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Planning

Generally, developments relating to waste uses will require a specific planning consent from the relevant Planning Authority, which for waste is from the County Council or Unitary Authority. Therefore a waste management facility operating on land that has B2 or B8 use will require a change of use planning consent for a waste management facility. However, the application of what constitutes a waste management facility varies across the country.

360 can provide a full planning support service: 

  • Guidance on land use planning issues relating to waste treatment and disposal activities.
  • Initial liaison with your local planning office on what constitutes a waste management facility.
  • Managed process for either an application for a Certificate of Lawful Use or a full planning application, with professional representation to the planning department as necessary.
  • Full consideration of material issues for each individual planning application where pollution considerations arise.
  • Advice on mitigation measures to address any objections/potential problems
  • Appeal support if required.

Operations that are processing recycled materials may or may not require a specific planning permission beyond a B2 General Industrial Use as defined within the Town and Country Planning Act (Use Classes Order) 1989. A MRF may fall under use Class B2 and to confirm the position a certificate of lawfulness may be advisable, particularly where a permit is required and the Environment Agency ask for confirmation of a valid planning consent relating to the use. The general view is that MRF's dealing with source segregated waste where virtually all of the material is subject to an industrial process, is a B2 Use, rather than a transfer station with some recycling activities which is a Sui Generis waste use.

Existing waste management facilities operating under an exemption may be required to apply for an environmental permit either due to changes in operations on site or as a result of the legal changes for environmental permitting. Waste management facilities are required to submit the correct planning permissions during the application stage for an environmental permit and therefore it is advisable to ensure the correct planning permissions are submitted, as this may result in the Environment Agency rejecting the permit application.

Advice can be given on the planning position and where appropriate seek either a Certificate of Lawful Use under S192 of Town & Country Planning (General Development Procedures) Order 1995, or a full planning application for a change of use.

Town and Country Planning Act (Use Classes Order) 1989

Town & Country Planning (General Development Procedures) Order 1995

The Town and Country Planning (General Development Procedure) (Amendment) (England) Order 2005

B2/B8 uses
 


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