Proposed National Policy Statement for Hazardous Waste
(12 years, 6 months ago)
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Lord Taylor of Holbeach
That the Grand Committee do report to the House that it has considered the proposed National Policy Statement for Hazardous Waste.
The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Taylor of Holbeach)
My Lords, I welcome this debate on the Government’s Draft National Policy Statement for Hazardous Waste. Hazardous waste still arises in significant amounts. Even in the current economic situation, almost 3.8 million tonnes was produced in 2010. Arisings may increase further as the European Union introduces new definitions that may mean that more wastes are classified as hazardous in future. As hazardous waste can cause harm to human health or the environment if not effectively managed, it is vital that we have sufficient facilities to manage it safely and sustainably.
Our main objectives for the management of hazardous waste are to protect human health and the environment from the risks that may be posed by inadequate management of hazardous waste, and to encourage the development of facilities that allow the management of hazardous waste in a safe and sustainable manner. There is scope to recycle or recover more hazardous waste than we do at present. For example, used lubricants can be converted back into base lubricating oil if processed to a very high level, and some contaminated soil can be treated to extract oils and other useful substances. However, there remain hazardous wastes such as asbestos where there is no viable recycling or recovery option or where the substances in the waste are potentially so dangerous that sending them for final disposal is really the only option.
It is a matter of policy as well as a legal requirement that England should have a range of facilities and plant for the recovery of hazardous waste to help meet the country’s needs. We believe that the market provides the best means of ensuring that adequate waste infrastructure develops, as it is industry, spurred on by the market, that has the expertise required to consider where facilities are needed and the appropriate technologies to use. Our role as a Government is to provide a clear steer on the types of facility needed and the framework within which the infrastructure is to be provided. We want to ensure that within this framework there is scope for innovation—an approach welcomed by industry.
The economies of scale needed to be viable mean that they are more likely to serve national need than facilities for other types of waste. Nationally significant infrastructure such as larger hazardous waste facilities has historically encountered some difficulties in obtaining planning permission under the Town and Country Planning Act system because there will inevitably be a conflict between local concerns on the possible impact of the development and the national interest.
Applications for nationally significant infrastructure run a high risk of being refused by the local authority and being referred to a planning inquiry. These inquiries can go on for many months while the need for the facility is established and this can deter the waste management industry from putting forward proposals for the nationally significant infrastructure we need. It is for this reason that the Planning Act 2008 has established a new planning system for the determination of applications for development consent for nationally significant infrastructure. Under this system, decisions will be taken centrally for infrastructure serving national need. National policy statements are an integral part of this new planning system and the national policy statement for hazardous waste will provide a framework document for planning decisions on nationally significant infrastructure for hazardous waste. Although decisions will be made centrally, there will still be many opportunities for local concerns to be taken into account. Applicants are required to consult the local area before submitting any applications for development consent. The decision-maker will refuse to accept an application if it considers that the consultation has not been adequate. There will also be opportunities for the local community and other key groups to make their concerns known while the application is being assessed. The system will therefore allow the views of local communities to be well represented and properly taken into account, while decisions will be taken by elected Ministers, taking account of both local concerns and national needs.
When we talk about nationally significant hazardous waste infrastructure, we mean very large facilities. The Planning Act 2008 covers new facilities with a total annual capacity to manage more than 30,000 tonnes of hazardous waste and more than 100,000 tonnes for landfill. These thresholds are set out in the Planning Act 2008. The Act will also cover expansions to existing facilities where they increase capacity by more than these amounts. The Draft National Policy Statement for Hazardous Waste reflects our objectives for the management of hazardous waste. It will both guide the decision-maker on how applications for development consent for such projects should be assessed and provide real clarity to potential investors on the sort of facilities that the Government would like to see being developed. It will apply only in England. In Scotland, Wales and Northern Ireland planning consents for all nationally significant hazardous waste projects are devolved to the Scottish Parliament, the Welsh Assembly and the Northern Ireland Assembly respectively and therefore do not form part of this NPS.
Many potential benefits could be realised through the development of the hazardous waste facilities set out in this national policy statement. The decision-maker will need to take these into account, while still taking full account of any potential adverse impacts. The planning system operates in the public interest to ensure that the location of proposed development is acceptable. In considering applications for development consent for nationally significant hazardous waste infrastructure, the decision-maker will need to take account of a variety of environmental, social and economic impacts at national, regional and local levels. Modern, appropriately located, well run and well regulated waste management facilities are operated in line with current pollution control techniques and standards and should pose little risk to human health and the environment.
The NPS has been subjected to an appraisal of sustainability. The appraisal has assessed the potential impacts of the policy set out in the national policy statement and has concluded that, overall, the national policy statement would have a broadly positive effect on the sustainability issues identified. We have worked closely with the Department for Communities and Local Government to ensure that the statement is fit for purpose and consistent with other national policy statements.
The NPS for Hazardous Waste is out for public consultation until 20 October and is undergoing scrutiny by the Environment, Food and Rural Affairs Committee. We will carefully consider any recommendations made by that committee, the outcome of consultation and the issues raised in this debate before revising the policy statement prior to what is called “designation”—the final publication of the NPS.
This debate is to discuss whether the Draft National Policy Statement for Hazardous Waste fulfils its requirements under the Planning Act and is fit for purpose. I commend it to the Committee.
Lord Knight of Weymouth
My Lords, I broadly welcome this draft national policy statement. Perhaps across your Lordships’ House there is a certain degree of consent by absence, judging by the attendance in the Committee today, although it may be that the planning wonks in the House are distracted by the business in the main Chamber, which will certainly be in the planning arena. I very much welcome the scrutiny that this statement is receiving from the Select Committee in the other place. I mostly enjoyed using the wonderful facilities of Parliament TV to watch the evidence that the Minister gave yesterday to that committee.
I welcome the four principles set out in Part 2 of the draft statement in terms of the principles in forming government policy on hazardous waste: to protect human health and the environment; the implementation of the waste hierarchy; proximity and self-sufficiency; and then climate change. I welcomed what the Minister said to the Select Committee, and this almost seemed to be a fifth principle, that the statement should be as unambiguous as possible so that those seeking to operate within this consent regime can do so with a degree of certainty and flexibility.
Those are all things that I welcome but the nature of debate in this Committee and in your Lordships’ House means that we tend to focus on the things that we disagree about more than on what we agree about. I have, on the latest count, five issues to raise that I hope will be addressed in the final policy statement when it is published by Defra, and that does not include my assumption that the current reference to the IPC will be replaced by the Secretary of State, assuming that the Localism Bill that is being debated in the Chamber achieves Royal Assent, in which case the Secretary of State will take on the powers that the Infrastructure Planning Committee currently uses.
The first of those issues is around the consent regime itself. I know that there are one or two voices saying that in—I would anticipate—virtually every case where an application is made under this regime there will also be an application for a permit from the Environment Agency, particularly in respect of the pollution effects of hazardous waste processing. One or two of those voices have raised the question of whether it is worth there being a single consent regime for the sake of simplicity for the applicant—and for the understanding of the public.
It is worth exploring that further. If my understanding of this is correct, the consent regime that we are discussing in the context of this policy statement is around land use planning, with all the various criteria that the Minister set out in his opening statement. However, a lot of the public concern would inevitably be about pollution as a result of hazardous waste processing taking place in their backyard—to use the vernacular. I do not know that members of the public would be that patient with explanations along the lines of, “This is an issue that should be raised in respect of the Environment Agency”, and “That is an issue that should be raised in respect of the hazardous waste consent regime under the Planning Act”. I should be grateful for any comments from the Minister on whether some negotiation can be had with the Environment Agency, the MMO and any other part of the consent regime so that we could have a single consent regime.
The second issue follows on from that. Assuming that the Minister and his officials have thought about this—which is a fair assumption to make—and resist the temptation to agree with me and go for a single regime, and we then have a split regime, my concern is that we make sure that the timing and the sequencing of that regime work well for applicants. The Minister expressed concern about unnecessary delays in processing applications in the regimes that we have been using, which I agree need to be streamlined. In that case, how will he make sure that the sequencing and timing mean that things go through smoothly, as applicants potentially need to get consents from the Environment Agency and the Marine Management Organisation, as well as any other consents that I have not clocked? That sequencing is very important to streamline the process.
The third issue, which is not unrelated to how those various regimes in the consent process might work, is localism, which I know was raised with the Minister by some of his honourable friends on the EFRA Select Committee in the other place yesterday. I understand, and support, there being a national regime for large and significant infrastructure. There is a strong case for taking some of these strategically important and difficult decisions at a national level, because there are times when it is very difficult for a local planning authority to be able to deal with them in a way that retains the objectivity that one needs when one is making quasi-judicial decisions of this kind. However, I would again be interested in hearing on the record the Minister’s view on how this interacts with the localism being debated in the main Chamber at the moment. I have my own doubts about how well the new localism and planning regimes being debated elsewhere will work in practice, and whether members of local planning authorities under those regimes will be able to resist the nimby tendencies that are often quite powerful at the ballot box. I am perfectly comfortable with the approach that Defra is taking, but I just want to hear from the Minister how he reconciles that with the approach to planning being taken by CLG.
The Minister will not be surprised that my other two issues are around definition and thresholds. My understanding is that the definition of hazardous waste—and the statement is clear about it—is that set out in Regulation 5 of Hazardous Waste (England and Wales) Regulations 2005. Those are derived from the European Union’s definitions of hazardous waste. Do the Government have to be constrained by the European Union definition? I understand that the Government have to deliver on items that the EU defines in the directive because it is a directive. But if the Minister wanted to add some additional items to the list for his regime in the UK, could he do so? Then it may be possible, in respect of the questions around lithium or emerging technology that he was asked yesterday, to anticipate some future needs in terms of hazardous waste regulation and, by including some of those items that the EU have not got to yet on the list, provide some encouragement for them to move up the waste hierarchy, to which I know the Minister attaches a considerable importance.
Finally, on thresholds, particularly given the fifth principle that I have attributed to the Minister of being as unambiguous as possible, I should like some clarity from him around the flexibility that there appeared to be from the evidence session yesterday. It is clear that there are two thresholds—one of 30,000 for most hazardous waste and one of 100,000 for hazardous building material going into landfill. As he said in his opening statement, that applies with new build and with those facilities increasing capacity. What was then said was that the Planning Act 2008 gives provision for amounts less than that to be considered under the national policy statement process if the Minister thinks that that is appropriate. Those listening, or those who read the final statement when it is agreed, need more clarity so that they understand when the Minister is likely to use the flexibility that he has so that it is predictable and, in his words to the Committee, “unambiguous”. If I can get some reasonable responses either now or in the final statement, I would be extremely happy with some very good work from his department and his officials.
Lord Addington
My Lords, I come in as the stand-in for those whom the noble Lord, Lord Knight, describes as planning wonks or geeks, not that I would describe any of my friends like that—not if they were within striking distance, anyway. Looking through this draft proposal, I found myself thinking, “How could you possibly object to it in principle?” The “Summary of Government Policy in Part 2” lists protecting human health and the environment, the implementation of the waste hierarchy, the proximity of self-sufficiency and climate change. All of these things seem to be like motherhood and apple pie. The noble Lord, Lord Knight, once again beat me to the draw—he is clearly better versed on this subject than I am. But one of the questions raised will be the nimby tendency which runs through this. There is always an excellent reason for doing oneself a good turn at the ballot box. If someone wants a facility moved one mile down the road or at least out of sight, nimbyism will be there. A clarification of the process and some sort of national strategy is undoubtedly required. Unless we gain a good description of why this should happen now and guidance on how all the various factors pull together, it is going to create an unnecessary degree of resistance. It is always going to be the case that you inconvenience somebody when you do something positive. That is just a principle that runs through everything.
We should state clearly and categorically that we are going to have to accept that occasionally certain people will be inconvenienced, although hopefully as little as possible, if we are to do things like dealing with our own waste, not transporting it across the world. Indeed, let us take transport somewhere whose regulations are not as good as ours, pull it into the ecosystem and put some more carbon into the atmosphere by transporting it in the first place—hey, there’s a great long-term strategy. If we are dealing with it ourselves, it is a good idea to have a coherent strategy. Greater clarification on how that all pulls together would be helpful. All of us who are involved in any form of national politics will have to come back and defend this. Today, when we have not had camaraderie of spirit throughout the processes of the House, it would be good to have that now and to hear how we are going to achieve this.
Lord Taylor of Holbeach
My Lords, this may have been a concise debate but it has been very thorough. I thank the noble Lords, Lord Knight of Weymouth and Lord Addington, for their contribution. I do not see the noble Lord, Lord Addington, as a stand-in for anyone, but if I appeared to choke at a particular moment it was when he referred to policy wonks and I happened to look up at the Annunciator and see that my noble friend Lord Greaves was speaking in the Chamber. My noble friend Lord Greaves has long been by my side in debates on these sorts of subjects, and I am sure that my noble friend Lord Addington would not seek to represent himself as a stand-in for him.
I have listened with interest to all that has been said. I said at the beginning that this matter is in consultation at this moment. This debate will form part of that consultation, in the sense that we are determined to make this into as good and effective a document as we can. It is an important part of our commitment to sustainability in managing hazardous waste. It will provide the clarity on the Government’s intentions for the management of hazardous waste that the industry needs in order to bring forward proposals for the development of facilities that will allow us to drive the management of hazardous waster up the waste hierarchy. The detailed guidance set out for both applicants and decision-makers will help to ensure that decisions for applications for development consent for all these major facilities are undertaken in a way that properly takes account of both potential benefits and potential adverse effects, are sustainable and are in line with government objectives.
I shall address some of the points made by noble Lords in this debate, and I thank them for the opportunity to clarify some matters. The noble Lord, Lord Knight, sought an explanation of how materials were defined as being hazardous. He correctly pointed out that the list is EU-wide. It is not the Government’s intention to add to it on a voluntary basis because that could indeed disadvantage UK industry to the benefit of our European competitors. A level playing field is the whole point of having a Europe-wide procedure. However, there is nothing to stop the processing of identified hazardous materials at a hazardous waste site. For example, the noble Lord mentioned the issue of lithium batteries.
The needs case is fundamental to the NPS. We believe that the needs case set out in the NPS is robust and fully takes account of our expectations for hazardous waste arisings during the shelf life of this NPS. I made it clear yesterday that this will be reviewed after a five-year period. The industry has also said that it is about right. It is of course possible that an unexpected need will emerge, and we will have to consider the scope of the NPS by making some provision for that in the statement.
The thresholds, of course, must be set at the right level. There have been some suggestions that 30,000 tonnes is too low and that 50,000 tonnes might be better, but we need to get an infrastructure that serves a national rather than a more regional or local need. The thresholds are set out in the Planning Act and have of course been considered and agreed by Parliament. The levels chosen were based on an assessment of the capacity of a typical treatment plant for hazardous waste serving more than simply a regional need, and were right at the time. They were put into the Planning Act. However, we will take note of any concerns about levels chosen and it is open to us to amend them by order if this proves to be justified.
There will be concerns about the potential impacts of these facilities, and my noble friend Lord Addington drew attention to the sensitivity of considering the location of these plants. However, modern, appropriately located, well run and well regulated facilities that are operated in line with current pollution control techniques and standards should pose little risk. The NPS has been subject to an appraisal of sustainability. This shows that the policy set out in it has the potential to provide an overall positive impact. There will clearly be many benefits from the provision of new facilities that allow the more sustainable management of hazardous waste. There is also the potential for some negative impacts, depending on the exact location and technology used, but individual projects will be subject to further assessment, and the NPS will guide the decision-maker on how to weigh these impacts against any potential negative impacts in order to be able to take sustainable decisions.
There has been some concern that the system set out in the Planning Act whereby decisions for nationally significant infrastructure are taken out of the town and country planning system and decided centrally will not sufficiently take account of local interests. Perhaps I may help the noble Lord, Lord Knight, because he asked me to define this. I have some text here that would be useful in terms of definition. The Planning Act system nevertheless offers the opportunity for local concerns to be taken into account. Under the Planning Act, applicants are required to publish a statement setting out how they will undertake consultation in a local area, and do so on that basis before they submit any applications for development consent. They must tell the decision-maker the results of the consultation, and the decision maker will refuse to accept the application if it considers that the consultation has not been adequate. There will also be opportunities for the local community and other key groups—we are thinking of neighbourhood planning forums and neighbourhood plans—to make their concerns known while the application is being assessed. All interested parties will be invited to a preliminary meeting and invited to attend a hearing where they will have a further opportunity to make their views known. The system will allow the views of local communities to be well represented and properly taken into account. It forms part of the process on which the decision-maker has to be satisfied.
It is absolutely right that decisions for infrastructure that will benefit the nation are taken centrally, and I welcome the general agreement of the noble Lord, Lord Knight, on that. However, local issues are very important and potential developers will need to undertake the sort of comprehensive consultation that I have indicated prior to submitting their applications, and they will have to report the outcome to the decision maker. There will be opportunities for local interests to make their views known while the decision-maker is considering an application, and for them to attend relevant hearings. Local interests are key to trying to ensure that local communities can buy in to a decision made in the national interest.
As to why it will ultimately be Communities and Local Government Ministers who take decisions on hazardous waste infrastructure rather than my own department, this merely maintains the status quo. Historically, where applications were made under the Town and Country Planning Act system, they would be referred to the Planning Inspectorate, and CLG Ministers would make the decisions. We considered making a change, because hazardous waste is in effect a Defra responsibility, but it was concluded that there was merit in final decisions being taken by CLG Ministers since CLG has lead responsibility for planning issues. CLG Ministers would therefore be in the best position to make an impartial judgment on whether a proposed facility was an acceptable use of the land, taking into account all planning considerations. Other departments may do things differently for perfectly legitimate reasons. It is not a case of one size fits all, so there might be circumstances where another department took a different view from that of Defra.
On compatibility with the national planning policy framework, the principles of NPS and the NPPF are broadly compatible. Both have a presumption in favour of sustainable development. Policy in the NPS on how the impacts of development should be assessed and taken into account in decision-making has been based on relevant planning policies set out in planning policy statements and older-style planning policy guidance. The draft NPPF streamlines existing planning policy into a consolidated set of priorities. It sets out the Government’s requirements for the planning system only to the extent that it is relevant, proportionate and necessary to do so. However, it remains broadly consistent with current planning policy and with those elements of the NPS dealing with planning policy on the impacts of development. Of course, detailed waste planning policies are not included in the draft NPPF and instead continue to be addressed by Planning Policy Statement 10. The policies in the NPS remain broadly consistent with that pre-existing document.
The noble Lord, Lord Knight, said that we could have taken the opportunity here to merge the planning and permitting systems. However, the two systems have different objectives. The object of the planning system is to consider whether the proposed use or development of the land is in the public interest and the potential impacts of it. It will also consider wider impacts such as that from increased traffic, the potential loss of any other amenity from the land and the visual impact of the facility. The objective of the environmental permitting system, on the other hand, is to protect human health and the environment by controlling emissions and discharges throughout the lifetime of the facility, through its design, operation, decommissioning and closure phases. It addresses other matters not germane to the planning function such as the nature and competence of the operator, the technologies employed, pollution monitoring requirements, record-keeping and other requirements emanating from a wide range of EU directives. Given these different objectives, it is entirely appropriate that the processes are kept separate, although it is recognised that there are matters of common interest. We will look at the noble Lord’s suggestions on matters such as consistency of language, and we are committed also to looking at timing and synchronisation. The noble Lord made the point that, for the sake of applicants, there is a lot to be said for the synchronisation of the procedure, with the two channels running together.
The decision-maker will need to be assured that development consent can be granted, taking full account of environmental impacts. The IPC and its successors—as the noble Lord pointed out, the Secretary of State—will therefore need to work closely with the Environment Agency and other relevant bodies. This happens now under the Town and Country Planning Act system and we are not aware that it causes any difficulty.
This NPS is only at the draft stage. It is still up for consultation and is undergoing scrutiny by the EFRA Committee. We will need to consider the committee’s recommendations and the results of consultation before preparing the final version of the NPS for approval by Parliament. And, of course, we will consider the points that have been made during this debate.