Waste Processing Facilities: Local Environment

John Howell Excerpts

Wednesday 23rd October 2019 Westminster Hall

[Darren Jones]

I do agree. I thank my hon. Friend for her intervention and for her Adjournment debate on the Floor of the House, which I referenced in my letter to the then Environment Secretary, not least because the Government had promised to bring forward some regulations. To be fair, they had done that, but those measures evidently have not been able to solve the types of issues that my hon. Friend and I have to try to tackle in our constituencies.

This is a very lived matter for us locally. My constituents will make complaints to the Environment Agency, to the council, to me and to others, and often there seems to be something that falls between the cracks. If it is not a major, significant issue that the Environment Agency can tackle, Bristol City Council might rightly not be able to tackle it, and constituents then feel that they have nowhere to go and nothing happens. This is the frustration that many of my constituents face.

Even when actual breaches can be demonstrated, an individual instance in itself needs to be sufficiently big for action to be taken. With regard to Bristol North West, Avonmouth historically was land associated with a stately home in the constituency. Its owner built the village very close to industry, essentially for workers, but that has meant that we have an unusual situation—it may not arise in other parts of the country—in which people are living very close to the processing that is taking place. My conclusion as the local MP is that there seems to be just too much processing of waste, by too many facilities, too close together and too close to local residents.

I wrote to the Department about assessing the cumulative impact—not just the individual impact of a particular site or planning permission—with proper sight of how permits are monitored, managed and enforced as well as the impact on the community. The Environment Agency should have greater flexibility to raise minimum standards for the approval and renewal of permits as part of the lifecycle, taking an evidence-led area-wide view in setting conditions on the types and quantities of waste that can be handled, the processes taking place on site and the acceptable means of storage. For us, that might mean in lived experience that less rubbish needs to be processed at any one time, and perhaps fewer bundles may be stored on local sites. Perhaps bundles should be stored in closed, maintained facilities, not in open-air environments.

At present, operators are required to demonstrate how they will seek to minimise and mitigate negative consequences that attach to their work by submitting a written management plan. In affected areas, applicants and existing operators should be subject to more exacting requirements to explain how their processes adhere to the Environment Agency’s guidance on fly management, and such processes should be frequently inspected to ensure that they are delivered on a day-to-day basis.

As things stand, the only avenue for dealing with the problem is through identifying significant rule-breakers. Therefore, even in the best-case scenario, there is slow, piecemeal progress and no resolution to the issue. My constituents are clear that that is not good enough. The Environment Agency needs to be able to draw on a framework for assessing cumulative impact and have the teeth and the flexibility to take action to deal with that impact.

[John Howell (Henley) (Con)]

I am listening carefully to the hon. Gentleman. In my area, the recycling centres are all enclosed in buildings. Does he not think that the planning system is a better means for controlling this problem?

[Darren Jones]

I thank the hon. Gentleman for his intervention. That is part of the puzzle. National and local planning frameworks should better reflect some of these issues when decisions are being taken. For example, a number of early planning decisions were granted by Bristol City Council, but the previous two applications were rejected locally only to be overturned by the national planning authorities, not having taken into account the proper representations made by local councillors about the cumulative impact. We therefore need improvements to the planning process as well as to the rules and the Environment Agency’s ability to take action.

--- Later in debate ---

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Rebecca Pow)]

It is an honour to serve under your chairmanship, Mr Bone. I congratulate the hon. Member for Bristol North West (Darren Jones)—almost a neighbour in the west country—on securing the debate and on his commitment to bringing this issue to our attention. I know he has been working hard locally with the Environment Agency and other partners to try to pinpoint the sources of some of the problems faced by his constituents. Having grown up on a dairy farm, I am well acquainted with living with flies in everyday life, and I sympathise with his constituents who are living with this. I know the Avonmouth area relatively well, having been a news reporter based in Bristol. I was often sent to Avonmouth to report from the industries there—and, indeed, some of the recycling centres.

A relatively significant cluster of waste facilities in close proximity to a residential area will, by its nature, have some impact on local amenity. The planning and permitting systems need to work together to ensure that those impacts are managed within acceptable limits. We need to ensure that we have clear and strong environmental regulation and planning controls that work for the environment, for the people living there and for business. The Environment Agency and local planning authorities therefore each have distinct roles with regard to pollution and planning control to enable that to happen. That is their purpose.

It is for local planning authorities to prepare local plans to meet the need of waste management in their areas and deal with relevant planning applications. All steps of the planning process are subject to public consultation, and local planning authorities do consider representations from stakeholders when making planning decisions. When determining planning applications, local authorities have to give due consideration to potential statutory nuisance and other cumulative impacts—flies could come under that—as well as similar developments being close to one another.

Bristol City Council’s core strategy, which, I remind the House, was adopted by a Liberal Democrat-led council back in 2011—the council is now Labour—identified Avonmouth as a priority area for industrial and warehousing development, including waste management activities. A decision, which was thought about, was taken to make the area a centre for such activity. Planning applications are determined in accordance with the local plan unless material considerations indicate otherwise, and they take account of the likely impact, including cumulative impacts on the local environment, communities and the economy.

When considering those impacts, the planning system has the power to limit the number and types of operation being developed in any particular area, if appropriate. Although I am unable to comment on individual cases, I believe that the hon. Gentleman’s reference to central Government’s overturning the council’s decision to withhold planning permission may relate to an occasion when an independent public inquiry allowed an appeal against the decision. The decision to allow the appeal was then upheld following a challenge in the High Court.

[John Howell]

I hear what the Minister says about what the planning system and local councils can do, but does she recognise that many local councils have different standards for implementing these things, and that that leads not to standardised performance in this field, but to widely varying performance around the country?

[Rebecca Pow]

I thank my hon. Friend for his intervention. Local authorities do have power and are required to act for the benefit of local people; I gather that my hon. Friend’s council has decided that its recycling facilities have to be enclosed, so that is the decision it has made for the benefit of its constituents.

Our published guidance makes it clear that when applying for an environmental permit for regulated activities, operators should make applications for both planning permission and environmental permits in parallel whenever possible. This helps the operator, the planning authority and the Environment Agency to join up, to the benefit of all concerned. I know that necessary distinctions in regulatory roles and remits can lead to particular issues on the ground. It is therefore important that all parties involved in the consideration of granting permission to and permitting regulated facilities work together openly and transparently at a local level, to achieve the best outcomes.