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Devon Waste Plan Monitoring Report 2021/22 (May 2024) (Accessible document)

1 INTRODUCTION

1.1 Waste Planning in Devon

1.1.1 Devon County Council is the waste planning authority for Devon and is therefore responsible for preparing and monitoring waste policies, determining planning applications for waste development, and ensuring that development is in accordance with the planning permission granted. The area for which the County Council is responsible excludes Dartmoor and Exmoor National Parks and the unitary authority areas of Plymouth and Torbay, which are each responsible for waste planning in their area.

1.1.2 The Devon Waste Plan was adopted in December 2014, replacing all previously saved policies from the earlier Devon Waste Local Plan (2006). A review of the Devon Waste Plan was undertaken in 2020. This found that the Plan’s policies remain fit for purpose and did not need to be updated at that time. Findings from the review were endorsed by the Development Management Committee in September 2020.

1.2 Purpose of the Monitoring Report

1.2.1 The Planning and Compulsory Purchase Act 2004 (the 2004 Act) (as amended) requires the County Council to produce Local Plans for minerals and waste planning in Devon. There is also the requirement to produce a Monitoring Report on the progress with, and implementation of, those Plans. The first Monitoring Report was published for 2004/05. All previous Monitoring Reporting are available on the County Council’s website: https://new.devon.gov.uk/planning/planning-policies/minerals-and-waste-policy  

1.2.2 Previously, the County Council produced a combined Monitoring Report covering minerals and waste policy documents. Due to the separate progression of these documents and the difference in timings of data availability, it is now seen more practical to report on minerals and waste separately. This Monitoring Report focuses on waste and covers the period from 1st April 2021 to 31st March 2022.     

1.2.3 The scope and content of a planning authority’s Monitoring Report is the subject of legislation1 to which Devon County Council has had regard. This Report monitors the County Council’s Waste Plan and associated documents in four areas:

  • the changes to the policy context for waste planning in Devon;
  • the progress of the County Council in implementing its Minerals and Waste Development Scheme;
  • an assessment of the performance of the policies within the Waste Plan; and  
  • conclusions on the key findings of the Monitoring Report and any actions required to address the issues that have arisen, including any difficulties encountered in producing the report.

1.2.4 Assessment of the County Council’s waste policies will use the indicators set out in Table 5.2 of the Devon Waste Plan. These indicators have been developed in the context of the Waste Plan’s overarching objectives and were scrutinised as part of the Plan’s examination process.

1.2.5 There is no longer a requirement for a Monitoring Report to be submitted to the Secretary of State; rather, it should be made available more specifically to local communities.  In addition, Monitoring Reports are now also required to include details of any action undertaken in accordance with the Duty to Cooperate.


1 Planning and Compulsory Purchase Act 2004 (as amended) and The Town and Country Planning (Local Planning) (England) Regulations 2012 (as amended)

1.3 Implementation of the Minerals and Waste Development Scheme

1.3.1   The Fifth Revision of the Minerals and Waste Development Scheme was published in March 20182 and notes the Waste Plan as having been adopted. It indicates that in the event of an update to the Plan being required as a result of a review, a further revision of the Scheme will be prepared.


2 Available in the Development Scheme tab at https://www.devon.gov.uk/planning/planning-policies/minerals-and-waste-policy

2 WASTE POLICY: ASSESSMENT OF PERFORMANCE AND EFFECTS

2.0.1 This section of the report considers how well Devon’s waste policy is currently performing through use of the indicators and targets provided in Table 5.2 of the Devon Waste Plan.  Each indicator is accompanied by a trigger for review of the relevant Policy, or for review of the Waste Plan as a whole, that highlights circumstances where a target is missed by a significant margin.

2.0.2 This section of the report has been updated from previous years to provide results in a more streamlined manner and in a way which more clearly identifies where monitoring targets are not being met. This includes the adoption of a traffic light system for the results as defined below.

2.0.3 The indicators for each of the Plan’s six key objectives have been grouped into a table for each. Where indicators have score red as above, a review has been undertaken. This is presented after the results table for each objective.

2.1     Objective 1: Management of Waste

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2.1.1 This objective ensures the monitoring and implementation of the waste hierarchy in the Devon Waste Plan and in development decisions. This will be achieved by monitoring the prevention, recycling, recovery and disposal of waste, as well as the overall amount of waste that is generated. Indicators 1.1 – 1.5 seek to implement the highest levels of the waste hierarchy through waste prevention, reuse and recycling.

2.1.2 As in previous years since the adoption of the Devon Waste Plan, Indicator 1.1 has failed to meet the 100% target and the result is below the 75% review trigger. This result is the same as last year’s result. 40% of applications that contained Waste Audit Statements were achieved through a planning condition on the permission. DCC were consulted on 6% of all applications in which 75% resulted in Waste Audit Statement conditions being requested. As of December 2019, weekly lists of district planning applications are checked and where required (as per Policy W4: Waste Prevention), a request for a waste audit statement is submitted accordingly. The statement is then either provided as part of the application process or conditioned to be provided at a later date, (reserved matters if an outline application or pre-commencement if a full application). This approach will ensure that the requirements of Policy W4 are better implemented in future and as such it is not considered necessary to update the policy.

2.1.3 With regard to the recycling rate of LACW, the target has not been met and the result has exceeded the 5% trigger margin. The result of 54.2% is consistent with last year’s result of 54.3%. The Waste Plan, and waste hierarchy, encourage recycling. They state that where reuse is not possible, recycling should be the next preferred option. Whilst the Plan provides policies to encourage development to take into account recycling requirements, recycling also relies on collection arrangements and people’s behaviour, both of which fall outside of the remit of the Plan. Despite the recycling rate being below the target since 2020, there is still capacity within Devon’s recycling network and therefore, there is no need for more facilities at this moment in time or an amendment to the policy.

2.1.4 As within previous years, up to date data for CIW and CDEW is not available and therefore it has not been possible to report on elements of indicators 1.2, 1.3 and 1.4.

2.2 Objective 2: Meeting our Capacity Needs

2.2.1 This objective seeks to ensure that Devon has sufficient waste management capacity to manage the waste it produces in a sustainable manner in accordance with the waste hierarchy. It should be noted that some sites handle both non-hazardous and inert waste. For these sites, facilities have been grouped into the category which is relevant to the majority of their waste.

For the fifth year in a row the amount of inert landfill capacity available at operational sites is below the amount anticipated at the time of preparing the Waste Plan (Indicator 2.3). Within the reporting year, a new site at Lower Hare Farm near Exeter received planning permission in June 2021 which would provide 350,000m3 of capacity, while a new site at Challonsleigh in south Devon which was granted planning permission in April 2020 would provide a further 585,000m3 of additional inert landfill capacity. Although neither of these sites are operational, their approved capacity would contribute to addressing the nominal shortfall when they open.

2.2.3   In addition, there are three current planning applications awaiting determination for other potential inert landfill sites. As such it is considered that Policy W7 provides an effective framework to support the positive determination of planning applications for waste disposal and therefore it is not necessary to update the policy at this time.

2.2.4   The other indicator which did not meet its target for this objective is in relation to the proportion Devon’s of non-hazardous waste managed in the Plan area (Indicator 2.4). The result of 76% is however within the review trigger margin and will continue to be monitored.

2.3 Objective 3: Climate Change

2.3.1 This objective seeks to tackle climate change by reducing the carbon footprint of waste management, encouraging the substitution of raw materials by re-use and recycled waste, enabling waste management to contribute to delivery of low carbon energy and ensuring that waste management facilities are resilient to the effects of climate change and improve Devon’s capacity to adapt to those effects.

2.3.2 Regarding the indicators relevant to this objective, Indicator 3.5 has not met the target set out in the Plan, and the percentage now exceeds the trigger for a review of the plan/policy. This is a minor increase compared to last year’s result of 11% and will continue to be monitored. No update is considered necessary at this stage.

2.3.3 The result for Indicator 3.2 is unknown due to lack of data. The results for Indicator 3.3. showed that the Environment Agency did not object to any of the proposals. Finally, whilst no target is included for Indicator 3.4, it appears no planning applications included energy efficiency measures or using low-carbon energy. This is something which should be more proactively required through the planning process, particularly in the context of the County Council’s Climate Emergency Declaration and part (a) of Policy W14: Sustainable and Quality Design. For many applications the County Council is now requiring a ‘Climate Change Statement’ which will assist in improving the outcome for this indicator.

2.4 Objective 4: Supporting Devon’s Communities and Businesses

2.4.1 This objective seeks to ensure that Devon’s communities and businesses are not negatively affected by waste management proposals.

2.4.2 The results for these indicators are positive demonstrating applications were determined in a way which supported the achievement of Objective 4.

2. 5 Objective 5: Conserving and Enhancing Devon’s Environment 

2.5.2 Indicator 5.2 showed that two applications were located within an Unconfirmed County Wildlife Site. However, one of these applications were for variation of conditions, and the other was for development on a quarry which is considered to be previously disturbed land. Therefore, it was considered neither would have any adverse change to the county nature conservation and geological sites. In addition to this, four applications were within Strategic Nature Areas. However, two of these applications were for variation of conditions and the other two were for development on previously disturbed land. So, again, it is considered that none of these applications would have any adverse change to the Strategic Nature Areas.

2.5.3   Indicator 5.3 showed that out of the twelve applications, one was located within a BAP, however, it was an existing site, and therefore, the application would not change the BAP. Lastly, Indicator 5.9 showed that out of the twelve applications, only five of them were relevant to this indicator. Out of the five applications, four of them incorporated SuDS into their proposals.

2.5.4   Overall, the results for the indicators relating to Objective 5 are very positive, with all meeting targets set out in the Plan. This indicates that the development management policies set out in the Waste Plan are performing well and that waste development is not having a negative impact upon Devon’s designated sites.

2.6 Objective 6: Transportation of Waste  

2.6.1 The transportation of waste and its impact is often a key concern for local communities. This is because of the potentially negative effect it can have upon the environment in terms of congestion, pollution and safety. Policy W17 of the Waste Plan seeks to address these issues, in addition to minimising the distances waste is transported while maximising opportunities for transportation via sustainable modes.

2.6.2 The result for Indicators 6.1 is positive with the target being met. Regarding Indicator 6.2, whilst a more sustainable option, transportation of waste by rail or water is often not a practical or cost-effective solution for waste management companies.

3 DUTY TO COOPERATE

3.0.1 The importance of working with our neighbours has been strengthened through the Localism Act and the introduction of the Duty to Cooperate. This Duty places a requirement for local authorities to work together on planning issues, including the development of planning policy documents. This ensures the effectiveness and deliverability of plans regarding strategic cross boundary matters. 

3.0.2   Activities undertaken by Devon County Council in line with the Duty to Cooperate during the period of this Monitoring Report are summarised within this section.

3.1 Waste Planning

3.1.1    Devon County Council is part of the South West Waste Technical Advisory Body (SWWTAB), which comprises planning policy officers from waste planning authorities in the south west region, playing a key role in fulfilling the duty to cooperate. These meetings usually take place at least twice annually. For this monitoring period there was one meeting held in September 2021.

3.1.2   During this time a particular focus for the group has been to continue to consider the adoption of a regionally agreed approach when undertaking waste needs assessments, with recent methods from elsewhere across the country considered to inform a potential approach. In principle a regional approach is supported by the group as it would standardise methods used to estimate waste arisings when preparing Waste Plans. The Council has also engaged in the South East Waste Planning Advisory Group on this topic to understand their approach to a standardised method and to learn from the examination processes some of the member councils have been experiencing.

3.1.3   The group has agreed to update a joint paper previously prepared on the capacity available in the region for energy recovery and landfill and produce a similar paper on recycling capacity in the south west. This work provides a strategic joined up approach to data analysis which will assist in plan preparation and the consideration of cross boundary waste movements across the region.  

3.1.4   Finally, the County Council will continue to respond to formal Waste Plan consultations undertaken by neighbouring Waste Planning Authorities.       

3.2     District Council Local Plans

3.2.1    Devon County Council participates extensively in the preparation of Local Plans by Devon’s district councils, and in Plans prepared by adjoining unitary and national park authorities, reflecting its roles as minerals and waste planning authority, highway authority and infrastructure provider.  This participation includes ensuring that these Local Plans avoid constraining mineral resources and operations and waste management capacity.

4. KEY FINDINGS AND ACTIONS REQUIRED

4.1 Summary

4.1.1 The results indicate that the majority of monitoring targets were being met in 2021/22. This is particularly true for the indicators relating to Objective 4, Supporting Devon’s Communities and Businesses), Objective 5 (Conserving and Enhancing Devon’s Environment) and Objective 6 (Transportation of Waste) with all indicators relating to these objectives meeting or exceeding their targets. This indicates that applications are being determined in accordance with advice from internal and statutory consultees and also that waste development is not having a negative impact upon Devon’s designated sites.

4.1.2 This year continued to show a clear trend in the amount of LACW that is being disposed to landfill (from 4.5% the previous year to 4.4%) and this was coupled with a marked increase in the amount being managed through energy recovery (from 41.2% the previous year to 41.4%). The capacity of waste management facilities in the county for non-hazardous recycling, inert recycling, energy recovery and non-hazardous disposal also all met their targets during 2021/22 which is a positive outcome.

4.2 Areas for Improvement

4.2.1 Four indicators were identified as having missed targets with the results being outside the review trigger margins. These were:

  • Indicator 1.1 Waste Audit Statements.
  • Indicator 1.2 Recycling of Waste – LACW only.
  • Indicator 2.3 Permitted capacity available at Devon’s landfill site – inert only.
  • Indicator 3.5 Proportion of non-hazardous waste disposed at landfill.

4.2.2 These issues have been discussed within this report with the justification for why it is not necessary to update the policies at this time has been set out.

4.2.3 One indicator failed to meet the target, but the result remained within the review trigger margins. This was:

  • 2.4: Proportion of Devon’s waste managed in the Plan area (Non-hazardous only).

4.2.4 This indicator will continue to be monitored.

4.2.5 Poor data availability has once again meant it has not been possible to report on a number of indicators, particularly in relation to CIW and CDEW. This issue was also highlighted as part of the Review of the Waste Plan undertaken in 2020, with new methods being considered to address this issue in future.

APPENDIX 1:    

SCHEDULE OF WASTE PLANNING APPLICATIONS DETERMINED IN 2021/22

Application Reference DevelopmentSiteDecision DateDecision
DCC/4265/2021Variation of condition 1 on planning permission 9/1295/2006/CM to allow continued operations at the site, and the submission of a restoration scheme as required by the same conditionMarlands Park, Newton Road, Totnes, TQ9 6LS25.02.2022Conditional Approval
DCC/4266/2021Proposed Installation of new Leimbach shear and pump house machine; erection of new battery store and non-ferrous metals store sheds; relocation of existing depollution shed; demolition of existing redundant building; and creation of new car parkQuicks Close, Hacche Lane, Pathfields Industrial Estate, South Molton, EX36 3EH18.02.2022Conditional Approval
DCC/4270/2021Variation of Condition 4 of planning permission DCC/4154/2019 for Waste Transfer Station including a waste transfer hall, single storey weighbridge office and welfare facilities building, hardstand including staff parking and external weighbridge, internal access road, new access from the existing highway, drainage, lighting and landscapingBrynsworthy Waste Transfer Station, Brynsworthy, Roundswell, Barnstaple, EX31 3NS28.01.2022Conditional Approval
DCC/4273/2021Variation of condition 12 of planning permission DCC/4139/2019 ‘Change of use from Vehicle depot (B8) to a Waste Transfer Station (Sui Generis)Ivybridge Council Depot, Ermington Road, Ivybridge, PL21 9ES27.01.2022Conditional Approval
DCC/4279/2021Variation of condition 5 of planning permission DCC/4124/2019 to allow waste collection vehicles to exit the site from 5.30am Monday to FridayUnit 42, Road To Greendale Business Park, Greendale Business Park, Woodbury Salterton, EX5 1EW08.12.2021Conditional Approval
DCC/4240/2021Retrospective application to vary the site boundary to include noise/visual screening bunds; an additional section of track; to enable HGVs to access the site; and to install 250m of new hedgebank for landscaping and biodiversity benefitsVenn Farm, A379 Chittleburn Hill to Red Lion Hill, Brixton, PL8 2AX12.10.2021Conditional Approval
DCC/4222/2021Construction of waste transfer/storage buildingTorr Quarry Transfer Station, Torr Quarry, East Allington, Totnes, Devon, TQ9 7QQ21.09.2021Conditional Approval
DCC/4101/2018Importation of 350,000m3 of inert soils and topsoil for the land raising of previously disturbed land that is not capable of sustaining commercial agricultureLower Hare Farm, Lane from Higher Hare towards Alderbed Copse, Whitestone, EX4 2HW30.06.2021Conditional Approval
DCC/4186/2020Infilling of existing quarry with inert materials and soilsHorwood Barton, Road From Catsborough Cross To Hele Lane, Frithelstockstone, EX39 5LF14.06.2021Conditional Approval
DCC/4229/2021Variation of Condition 2 (to amend the approved restoration scheme) of planning permission DCC/3956/2017 which extended the lifetime of the existing non-hazardous and asbestos waste landfilling and associated facility until 2025Deep Moor Landfill Site, Road From Belle View Cross to High Bullen, High Bullen, EX38 7JA09.06.2021 (Application deferred)Conditional Approval
DCC/4223/2021Section 73 application to vary Conditions 1 and 5 of permission 1/0423/2014/CPZ to enable continued extraction of quarried stone and the restoration of the quarry through the importation and deposit of inert waste materialsBeam Quarry, Torrington, Devon, EX38 8JF17.05.2021Conditional Approval
DCC/4183/2020Variation of condition 4 (to extend the temporary permission) of planning permission DCC/3638/2014 for Importation of inert waste for the purpose of filling the void as part of the restoration of Steer Point QuarrySteer Point Quarry, Steer Point Road, Brixton, PL8 2DQ19.04.2021Conditional Approval

APPENDIX 2:    

GLOSSARY OF TERMS AND ABBREVIATIONS

Commercial and Industrial Waste (CIW)

Waste which is produced during commercial and industrial activities and which is collected from business premises.

Construction, Demolition and Excavation Waste (CDEW)

Waste generated during construction, demolition and excavation processes which includes masonry, wood, soil, rubble and surplus building materials.

Energy Recovery

The recovery of energy in the form of power, heat and/or fuels from waste materials using biological or thermal treatment.

Environment Agency (EA)

A departmental body of Defra with the principal aims of protecting and improving the environment and promoting sustainable development. The EA is responsible for regulating activities to manage pollution, water and air quality, and also grants environmental permits for waste management activities and collects data on waste management.

Local Authority Collected Waste (LACW)

Waste collected and disposed of by Local Authorities. This includes waste from households, some businesses and waste taken to the County Council Household Waste Recycling Centres. This was formerly known as Municipal Solid Waste.


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