support the protection of Local Wildlife sites (county wildlife sites, local nature reserves and local wildlife sites) highlighted in paragraph 8.20 as well as priority habitats and species. We agree that any proposal should only be permitted where it can be demonstrated that the activities will not significantly harm the site, and will require submission of appropriate ecological surveys, carried out by an appropriately qualified ecologist, at the correct time of year as described in paragraph 8.21. We recommend the rewording of the final sentence of paragraph 8.20 to state "Development that may affect Water Framework Directive waterbodies e.g. rivers, streams, lakes will require a WFD compliance assessment".

Water Framework Directive
The plan should make reference to the fact that any development that could impact the status of a water body, whether WFD or not, should be subject to a WFD assessment.

Flooding, Water resources and water quality
We agree with the reference this section makes to flood risk betterment after restoration, reducing flood risk elsewhere and acknowledgement that climate change needs to be considered. However this section does not refer to ensuring there is no increase in flood risk elsewhere through the duration of the works. In addition there is no mention of the flood risk to people on site and the need for management to ensure their safety with a Flood Response Plan. The plan should therefore be updated to this effect.


It is encouraging to see that paragraph 8.40 makes it clear that dewatering for mineral abstraction purposes requires a water abstraction licence from the Environment Agency. However, it should be noted that an abstraction licence for dewatering may not be granted and it is likely that any de-watering water will need to be returned to the aquifer close to where it is abstracted and in a timely manner after the abstraction takes place. Our current Catchment Area Management Strategy (CAMS) policy for issuing abstraction licences intervening use of this water for activities such as mineral washing and dust suppression which have a consumptive element will not be permitted, this be a challenge for sites going forward if alternative sources of water for associated activities such as mineral washing and dust suppression cannot be found.

Paragraph 8.40 refers to the Water Framework directive. A WFD assessment is a good addition and we welcome the suggestion to protect the designated drinking water source protection zones. We also support the use of pollution prevention measures, to prevent pollution of surface and groundwater. This paragraph should also state that the assessment should determine if there could be a deterioration in WFD status. Activities should not allow any deterioration in any of the WFD elements. Minerals and waste management developments should not cause deterioration or prevent a water body from achieving Good Ecological Status/Potential, and whenever possible, help to implement environmental improvement measures to improve waterbodies.

Policy MW4: Climate Change mitigation and adaptation
Paragraph 10.2 states the need to minimise demands on potable water resources. The sentence should continue by saying 'and water resources in general'. As stated above, we are not issuing new consumptive abstraction licences.

A possible linkage could be made between point's b and c - on site renewable energy (both electricity and hot water) could well be provided from captured landfill gas emissions. Any excess energy could then be fed into the local networks.
It would be beneficial to update the wording of point 3 to state "...including rising sea levels, LARGER RIVER FLOWS, and coastal erosion..." (addition in CAPITALS).

Waste Management Specific Policies
In terms of paragraph W0.3, you should ensure that you plan for sites that will 'Prepare for Re-use' as it has been stated that greater weight is being put to the management methodology at the top of the waste hierarchy.

W1.12
The plan states "The latest Defra estimate of C&I waste growth for England is 0.6% per annum, therefore an alternative option would be to forecast C&I waste growth over the Plan period at 0.6% per annum instead of 1.5% per annum. However, it is considered that it is more appropriate to use the Norfolk specific figure of 12.5% per annum". We are unsure where and how this figure of 12.5% has been calculated and why it is so different to DEFRA's estimate. Sustainable economic growth will need enough commercial and industrial waste processing capacity to deal with this increase in waste generation.

Policy WP2: Spatial Strategy for Waste Management Facilities
We support the policy WP2 regarding the location of Water Recycling Centres. It should be noted that the decision, ultimately, remains with Anglian Water Services.

Policy WP3: Land potentially suitable for waste management facilities
This policy should state that waste management facilities (aggregate recycling) also need to consider consumptive water use and where this water will come from.

Policy WP6: Transfer, Storage, Processing and treatment of hazardous waste
It is highly likely that any proposals for the discharge of hazardous waste to surface water or groundwater will require a discharge permit, if allowed. The policy could be improved by saying that under no circumstances, should there be a discharge of treated hazardous waste/materiel to surface waters or groundwater without prior consultation with the EA.

Policy WP9: Anaerobic Digestion
The policy could be improved by making reference to Emergency Planning. Proposals for Anaerobic Digestion (AD) facilities should include a detailed emergency plan should there be an incident, such as a major leak or fire for example. AD leachate is extremely rich in nutrients, which if entering a watercourse, could cause significant environmental harm. We suggest the emergency pan includes nearby watercourses, overlying geology, depth to water table, detailed site drainage plan for example. If possible, an emergency plan should be provided for the Environment Agency to review.

W12: Non-hazardous and hazardous waste landfill
Along with section 5.35, we question whether allowing planning permission for Blackborough End to become an inert landfill and reducing the county's non-hazardous landfill waste capacity to just 1.53 million cubic metres is sufficient for residual waste disposal over the plan period. It is unclear from the Local Plan what the options for residual waste disposal will actually be, except reliance on Refuse Derived Fuel (RDF) and its export. Bearing in mind NCC are keen for sustainable waste management, then the export of RDF by definition its potential energy, does not appear the best long term option. Although waste management options higher up the waste hierarchy are always preferable, there will always be waste streams that can only be disposed in landfill.

Policy WP13: Landfill Mining and Reclamation
Please note that such a proposal will require detailed input and agreement from the Environment Agency.

Policy WP15: Whitlingham Water Recycling Centre
We have previously provided comments stating that we welcomed that the WRC has a long term policy to ensure that further capacity is provided in line with growth. We continue to support long term plans being developed for Whittingham and other WRCs.
W15.2 mentions the sites location is close to the Broads and the associated 'landscape and flood risk concerns'. The location also means there are concerns for water quality due to the close proximity of sensitive protected sites of conservation importance. A statement to acknowledge that water quality needs to be protected should therefore be added to the plan here or in this policy.

Policy MP2: Spatial Strategy for mineral extraction
Point e makes reference to the hydrological catchment around Roydon Common SSSI and Dersingham Bog SSSI. It should be ensured that it is mentioned that it is the hydrological and hydrogeological catchment around Roydon Common and Dersingham bog which should be avoided.
We support the policy to provide a 250m buffer around ancient woodland and designated sites.

Policy MP5: Core River Valleys
This policy should also include "the impact of mineral development on groundwater and the potential to need to work beneath the water table".
Any proposal for quarrying activity within a core river valley should not be approved unless the applicant can demonstrate no adverse effect on the WFD status of the river water body, or its tributaries. A Full WFD assessment (as outlined above) will be required for any proposal for this activity to be carried out within a floodplain.

Policy MP7: Progressive working, restoration and after-use
We are fully supportive of supporting paragraph 7.3 which states there may be suitable ark sites to protect wild-clawed crayfish. Such sites need to be identified well in advance of de-commissioning to that the site can remain bio-secure.
The first bullet point in policy MP7 refers to BAP habitat. Please note that this has been superseded by Priority Habitat (S41 NERC Act, 2006).

Policy MP12: Conventional and unconventional oil and gas development
Unconventional oil and gas production requires a lot of water to be used so it is likely an abstraction licence will be required. In addition, much of this water ends up as wastewater so the appropriate storage, treatment and disposal methods will be required. Discharge to any surface waters or groundwater will likely require a discharge permit and an application will need to be submitted. Having said this, the local plan indicates it is highly unlikely there will be hydrocarbon exploration in Norfolk in the foreseeable future so these comments may not be necessary at this point in time.

Policy MP13: Areas of search for silica sand extraction
As stated in our previous response, policy MP13 needs to address the need for an FRA. An FRA is vital if any of the allocations are located in Flood Zones.
Site Allocations

MIN38: Land at Waveney Forest, Fritton
Following our previous comments, we are welcome the conclusions drawn in this document which state the allocation is unsuitable for allocation.

MIN200: Land West of Cuckoo Land, Carbrooke
The site allocation text mentions that the site will be worked dry above the water table several times. If this is the case then this would alleviate our concerns on impacts on Scoulton Mere SSSI. This however is not included within the policy on page 124 and must be included.

MIN40: Land East of Grandcourt Farm, East Winch
We have concerns regarding this site. In the existing site, permeant dewatering of Carstone is proposed in restoration which goes against our previously raised comments. We would recommend not allocating this site.
Any depth of extraction should be severely limited to minimise de-watering. This could impact of the amount of mineral which can be recovered. As this is a principal aquifer, any de-watering water would need to be returned to the aquifer from which it is taken. An appropriate hydrogeological impact assessment will be required and it may well be that de-watering is not considered suitable at this site, which could limit the amount of mineral that could be recovered.

MIN35: Land at Heath Road, Quidenham
Our comments that we gave to the 2018 consultation remain valid.We have no concerns as it is proposed to work above the water table. This may need to be a planning condition on any application submitted.

MIN102: Land at North Farm, Snetterton
This site is adjacent to Swangey Fen SSSI. We previously stated that we do not consider the site suitable for mineral extraction. We are therefore supportive of the conclusions drawn in this consultation document stating that it is considered unsuitable for allocation

MIN201: Land at North Farm, Snetterton
This site is adjacent to Swangey Fen SSSI. We previously stated that we do not consider the site suitable for mineral extraction. We are therefore supportive of the conclusions drawn in this consultation document stating that it is considered unsuitable for allocation.

MIN6: Land off East Winch Road, Middleton
We are pleased to see that the specific site allocation policy for MIN 6 states the need to work above the water table. However, a hydrogeological impact assessment (not impact assessment) would be required to establish the depth of working.

Min204: Land off Lodge Road, Feltwell
Our previous comments raised within the issues and options stage of the consultation remain valid.

MIN74: Land at Turf Field, Watlington Road, Tottenhill
We agree with the conclusion that this site is unsuitable to be carried forward. If the site were to be taken forward, we would want to see a suitable hydrogeological impact assessment.

MIN76: Land at West Field, Watlington Road, Tottebhill
We are already aware of the planning application that has been submitted in terms of this application and have no further comments to make.

MIN77: Land at Runns Wood, South of Whin Common, Tottenhill
We agree with the conclusion that this site is unsuitable to be carried forward. If the site were to be taken forward, we would want to see a suitable hydrogeological impact assessment.

MIN206: Land at Oak Field, west of Lynn Road, Tottenhill
We consider this site suitable for sands and gravel extraction. The need for a hydrogeological impact assessment must be included within a bullet point in the specific site allocation policy. It's likely that de-watering will be required here.

MIN32: Land west of Lime Kiln Road, West Dereham
We agree with the conclusion that the site is unsuitable to be carried forward. We would want to see a suitable hydrogeological impact assessment if the site was carried forward and, as it is sands and gravels overlying chalk bedrock, it is possible that de-watering would not be considered a suitable option.

Area of search for AOE E
Given previous issues we have had with silica sand extraction in the vicinity of this site, we would expect all extraction to be above the watertable. This is likely to limit the amount of resource that can be recovered. It should be noted that the silica sand is part of a principal aquifer.


SIL01, AOS F, AOS I and AOSJ
The starting position should be not to allow de-watering as outlined in our comments to site allocation MIN40.

Silica Sand search locations
If de-watering is not to occur at the silica sand search locations as mentioned in our response above, this can heavily impact on the amount of resource available.

We trust this advice is useful.

Comment

Preferred Options consultation document

Representation ID: 98861

Received: 30/10/2019

Respondent: Essex County Council

Representation Summary:

Paragraph W2.1 - The spatial strategy supporting text may benefit from recognising that a number of waste management facilities can be co-located to offer synergistic benefits. The paragraph should also recognise that particular waste management facilities will have locational requirements which restrict where they can be effectively located. This is already recognised in Policy WP2 and Section W3 and therefore it would be appropriate to include the recognition for locational requirements in the factors considered under this paragraph.

Policy WP2: Spatial Strategy for waste management facilities
The requirement for new or enhanced waste management facilities to be located within five miles of one of Norfolk's urban areas or three miles of one of the main towns is considered to be arbitrary and the appropriateness of this is questioned. The primary concern should be whether the site is near to the waste source. Economics will in any event restrict the distance a facility could be located from potential sources of waste material.

Full text:

Thank you for the opportunity to comment on the Norfolk Minerals & Waste Local Plan Preferred Options, July 2019.
Essex County Council acting as the Minerals and Waste Planning Authority would like to make the following comments:
Vision
The intention for Norfolk to be self-sufficient in sand and gravel production and waste management, where practicable, is supported. The continuing recognition that Norfolk is an important supplier at the national level of silica sand is also welcomed, as is the acknowledgement of the need to safeguard minerals and waste infrastructure.
The current Vision seeks to avoid 'unacceptable adverse impacts on the amenity of local communities, the natural, built and historic environment, the landscape and townscape of Norfolk. Opportunities to enhance such features will be supported.' The intention is supported but it is noted that the Government have mandated that new development should result in net biodiversity gain. It is considered that this should be bought out within the Vision and/or the Strategic Objectives, as well as relevant policy.
Mineral Strategic Objectives - MSO1
It is considered that MSO1 would benefit from being re-drafted to mirror the drafting of MSO2. The stated aim of MSO1 is (inter-alia) 'To provide a steady and adequate supply of aggregate ... sufficient to meet the requirements of the Local Aggregate Assessment'. The Local Aggregate Assessment is a reporting and forecasting tool and therefore does not strictly contain a specific 'requirement'. MSO2 refers to the intention 'To provide a steady and adequate supply of industrial minerals...sufficient to meet the forecast need'. It is considered that MSO1 would benefit from being redrafted to also reflect the intention to meet a forecasted need. A supporting reference could set out that the LAA assists in the establishment of need forecasts.
General Policies
Policy MW3 - Transport
The plan makers may wish to consider including a hierarchy of preference for transportation routes to ensure that site promoters are required to expressly consider the most sustainable route to the nearest Principal Road or Main Distributor Road. This may aid in ensuring that applications demonstrate adherence to the provisions of Paragraph 9.5, Paragraph 9.6 and Paragraph W2.1b
Waste Specific Policies
Paragraph W0.5 - The paragraph references Article 16 of the Waste Framework Directive with regard to what is expected for compliance with the proximity principle
and self-sufficiency with respect to waste management. The Plan makers may wish to consider PPG Paragraph: 007 Reference ID: 28-007-20141016 as a secondary or replacement reference as this defines expectations for the same as they relate to waste planning authorities rather than Member States. It is recognised that the appropriateness of substituting the reference is tempered by the fact that the PPG is not strictly policy.
Policy WP1 - Waste management capacity to be provided
The methodologies used to forecast future waste need are considered to be appropriate. The current preferred approach of basing LACW growth on the growth profile set out in the Norfolk SHMA rather than that published by the ONS is supported, as is the utilisation of a locally derived figure for forecasting the need for C&I capacity over the plan period.
The approach to forecasting the future need of hazardous waste management facilities is acknowledged. Forecasting a reduction in need appears appropriate given the reduction in this type of waste that has been managed in the Plan area. However, as with any reduction in forecasted need, it is expected that robust monitoring of the accuracy of these forecasts will be carried out. It is also unclear from the information presented in the Waste Management Capacity Assessment 2017 why an annual reduction in hazardous waste arising of 6.6% has been selected over any other potential figure.
Paragraph W2.1 - The spatial strategy supporting text may benefit from recognising that a number of waste management facilities can be co-located to offer synergistic benefits. The paragraph should also recognise that particular waste management facilities will have locational requirements which restrict where they can be effectively located. This is already recognised in Policy WP2 and Section W3 and therefore it would be appropriate to include the recognition for locational requirements in the factors considered under this paragraph.
Policy WP2: Spatial Strategy for waste management facilities
The requirement for new or enhanced waste management facilities to be located within five miles of one of Norfolk's urban areas or three miles of one of the main towns is considered to be arbitrary and the appropriateness of this is questioned. The primary concern should be whether the site is near to the waste source. Economics will in any event restrict the distance a facility could be located from potential sources of waste material.
Paragraph W3.3 - A distinction could be made between strategic / permanent aggregate recycling facilities and those temporary aggregate recycling facilities which are commonly co-located with active mineral workings. This distinction is already recognised in Policy WP3 so could be mentioned within the supporting text.
Paragraph W4.1 - The following text could be inserted to qualify that recycled aggregate cannot always be used as a direct substitute for primary aggregate - 'Whilst the resultant material is typically lower grade, recycled inert material can still often act as a substitute for freshly excavated material.' In the same vein, it could be noted in a relevant part of the Plan that marine-won aggregate cannot always be used as a direct substitute for land-won aggregate.
Policy WP3 - Land potentially suitable for waste management facilities
Whilst it is recognised that the intentions behind Policy WP7 are positive, it is not considered appropriate to establish caveats for Council operated sites that do not apply to the full range of potential waste management facilities that the county may require. It is considered that Policy WP3 should be amended to include text along the following theme (wording amended from Policy WP7 - "Where sufficient information is submitted to demonstrate that no suitable sites consistent with Policy WP3 are available within the area to be served by the waste management facility, the development of a waste management facility may be acceptable on other sites provided there is an established need for the facility and the proposal is consistent with the development management criteria set out in Policy MW2 and the wider Development Plan."
Policy WP7 - Household Waste Recycling Centres
Whilst it is recognised that the intentions behind Policy WP7 are positive, it is not considered appropriate to establish caveats for Council operated sites that do not apply to the full range of potential waste management facilities that the county may require.
Policy WP17 - Safeguarded waste management facilities
The proposed approach is supported although it is considered that the operation of this policy would be significantly improved by delineating, by way of an appendix referred to in the policy, the nature of evidence that would be required to be submitted alongside a non-waste application such that the County Council could be satisfied that the proposed development would not impact on the operation of the current or future waste management facility.
It is also considered that the plan makers consider including extending safeguarding provisions to sites allocated for a waste use. Whilst it is noted that the current version of the emerging Plan includes no such waste allocations, this stance may change in the future, and the inclusion of 'allocated sites' in the policy wording at this juncture may future-proof the policy.
Mineral Specific Policies
Sand and gravel requirements and shortfall
The intention to provide aggregate above both the ten year and three year rolling averages is supported in recognition of the fact that the last three years of sales demonstrate an upward trend and that the ten year rolling average would fail to satisfy the last four years of production. It is agreed that sales over the last ten years have been significantly lower than the figure presented in the sub-national guidelines although it is further noted that sales prior to the recession were noticeably closer to the figure presented in the guidelines.
The argument of basing sand and gravel provision on a 20 year sale average is however questioned. The 20 year period is considered to 'take into account potential fluctuations in the economy' (Para MP1.6) whereas the Norfolk LAA 2017/18 states (Section 6.2) that 'modern methods of construction use considerably less aggregate than methods used in previous decades, and this decline in the intensity of aggregate use has been a continuing trend over a number of years.' This LAA statement brings into question the appropriateness of using 20-year-old figures and appears to contradict the appropriateness of doing so as advocated by the Norfolk MWLP Paragraph MP1.6.
Notwithstanding the above, the 20-year sand and gravel production average equates to approximately 85% of current production. Whilst it is recognised that a direct parallel cannot be made, it is considered that the appropriateness of the 20-year production average figure needs to be justified, in qualitative terms, on the basis of both current rates of production / development in Norfolk and future rates of development. This assessment should also consider demand from significant projects such as the relatively proximate Sizewell C nuclear facility.
To clarify, ECC is not necessarily objecting to the annualised production figure that equates to the 20 year rolling sales average, but considers that this figure needs to be more robustly justified in the context of a comparison of current and future needs rather than that the figure simply equating to 20 years of rolling sales.
The intention to not offset the need for primary allocations with an assumed contribution from recycled and marine-won aggregate is supported.
Paragraph MP1.10 - The appropriateness of basing silica sand supply on an annual production figure of 750,000 is not understood on the basis of this figure failing to meet the three-year sales average since 2013. As noted in the Norfolk LAA 2017/18, Norfolk is a significant national supplier of silica sand and it is considered that the proposed annual production figure may represent under-provision.
Policy MP1 - Provision for mineral extraction
The over-arching principles of Policy MP1 are supported although the appropriateness of the need figures for sand and gravel and silica sand are questioned on the basis of the representations made with regard to the 'sand and gravel requirements and shortfall' section and Paragraph MP1.10.
Defining Areas of Search (for Silica Sand) and Policy MP2 - Spatial Strategy for mineral extraction
It is considered that Areas of Search should not be limited by factors that would not amount to show-stoppers for mineral working itself. For example, as a temporary land use, mineral extraction is not considered to have the same impact on heritage assets and their setting as more permanent forms of development. Mineral extraction may even present opportunities to improve the setting of heritage assets in the long-term through sympathetic restoration. As such, it is considered that Areas of Search should be re-defined to include all relevant land where mineral extraction could theoretically be permitted.
The requirement for all sites to be within five miles of one of Norfolk's urban areas or three miles of one of the main towns is considered to be arbitrary. It is questioned how much land otherwise suitable for mineral extraction would be lost through not conforming to this requirement.
Policy MP3 - Borrow Pits
The requirement for a borrow pit to be capable of being accessed from the construction project site either directly or via a short length of suitable highway is considered to be unduly restrictive and may unduly fetter the development management process. Further, rather than stipulating that the borrow pit must be worked and restored by the completion of the related construction project, it may be more appropriate to request that a restoration scheme is agreed as part of the construction project in order to potentially increase the scope for beneficial after-uses. The remaining provisions are supported.
Paragraph MP11.6 - This paragraph states that 'To ensure that the Mineral Safeguarding Areas are proportionate, the area covered by the MSA will include only those deposits which are most likely to be commercially viable.' On this point, it is noted that the aim of safeguarding mineral is to protect the mineral to allow its future use, which may be some way into the future. What is considered 'most likely to be commercially viable' may well change in the future. On that basis, it is considered more appropriate to safeguard the whole sand and gravel resource and apply a threshold above which planning applications within an MSA will be subject to safeguarding policy. . It is suggested that the plan makers consider the provisions of the POS/MPA Minerals Safeguarding Practice Guidance in relation to this issue.
Policy MP10: safeguarding of port and rail facilities, and facilities for the manufacture of concrete, asphalt and recycled materials and Policy MP11: Minerals Safeguarding Areas and Minerals Consultation Areas
The proposed policy approaches are supported although it is considered that the operation of these policies would be significantly improved by delineating, by way of an appendix referred to in each policy, the nature of evidence that would be required to be submitted alongside a non-mineral application such that the County Council could be satisfied that the proposed development would not have a detrimental impact on existing or allocated sites for mineral development. It is suggested that the plan makers consider the provisions of the POS/MPA Minerals Safeguarding Practice Guidance as a basis for the type of information that should inform the relevant assessments.

Object

Preferred Options consultation document

Representation ID: 98875

Received: 30/10/2019

Respondent: West Winch parish council

Representation Summary:

Distance of waste facilities needs to be considerably increased to safe levels for human health away from populated areas.

Full text:

Fracking
Unnatural disturbance of the Earth's geological structure and plates is caused by fracking. Unknown effects could be disastrous and harmful for communities. It is irresponsible and dangerous for the current and future population. Fracking will contribute to climate change so goes against all policies to lessen effects of unnatural 'actions', eruptions and earth tremors.
Fracking already taking place in the Country has caused several tremors, causing fear, alarm and distress to residents. This is a material effect on human health and well-being.

Incineration
West Norfolk is responsible for more than a quarter of the County's emissions
(Lynn News page 12 - 9 August 2019.)

To allow, or even think of putting incineration into policies, is blatantly going against democracy of the last King's Lynn & West Norfolk Borough Poll where 65,000 people voted against incineration and NCC wasted millions of pounds on an abandoned project. Efforts should be put into alternative methods of waste reduction and disposal, or re-use schemes.

Questions asked by Norfolk County Councillor, Alexandra Kemp to NCC Cabinet.
Following £34 million lost from Council's budget, with the cancellation of the infamous South Lynn incinerator contract for Planning Failure in 2014, Council agreed a No-Incineration-in-Norfolk Policy, ("Appendix M").

West Norfolk is alarmed by the criteria-based Draft Waste Plan, which fails to state our No-Incineration Policy, instead permissively lists forms of incineration ( page 56), endangers West Winch Growth Area by permitting prospecting for fracking ( page 90), erroneously ignoring prospecting always causes earthquakes.

Can Cabinet amend the Plan to state " in West Norfolk, where 65,000 people voted against incineration in the Borough Poll, applications for incinerators will not be permitted"; and exclude fracking and prospecting for fracking?

West Winch Parish Council agrees with the County Councillor, Alexandra Kemp.

We do not need these policies which can cause more problems with emissions and climate change.

Policy WS07 Huge risks to human health and well-being and Air Quality page 17, para 5.18.

Page 26 Presumption in favour of sustainable development is likely to breach 7.1 (b) Communities health....
'Presumption in favour ...' should be removed.

Policy MW2 Development Management Criteria
'Unacceptable impact on (a) to (m).

Page 28 Pollution and Local Amenity Impacts
Para 8.9 there should be no impact on human health - densely populated area King's Lynn and proposed massive development at South East King's Lynn (SEKL).
Para 8.20 mentions Ancient Woodland - This must also apply to historical Grazing Commons, especially in West Winch and North Runcton.

Historical Environment
Para 8.28 - King's Lynn has ancient historical buildings. Harmful emissions and fracking would affect these valued buildings which attract visitors and tourists, contributing major finance to the area's economy.

West Winch and North Runcton have protected sites of local value -
Reference - page 20, West Winch and North Runcton Neighbourhood Plan (Planning material consideration)
Plus, 2 sites of Special Scientific Interest, and
3 County Wildlife Sites, including West Winch Common.

Page 32 - Land and Soil Resources
Para 8.31 Agricultural Land, which should include Grazing Common Land, must all be protected from contamination to protect our food chain for the future of the whole Country.

Page 34 Cumulative Impacts
It is imperative that cumulative impacts are taken into account as too often measurements are only taken close to the proposed development. Cumulative measurements impact on human health.

Page 46 '.... Not considered necessary to allocate any waste management sites in the Plan' - which means these sites can be developed anywhere on industrial sites etc and they could be near to densely populated areas.
This should be scrutinised more closely and incineration must be deleted.

Page 46 Policy WP1 Hazardous -----
Norfolk County Council needs to keep tight control over hazardous waste received from other Waste Planning Authorities.

Page 48 Policy WP2 Distance
Distance of waste facilities needs to be considerably increased to safe levels for human health away from populated areas.

Support

Preferred Options consultation document

Representation ID: 98890

Received: 30/10/2019

Respondent: F H Ventures Norfolk Ltd

Agent: MJCA

Representation Summary:

The policy is generally supported and provides flexibility for new waste management sites to be brought forward where they are needed on sites in proximity to where the production of waste is likely to be concentrated in the larger settlements where the greatest housing and employment growth during the plan period will take place.
It is stated in Policy WP2 that waste management facilities will only be acceptable on the types of land identified within Policy WP3 (land potentially suitable for waste management facilities). It is considered that to provide flexibility to ensure waste management sites are brought forward where a need is demonstrated on sites that are suitable in the specific development context wording such as 'or other sites demonstrated as suitable for the facility proposed' should be added to the policy.

Full text:

Comments on the Norfolk Minerals and Waste Plan - Preferred Options, July 2019

MJCA are instructed by FH Ventures Norfolk Ltd to review the Norfolk Minerals and Waste Local Plan - Preferred Options document, July 2019 and prepare a response with comments on policies in the plan relevant to waste management and the site at Harling Road, Snetterton (an allocated site in the Adopted Norfolk Waste Site Specific Allocations Development Plan Document 2013 (DPD, 2013)).

The site at Harling Road, Snetterton is part of a former mineral working including the road frontage which is occupied by the site access road and a ready mix cement plant. To the south and adjacent to the former mineral working is a closed, restored landfill site, substation and recycling centre. A copy of the plan showing the site is attached for your information. The former mineral working and the closed, restored landfill are under separate ownership. In this document reference to the site is to the former mineral working and the road frontage.

As part of the work to assess the relevant Preferred Options Policy the planning status of the site has been reviewed and information on the current status regarding the adjacent closed, restored landfill site has been discussed with Norfolk County Council. The approved restoration scheme is for a single landform with a domed profile over the landfill and the former mineral extraction site. It is concluded that based on the dual ownership status, together with the presence of the closed landfill to the south of the site at which leachate and landfill gas generated is actively managed it is highly unlikely that the approved restoration scheme for the site will be achieved this is in particular as the sites are owned separately and any restoration scheme covering both sites in a single domed profile would include filling of a boundary wedge which would extend into both sites. It is also highly unlikely that it would be viable to raise the ground levels at the site to the domed shape in the approved profile with wastes that needed to be deposited in engineered containment cells due to the limited waste void that would be generated. It is considered that the site is suitable for the base to be raised with suitable compacted inert material if a larger footprint is needed for waste treatment and storage. The landowner acknowledges that the site can be returned to a beneficial use and that there is a need to bring forward a plan which addresses the long term use of the site compatible with its setting.

The Company are considering development options for the site such as waste treatment and storage and as part of any planning application will amend the consented restoration scheme for the former mineral extraction site which as stated above cannot be achieved.

Comments on specific policies

Policy WP1 Waste management capacity to be provided
The Policy provides indicative arising forecasts for waste types during the plan period up to 2036. It should be acknowledged that a strategic policy relating to waste management capacity may need to be updated over time as forecasts for the quantities of waste generated change and sites included in the capacity assessment close, or are not brought forward. The policy does acknowledge that new facilities or changes to existing facilities which help achieve the targets for recycling, composting, reuse and recovery set out in the Waste Management Plan for England (2013) will be encouraged. The wording of Policy WP1 should be changed to remove reference to sufficient capacity exists to meet the growth forecast as it is likely this will change during the plan period. The implementation of the Resources and Waste Strategy (December 2018) will require flexibility in plans in order that waste management operators can respond to specific requirements as the policy details become clearer.

Policy WP2 Spatial Strategy for waste management facilities
The policy is generally supported and provides flexibility for new waste management sites to be brought forward where they are needed on sites in proximity to where the production of waste is likely to be concentrated in the larger settlements where the greatest housing and employment growth during the plan period will take place.
It is stated in Policy WP2 that waste management facilities will only be acceptable on the types of land identified within Policy WP3 (land potentially suitable for waste management facilities). It is considered that to provide flexibility to ensure waste management sites are brought forward where a need is demonstrated on sites that are suitable in the specific development context wording such as 'or other sites demonstrated as suitable for the facility proposed' should be added to the policy.

Policy WP3 Land potentially suitable for waste management facilities
The policy provides flexibility for new waste management sites to be brought forward where they are needed based on contracts and market conditions during the timeframe of the plan. It is considered that former mineral extraction sites should be added to the list of land types where waste management facilities will be acceptable. It is unclear why a call for sites exercise was undertaken earlier in 2019 if the Council were not intending to allocate sites in the plan. The need to allocate sites for waste management development should be reconsidered as part of the examination process. As stated in the Preferred Options Document planning applications for waste management facilities will come forward during the plan period and allocations for the location of potential waste management sites is helpful in terms of planning for a specific area.

Appendix 3 - Existing Waste Site Specific Allocations Policies
It is noted that all of the sites allocated in the Waste Strategic Sites Allocations Document, 2013 are proposed for deletion. It is acknowledged in the Preferred Options document, 2019 that waste management sites will come forward during the plan period. It is considered that site allocations provide certainty regarding the type and location of waste management sites that may come forward during the plan period. In the event that the allocated sites are reviewed as part of the Examination it is requested that the promoters are provided the opportunity to make representation on the assessment of previously allocated sites.

Appendix 10 - Proposed Waste Management Sites
It is unclear why a call for sites exercise was undertaken in early 2019 if site allocations were not going to be included in the emerging plan. At Appendix 10 of the Preferred Options document an assessment of the sites proposed is presented. The conclusions for site WS2 (Former mineral working at Heath Road, Snetterton) presented in Appendix 10 that the site is unsuitable to allocate are disputed. The site is a former mineral extraction with an approved unachievable restoration scheme hence an alternative restoration or use for the site should be encouraged. The need to restore the site to a uniform ground level before a waste management facility, or other development could be brought forward would be subject to a detailed design and risk assessment in consultation with the Planning Authority and the Environment Agency. This is a specific characteristic of the site which would need careful consideration during the design and assessment of any development proposal at the site, but is not considered a significant constraint that would affect the deliverability of a permanent waste management facility on the site. It should be noted that development at the site may also be proposed without the need to infill the site to a uniform ground level.

Comment

Preferred Options consultation document

Representation ID: 98906

Received: 28/10/2019

Respondent: Serruys Property Company Limited

Agent: Howes Percival LLP

Representation Summary:

In addition, we consider the following amendments should be made to the Emerging Plan policies for clarity:
Policy WP2: this policy should be amended by referring specifically to the plan on the following page so it is clear as to how the 3 and 5 mile distances are to be applied. Alternatively, such clarification may be provided in paragraph W 2.2.

Full text:

Our Client: Serruys Property Company Limited
Atlas Works, Norwich Road, Morton-on-the-Hill and Weston Longville ("Site")
Norfolk Minerals and Waste Local Plan Preferred Options Consultation
We write on behalf Serruys Property Company Limited ("SPCL") in response to the Norfolk Minerals and Waste Local Plan Preferred Options document ("Emerging Plan"):

1. SPCL is the owner of the Site totalling 9.1 hectares. The Site includes the following land identified on the enclosed plan:

a. Part of the Site edged blue allocated by Policy WAS 76 in the Waste Site Specific Allocations Development Plan Document (adopted October 2013) ("Adopted DPD"). This allocation extends to 0.4 hectares for an extension to the existing scrap metal recycling facility with an estimated capacity of 50,000 tonnes per annum. Policy WAS 76 is copied below:

Policy WAS 76
The site is allocated for an extension to the existing scrap metal recycling facility. Development will be subject to compliance with adopted Core Strategy and Development Management policies, and will require any planning application to address. in particular, the requirements below:
* Screening and landscaping along the boundary with Marriott's Way to protect landscape and local amenity;
* Protection or the amenities of residents, other businesses. and users of Marriott's Way through the siting and design of buildings, plant and equipment, including consideration of cumulative impacts with existing metal recycling on adjoining land, and mitigation and control of visual intrusion, noise, vibration, dust, litter and lighting;
* Appropriate site design. engineering and operations, including a Surface Water Management Strategy, impermeable site surfacing and a sealed drainage system, to ensure no adverse effects on the integrity of the River Wensum SAC and other protected habitats in the vicinity of the site;
* Submission of a Transport Assessment to include evaluation of the impacts of the development on the A1067 and on accesses to the A47 and provide appropriate mitigation if necessary; and
* Provision of acceptable highway access, including improvements to and rationalisation of existing site highway accesses off the A1067.

b. The remainder of the part of the Site coloured orange of 8. 7 hectares and allocated by Policy WAS 78 in the Adopted DPD for mixed waste processing, metal recycling, inert waste recycling, treatment of household waste etc of up to 150,000 tonnes per annum. Policy WAS 78 is copied below:

Policy WAS 78
The site is allocated for mixed waste processing, metal recycling, inert waste recycling, in-vessel composting, physical, chemical, and/or mechanical/biological treatment of household waste, waste transfer. and other forms of residual waste treatment excluding thermal treatment. Development will be subject to compliance with adopted Core strategy and Development Management policies, and will require any planning application to address, in particular, the requirements below:
* The scale and bulk of new buildings and structures being compatible with the landscape in this location on the edge of the Wensum Valley;
* Screening and landscaping along the boundary with Marriott's Way to protect landscape and local amenity;
* Protection of the amenities of residents, other businesses. and users of Marriott's Way through the siting and design of buildings, plant and equipment, and mitigation and control of visual intrusion, noise, vibration, dust, bioaerosols, litter, odour, and lighting;
* Appropriate site design, engineering and operations, including a Surface Water Management Strategy, impermeable site surfacing and a sealed drainage system, to ensure no adverse effects on the integrity of the River Wensum SAC and other protected habitats in the vicinity of the site, particularly from water run-off and emissions to air;
* Submission of a Transport Assessment to include evaluation of the impacts of the development on the A1067 and on accesses to the A47 and provide appropriate mitigation if necessary; and
* Provision of acceptable highway access, including improvements to and rationalisation of existing highway accesses off the A1067.

c. Land hatched blue comprising the existing metal recycling facilities (which includes part of the Site allocated under WAS 78) [The capacity from this facility is included in Appendix 1 "Waste facilities over 20,000 tonnes per annum in Norfolk 2012-2016" to the Waste Capacity Assessment 2017 (updated in June 2019) ("Waste Capacity Assessment")].

d. Land hatched red comprising part of the existing allocation WAS 78 of 2.1 hectares that has the benefit of planning permission for waste processing and the production of Refuse Derived Fuel ("RDF") with an annual throughput of 150,000 tonnes per annum and associated works. This development is permitted pursuant to planning permissions granted under reference APP/X2600/W/17/318973 dated 22 August 2018 and under reference C/5/2017/5007 dated 20 September 2018 ("Existing Consents").

2. The Site remains available. SPCL remain committed and supportive of waste management facilities across the Site and in turn would fully support - and recommend - the retention of the allocations under WAS 76 and WAS 78 in the Emerging Plan.

3. As explained in previous representations made on behalf of SPCL, the Site has a capacity for waste processing of up to 300,000 tonnes; 150,000 of which has already been permitted through the Existing Consents and 50,000 of which is already deemed acceptable through the current WAS 76 allocation. An increase of only 100,000 tonnes per annum is therefore proposed, which may appropriately be accommodated on the Site.

4. It is acknowledged that the Waste Capacity Assessment concluded: "sufficient capacity already exists to accommodate the forecast growth in waste [arising] over the Plan period to 2036. Therefore, it is not considered necessary to allocate any specific sites for waste management facilities in the M&WLPR. However, planning applications for new waste management facilities are still expected to come forward during the Plan period, both to move waste management up the waste hierarchy and because waste management is a contract driven and competitive industry. Therefore, the M&WLPR contains criteria-based policies to determine those planning applications that come forward for waste management facilities. [Emerging Plan, paragraph 1.2,]

5. However, the Waste Capacity Assessment has taken into account - when reaching the conclusion that sufficient capacity may exist for waste facilities over the plan period - the anticipated capacity from the Site allocated already under WAS 78 and permitted under the Existing Consents. [Waste Capacity Assessment, paragraph 2.4 and Appendix 2]

6. It is therefore crucial to ensure that this part of the Site remains allocated for waste processing uses. Otherwise there cannot be any guarantee that the Site, or any waste processing sites of a suitable type and location to meet identified needs, would come forward during the plan period.

7. For this same reason, SPCL would support the continued allocation of the Site as a whole for waste management uses in the Emerging Plan for up to 300,000 tonnes per annum. SPCL would also propose that the proposed uses reflect that contained in existing Policy WAS 78 save for the addition of thermal treatment. This is particularly because most of RDF is currently exported as the UK does not have sufficient facilities to properly convert RDF into energy. An allocation for thermal treatment would therefore be of substantial benefit, particularly following Brexit and the uncertainties over continuation of the export of RDF.

8. It must also be remembered that the suitability of the Site for waste processing has already been accepted through adoption of the Adopted DPD policies WAS 76 and WAS 78 [See paragraphs 6.76.2 to 6.76.5 and 6.78.2 to 6.78.5 of the Adopted DPD] and the Existing Consents.

9. In particular, the Adopted DPD acknowledges that there would be no adverse impact on the integrity of European sites (i.e. the River Wensum SAC) and that any other environmental impact or constraints could be sufficiently mitigated as may be demonstrated through a planning application. [Confirmed in paragraphs 6. 76.3 and 6. 76.5, and 6. 78.3 and 6. 78.5 for WAS 76 and WAS 78 respectively]

10. The suitability of part of the Site allocated under WAS 78 for waste processing for up to 150,000 tonnes per annum was agreed through the planning applications that culminated in the Existing Consents. Both the Council (following no objection from the various statutory consultees) and the Inspector on appeal in granting consent found that there were no planning or environmental constraints preventing the grant of planning permission for waste processing.

11. For the above reasons, it is clear that the Site should be specifically allocated for waste processing for up to 300,000 tonnes per annum for those specific uses detailed in policy WAS 78 (copied above) plus thermal treatment.

12. In addition, we consider the following amendments should be made to the Emerging Plan policies for clarity:

a. Policy WP2: Spatial Strategy for waste management facilities: this policy should be amended by referring specifically to the plan on the following page so it is clear as to how the 3 and 5 mile distances are to be applied. Alternatively, such clarification may be provided in paragraph W 2.2.

b. Policy WP3: Land potentially suitable for waste management facilities: this policy should be amended so that criteria (b) includes land with an existing or lawful general industrial B2 use or storage and distribution use under B8, or on sites that were previously consented for waste management facilities.

c. Policy WP6: Transfer, storage, processing and treatment of hazardous waste: this policy should again be amended in line with the suggestion at 12 (b) above for Policy WP3.

d. Policy WP7: Household Waste Recycling Centres: this policy should be amended by replacing the words "may be" to "will only be" for clarity and to be consistent with the terminology used in policies WP3 onwards.

Should you wish to discuss further, or require any further information, please do not hesitate to contact the writer on the details below.

Comment

Preferred Options consultation document

Representation ID: 98998

Received: 30/10/2019

Respondent: Borough Council of King's Lynn and West Norfolk

Representation Summary:

NCC have reviewed the policies in the current plans and as with Minerals moved them on to an end date of 2036. One particular item is relevant to West Norfolk. This is the overall locational strategy for waste management facilities.
4.2 Main points:
* From Policy WP2 in the Preferred Options it would seem possible to locate waste management facilities away from the broad location that generated the waste. Thus necessitating potentially significant transport movements, and possibly generating resentment from recipient communities.
* Whilst not necessarily inappropriate for all types of waste where specialist facilities are needed, extremely careful thought should be given to general waste or significant quantities requiring movement.
* A better approach would seem to be one where the policy encouraged waste to be dealt with as near to the generating source as possible.
* It is suggested our original comments are still appropriate to make.

Full text:

Original response received 30.10 2019
Revised response received 18.12.2019

3. Implications for the Borough from sand and gravel and silica sand policies / areas
3.1 Tottenhill (Site 206 - West of Lynn Road) This is an extension of existing works. The Tottenhill sites would be worked sequentially to mitigate any cumulative impacts. Potentially acceptable subject to the requirements in the policy.

3.2 A site at East Winch (Site MIN06 Mill Drove, Middleton) is allocated for carstone extraction. Potentially acceptable subject to the requirements in the policy.

3.3 Silica sand - AoS's (E, F, J and I) and SIL01. The County Council concludes that Site SIL01 is suitable to allocate for silica sand extraction. Development will be subject to compliance with the relevant Minerals and Waste Local Plan Policies and Specific Site Allocation Policy SIL01. There are reasonable safeguards for the locality.

3.4 The AoS are the same as previously expressed in the Initial Consultation document. Silica sand is a nationally important industrial mineral, and as such, the County Council must make adequate provision for its extraction. However they are not able to find suitable sites for the quantity of sand required, especially having dropped a site at Shouldham / Marham. The AoS are large and the expectation is that a suitable location could be found within one of the areas. Without detailed further information or operator preferences, it is not possible to pinpoint a site and therefore assess the localised impacts. Whilst this may be unsatisfactory for local communities who fear the consequences of extraction, it does give a positive indication that the County Council is safeguarding land and narrowing down suitable sites. It would be unrealistic to seek to have no areas of search at all, and the Plan could be found 'unsound', which would not be of benefit to the area.

Policy MP13 Silica Sand Area of Search (AoS E - Shouldham Warren area) and Policy MP2 - Spatial Strategy for mineral extraction (including reference to Silica Sand Areas of Search, and buffer zones (clause e))
3.5 Policy MP13 provides a criterion based approach to potential development in Areas of Search, including Area E. The expectation is that various assessments about related impacts will be provided in support of any applications, covering matters such as archaeology, landscape etc. Heavy reliance is placed on the safeguards from supporting studies to achieve acceptable development.
The recent decision by Norfolk County Council (in respect of it's Environmental Policy - County Council 25 November) to support the planting of some 1 million trees over the next 5 years to mitigate for the effects of climate change suggests a significant policy shift in the important role that trees play in County Council operations. It is clear that much more attention needs to be given the retention of existing tree cover in any mineral extraction situation. Shouldham Warren is an extensive area of tree cover, with additional recreation opportunities. An elevated status needs to be given to this in the planning balance as to whether an Area of Search should be designated at Shouldham, the Borough Council view is that the County Council should remove the AoS for this reason.
Additionally, Policy MP2 provides a degree of protection for areas with defined characteristics. Clause a. refers to 'ancient' woodland. In view of the County Council decision referred to above, it would be appropriate to delete the word 'ancient', leaving an enhanced level of protection to woodland generally.
Conclusion on AoS E (Shouldham) - Taking into account the two proposed amendments to policies affecting the potential for extraction at Shouldham, and the significant additional constraints now evident, the AoS should be removed.
MP2 Clause e) - Whilst the hydrological catchment around Roydon Common and Dersingham Bog, is specifically mentioned in Policy MP2e for exclusion, the complex hydrology and geology of these extremely sensitive sites is not fully understood. These two habitats have been recognised through the Ramsar, SAC and SSSI designations as having protected status. The introduction of wider 1.5km buffer zones would better mitigate any risk.

3.6 Policy MP7 (relating to restoration and aftercare) suggests that preference will be given to enhancing biodiversity, green infrastructure, and high quality local landscapes. This approach is supported. Whilst not necessarily appropriate in all circumstances, tree planting on restored sites would be a useful additional boost to mitigate for climate change. It is proposed that an additional clause is added to this effect as a fifth bullet point in paragraph four to the policy.

4. Implications for the Borough from the NCC approach to proposed waste and other policies on 'energy minerals'.

4.1 NCC have reviewed the policies in the current plans and as with Minerals moved them on to an end date of 2036. One particular item is relevant to West Norfolk. This is the overall locational strategy for waste management facilities.
4.2 Main points:
* From Policy WP2 in the Preferred Options it would seem possible to locate waste management facilities away from the broad location that generated the waste. Thus necessitating potentially significant transport movements, and possibly generating resentment from recipient communities.
* Whilst not necessarily inappropriate for all types of waste where specialist facilities are needed, extremely careful thought should be given to general waste or significant quantities requiring movement.
* A better approach would seem to be one where the policy encouraged waste to be dealt with as near to the generating source as possible.
* It is suggested our original comments are still appropriate to make.
4.3 Incineration - For the avoidance of doubt, it would be helpful if the County Council could add text to explain the position whereby the County Council will not seek to procure incinerators within Norfolk.
The position of the Borough Council on incineration is clear from previous involvement in planning inquiries. A clear statement on the matter from the County Council in the Minerals and Waste Local Plan would avoid any uncertainty for residents.

4.4 Fracking - Reference could be made to latest Government announcements about the potential restrictions / banning on this subject.

Comment

Preferred Options consultation document

Representation ID: 99056

Received: 23/10/2019

Respondent: South Norfolk District Council

Representation Summary:

WP2 - it is not entirely clear what the first part of this policy is seeking to achieve; if it is seeking sustainable locations within easy reach of centres of population (particularly those that the proposed facilities are serving), the text may need to be expanded to better reflect this.

Full text:

Norfolk Minerals & Waste Local Plan Review: Preferred Options Consultation
Thank you for your recent consultation on the above document. Having reviewed the
consultation documents, we are pleased to note that the previous comments made by South Norfolk Council in relation to Policies WP7 and WP15 have been incorporated into the updated document. However, we also note that the other amendments suggested in our response to the Initial Public Consultation (dated 13 August 2018) have not been included within the latest version of the Norfolk Minerals and Waste Local Plan. We therefore wish to reiterate these comments and have again attached them to this consultation response for your ease of reference.
In addition to the above general comment, our Environmental Health colleagues have expressed their support for the submission of noise and dust assessments and mitigation measures to deal with the amenity impacts of planning applications for mineral extractions.
This is due to the proximity of existing residential properties to proposed mineral extraction sites within South Norfolk and the potential for these properties to be affected, particularly by noise and dust.
I hope you find the above comments useful.

Norfolk Minerals & Waste Local Plan Review: Initial Public Consultation
Thank you for your recent consultation on the above document, South Norfolk Council has the following comments to make.

General comments regarding the format of the policies:
Several policies concerning particular development types refer back to 'General' Policy MW2; whilst the reason for this is understood, there are a number of other general policies (e.g. MW3 and MW4) that might be equally applicable across a range of development types, but may get overlooked when development specific policies just refer back to MW2. As the policies in the plan should be read as a whole, is it necessary to have the references back to the general Development Management policies?
In a number of places policies are worded as aspirations, rather than requirements, consideration should be given to moving such wording to the supporting text, or strengthening the wording in the policy itself.

Comments on specific policies:

MW6 - would be more effective if it set out a hierarchy that sought development on the lowest grade of agricultural land first.

WP2 - it is not entirely clear what the first part of this policy is seeking to achieve; if it is seeking sustainable locations within easy reach of centres of population (particularly those that the proposed facilities are serving), the text may need to be expanded to better reflect this.

WP3 - in the list of potentially suitable land uses, 'within or adjacent to agriculture and forestry buildings' would appear to open up a wide range of sites to possible consideration, although it is understood that sites would need to meet the requirements of the general policies too. Permitted Development also opens up the scope for new build agricultural buildings, with relatively little input from the local planning authority. Consequently, could clause d) be caveated 'appropriately located' and 'in established use'?

WP4, WP5, WP7 etc. - a number of policies refer back to WP3 stating that proposals 'may be acceptable on land within the identified uses in', the Policy could be more effective as 'will not be acceptable outside of land identified in'.

WP7 - Concerned that this may not be legally sound, in that it goes beyond the remit of the Minerals and Waste Local Plan by seeking developer contributions. It would also be difficult to 'retro-fit' new Household Waste Recycling Centres into identified growth locations, if it was not a requirement when those locations were identified. Consideration could be given to allocating sites in the Minerals and Waste Local Plan which have good access to the growth locations.

WP15 - elements of this policy would appear to be requests rather than requirements, for example could 'strong encouragement' to Anglian Water be included in the supporting text, and the policy be reworded to say, 'Any proposals for the improvement of WWRC must to be accompanied by a longer-term vision, produced in collaboration with ...'

WP16 - This seems to overlap with MW2 and MW3; therefore, would this policy be better placed in the General Policies part of the Plan, and used to cover waste and minerals proposals?

Comments on Proposed Minerals Extraction Sites:

MIN25 at Haddiscoe - the site is very close to the nearest dwelling and the village generally, it would seem to be quite a significant site in terms of volume of material to be extracted, number of lorry movements etc. (we note there is a balance to be struck between length of extraction time and daily vehicle movements, to address concerns raised by the previous refusal of permission). Is there any scope to reduce the extent of the site, moving the boundary away from nearby dwellings and/or phasing the extraction as part of any mitigation? This, along with the impact on the Grade I Listed church and the visual impact of the proposed bunding, was a concern that South Norfolk Council raised in respect of the previous application on this site. In addition, the landscape assessment refers to mature screen planting, it would be useful if retention of this was picked up in the Initial Conclusion.

MIN 212 at Mundham - The relationship between the site and the processing plant seems to be quite poor, although it is acknowledged that the number of movements are relatively small and this is an existing route. The proposal includes increased bunding to screen the minerals workings, but doesn't indicate if that would be acceptable in terms of the landscape character type within which the site is located.
I hope you find the above comments useful.