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Site Waste Management Plans: Supplementary Planning Guidance: Draft for Consultation

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A decision made 28 May 2012:

Decision Ref:

MD–PE–2012-0056

Subject:

Supplementary Planning Guidance: site waste management plans - draft for consultation

Decision Summary Title:

DS - Supplementary Planning Guidance: site waste management plans - draft for consultation

DS Author:

Principal Planner

DS Date:

21 May 2012

DS Status:

Public

Written Report Title:

WR – Draft Supplementary Planning Guidance – Site Waste Management Plans

WR Author:

Principal Planner

WR Date

21 May 2012

WR Status:

Public

Oral Rapporteur:

Principal Planner

Decision(s):

The Minister for Planning and Environment approved the release of the draft Advice Note – ‘Site waste Management Plans’ for consultation purposes (including consultation with key stakeholders and interested parties).

Reason(s) for Decision:

  1. To help manage and reduce the amount of waste that construction and demolition projects produce, by encouraging waste minimisation and greater re-use and recycling of waste.
  2. To reduce the risks of harm to the environment from landfill, fly tipping, quarrying of aggregates, transportation of materials and energy consumption.
  3. To offer more detailed information and guidance on how Policy WM1 is likely to be operated, interpreted and applied in decision making.
  4. To outline the information requirements for relevant planning applications.
  5. To provide an opportunity for key stakeholders and interested parties to influence supplementary planning guidance.
  6. To comply with commitments in the 2011 Island Plan for producing supplementary planning guidance (Proposal 29).

Legal and Resource Implications:

Article 6 of the Planning and Building (Jersey) Law 2002, provides the Minister with power to issue guidelines and policies (i.e. including supplementary planning guidance) in respect of: development generally; any class of development; the development of an area of land; or the development of a specified site.  Before doing so, the Minister must consult any other Minister or statutory authority with an interest in the development in question.

The development and publication of planning advice notes are in accordance with the above powers.  Also, the main purpose of releasing the draft advice note is to enable formal consultation, prior to review and adoption.  It is not envisaged, therefore, that there will be any legal implications associated with the recommended decision.

The adoption of the guidance itself should not involve adverse resource implications for the Department of the Environment or decision-makers, given that SWMPs are already a requirement of the planning system and the advice note will serve to provide developers and applicants with greater certainty about what is expected of them.

Action required:

  1. Notify the Chairman of the Environment Scrutiny Panel, Environmental Protection, Environmental Health, Transport and Technical Services, Jersey Chamber of Commerce, Jersey Construction Council, and the AJA of the Minister’s decision and provide them with a copy of the draft SPG;
  2. Request that the Greffier  of the States to arrange for a report to be presented in the States for their information;
  3. Publish the draft Advice Note on the States’ website and invite public comment;
  4. Prepare and issue a media release;
  5. Upon completion of the consultation process, inform the Minister for Planning and Environment of the consultation findings, modify the draft Advice Note, as appropriate, and present to the Minister for adoption.

 

Signature:

 

 

Position:

Deputy RC Duhamel
Minister for Planning and Environment

Date Signed:

 

Date of Decision (If different to Date Signed):

 

Hide report
Site Waste Management Plans: Supplementary Planning Guidance: Draft for Consultation

 

 

Item No:

 

 

Date: 21/5/12

 

DEPARTMENT OF THE ENVIRONMENT

 

Draft Supplementary Planning Guidance –

Site Waste Management Plans.

 

Purpose of the Report

To seek the Minister’s formal approval for releasing the draft Advice Note entitled ‘Site Waste Management Plans’, as the basis for consultation.  (see attached).

 

Background

1.                  The construction industry is responsible for generating the largest amount of solid waste in the Island (by weight) and much of this is directed to landfill.  This represents a misuse of valuable resources, which is increasingly expensive to collect and dispose of and which has significant impacts on the environment.

 

2.  Island Plan Policy WM1 ‘Waste Minimisation and New Development’ seeks to address this issue by encouraging more effective and sustainable waste management practices.  It looks to achieve a reduction in construction and demolition waste, to increase the reuse and recycling of waste and to divert more waste from landfill, in accordance with the States’ approved ‘Solid Waste Strategy’ and the internationally accepted ‘Waste Hierarchy’.

 

3. To this end, the policy requires applicants for major developments, or developments which involve the demolition of major structures or the generation of significant quantities of waste, to submit a ‘Site Waste Management Plan’ (SWMP) for the approval of the Minister.

 

4. Requirements for SWMPs were originally introduced in the 2002 Island Plan to help improve waste management.  They are regarded as an essential and practical tool which can be used to:

         Identify the volume of waste materials arising;

         Establish opportunities for reuse, recycling and recovery of materials;

         Demonstrate how off-site waste disposal will be minimised and managed; and

         Generally improve materials resource efficiency on construction sites.

5. By encouraging better construction waste management, SWMPs will have positive benefits in helping to reduce: the amount of waste going to landfill; the extent of quarrying for raw materials; the transportation of materials; energy consumption; fly tipping; and harm to the local environment.  There are also considerable cost savings and other benefits to be had for developers (e.g. lower disposal costs, avoidance of waste transport costs, savings on raw materials purchased, less material wastage).

 

6. The precise benefits to the Island of the earlier planning policy requirements for SWMPs are difficult to judge, because this generally resulted in the production of one-off plans at the application stage with no follow-up monitoring evidence provided on how they have performed.  The plans have also varied widely in detail and quality.

 

Discussion

7. The new Island Plan Policy WM1 requires the submission of a SWMP with any application for ‘major development’ (i.e. of 10 or more dwellings, or with a floorspace of 1,000m², or which involves a site of more than 1 hectare).

 

8. Importantly, the new Policy also seeks to tighten controls on SWMPs to ensure they are treated as continually evolving ‘living documents’ which are regularly updated, monitored and properly implemented throughout the construction project and reviewed at completion.  The intentions are to improve materials resource efficiency (i.e. by minimising construction related waste on site and encouraging reuse, recycling and recovery of the waste produced) and to secure more of the benefits outlined in paragraph 5 above.

 

9. To this end, it is considered especially important to provide detailed guidance on how the new policy is likely to be operated, interpreted and applied in making decisions, in order to assist developers, builders, architects and all those who are associated with construction projects where waste material will be generated.  Proposal 23 of the 2011 Island Plan duly commits the Minister to publish supplementary planning guidance on ‘Site Waste Management Plans’ to “provide additional advice and assist with development control considerations”.

 

10.   The Draft Advice Note elaborates on Policy WM1, explains in more detail the purpose behind SWMPs and interprets the policy requirements.  In doing so, it provides guidance on what will be expected in preparing, updating and implementing SWMPs throughout the construction project process in order to accord with the new policy and with best practice.

 

11. A key aspect of the guidance is the inclusion of a basic step-by-step process for planning, creating, monitoring and reviewing SWMPs, from inception to the completion of a project, as set out below:

 

Steps

1

Making someone responsible for producing the Plan.

2

Assigning responsibility for implementation.

3

Forecasting Waste Production (i.e. the quantity of each type of waste likely to be produced during enabling works and construction).

4

Identifying priority waste streams (i.e. for larger developments to focus on the most effective waste management opportunities).

5

Identifying waste management options (i.e. options available both on- and off-site).

6

Determining waste management methods to be used and setting targets (i.e. choosing best options available for managing each waste stream, with realistic targets).

7

Identifying where and how waste will be managed and disposed of (i.e. to make appropriate provision for on-site waste storage and ensure that waste is handled or dealt with by individuals or businesses that are properly authorised and goes to sites that are licensed to accept wastes).

8

Communicating the SWMP and carrying out the right training (i.e. informing everyone about its importance and implications, esp. staff, contractors & sub-contractors).

9

Implementing the Plan (i.e. estimating the amount of each waste type that is being produced and processed, and recording all movements of waste within and from the site on appropriate data sheets).

10

Monitoring the implementation of the SWMP (i.e. making sure all is going according to plan and being prepared to make changes where appropriate).

11

Reviewing the SWMP (i.e. at the end of the project the SWMP should give an accurate record of how waste materials have been managed, and this should be compared with waste forecasts, waste targets and planned waste management arrangements.  The final version of the SWMP and an explanation for any deviations from the original SWMP should be submitted to the Minister after completion in accordance with Policy WM1).

 

12. Other important aspects of the guidance are:

  • an outline of waste management considerations at different times throughout the life of a project;
  • a checklist to aid those involved in waste management planning to comply with Policy WM1;
  • references to a range of organisations and documents providing information and guidance on best practice in relation to SWMPs; and
  • an example proforma for SWMPs.

 

13.     In view of the above, it is considered important that the draft guidance is released for consultation purposes at the earliest opportunity.  This can then be reviewed and amended in response to the findings of the consultation, prior to adoption.  Only when it has been formally adopted by the Minister, will the guidance be treated as a material consideration in the determination of relevant planning applications. 

 

Legal and Resource Implications

14.     Article 6 of the Planning and Building (Jersey) Law 2002, provides the Minister for Planning and Environment with power to issue guidelines and policies (i.e. including supplementary planning guidance) in respect of: development generally; any class of development; the development of any area of land; or the development of a specified site.  Before doing so, the Minister must consult any other Minister or statutory authority with an interest in the development in question.

 

15. The development and publication of planning advice notes are in accordance with the above powers.  Also, the main purpose of releasing the draft advice note is to enable formal consultation, prior to review and adoption.  It is not envisaged, therefore, that there will be any legal implications associated with the recommended decision.

 

16. The adoption of the guidance should not involve any adverse resource implications for the Department of the Environment or decision-makers, given that SWMPs are already a requirement of the planning system and the advice note will serve to provide developers and applicants with greater certainty about what is expected of them.

 

Consultation

17.   The draft Advice Note has been prepared in consultation with Environmental Health, Environmental Protection and Transport and Technical Services.  

 

Recommendation

That the Minister for Planning and Environment decides to approve the release of the draft Advice Note – ‘Site Waste Management Plans’ for consultation purposes (including consultation with key stakeholders and interested parties).

 

Reason(s) for Decision

1.      To help manage and reduce the amount of waste that construction and demolition projects produce, by encouraging waste minimisation and greater re-use and recycling of waste;

2.      to reduce the risks of harm to the environment from landfill, fly tipping, quarrying of aggregates,  transportation of materials and energy consumption.

3.      To offer more detailed information and guidance on how Policy WM1 is likely to be operated, interpreted and applied in decision making;

4.      To outline the information requirements for relevant planning applications;

5.      To provide an opportunity for key stakeholders and interested parties to influence supplementary planning guidance;

6.      To comply with commitments in the 2011 Island Plan for producing supplementary planning guidance (Proposal 29).

 

Action Required

  • Notify the Chairman of the Environment Scrutiny Panel, Environmental Protection, Environmental Health, Transport and Technical Services, Jersey Chamber of Commerce, Jersey Construction Council and the AJA of the Minister’s decision and provide them with a copy of the draft SPG.
  • Request that the States Greffe arrange for a report to be presented in the States.
  • Publish the draft Advice Note on the States’ website and invite public comment.
  • Prepare and issue a media release.
  • Upon completion of the consultation process, inform the Minister for Planning and Environment of the consultation findings, modify the draft Advice Note, as appropriate, and present to the Minister for adoption.

 

Written by:

Roger Corfield, Principal Planner –  21st May 2012

 

 

Approved by: 

Kevin Pilley, Director – Policy, Projects and the Historic Environment

 

 

Endorsed by:

 

 

Attachments:

  • Draft Advice Note – ‘Site Waste Management Plans’.

 

File ref: 1/12/05 and 8/39/2

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