Archived decisions

APPENDIX 1

Minerals and Waste Planning in Hampshire: Annual Report 2002/03

 

    · Summary

1. Introduction

This is the sixth Annual Report which meets a commitment in the Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan to prepare regular monitoring reports on minerals and waste.

The format is similar to previous years but more emphasis is placed on performance targets and actions. It is primarily for the financial year 2002/03 but includes information on minerals and waste development in Hampshire up to the end of October 2003.

The Report concludes that national and local performance targets for minerals and waste are only partially being met; actions are being taken to improve the service provided; but that resources are being stretched.

    · Contacts for advice on minerals and waste planning and related matters in Hampshire are listed in Appendix 1.

2. Monitoring and enforcement

The Annual Report identifies that the monitoring and enforcement performance targets, set out in the `Development Control (Enforcement) Policy' adopted in October 2000, are not being met.

These require all active mineral and waste sites to be visited at least four times a year, inactive sites at least once a year and complaints responded to within two days. During 2002 only 84% of the permitted sites (about the same proportion as active to inactive sites) received recorded monitoring visits, with less than three visits per site monitored. This is primarily because monitoring staff time is being spent on processing detailed submissions following grant of planning permission. In practice, a number of high profile sites require monthly or even more frequent visits. Complaints are normally responded to on the same day but the recording system requires updating and action has been taken to do this within three months.

The targets are not being met for a number of reasons including:

    · an increasing number of sites (225) with planning permission, 53 new sites since 1 April 2001;

    · increasingly complex operations, particularly waste developments;

    · a consequent increase in the number and complexity of planning conditions requiring the submission of details for determination;

    · a consequent increase in the number and complexity of planning conditions to be monitored and enforced;

    · an increase in the number of Liaison Panels to be serviced; and

    · an increase in complaints about the operation of sites to be responded to.

To improve the frequency, efficiency and effectiveness of monitoring visits and the recording of visits and complaints the following actions are being taken:

    · a temporary, part-time monitoring officer has been employed, increasing the number of staff to 2.4;

    · the Site Inspection Report has been redesigned so that a copy is now signed by and left with the operator;

    · a system of `risk based monitoring' is being developed;

    · a new computer-based planning application system will be extended to include monitoring and enforcement.

    · Minerals and waste sites are listed in Appendix 2 and indicated on Maps.

3. Planning applications and appeals

The Annual Report identifies that the performance targets set by Government for determining planning applications were met in 2002/03. These require at least 55% of `County Matter' applications to be determined within 13 weeks, excluding those with Environmental Statements and Mineral Review applications. During 2002/03 over 65% of these applications (40/61) were determined within 13 weeks.

Between 2000/01 and 2002/03 the number of `County Matter' planning applications received each year increased from 56 to 94 and the number determined from 48 to 65, an increase of 68% and 35% respectively. The number of applications remaining to be determined increased from 39 to 63 at the beginning of April 2003. However, many of those applications outstanding required action by the applicant, including the conclusion of legal agreements. Action has been taken to reduce the number outstanding which is now down to 34.

To maintain and improve the level of service the Environment Departmental Management Board has adopted a Development Control Service Plan Review and Action Plan for Service Improvements. This Review identifies the following actions:

    · adoption of a Development Control Service Policy setting out standards so that all stakeholders understand what is being provided and to what level;

    · carry out a user satisfaction survey `piggy backed' on a statutory Planning Best Value Indicator survey;

    · review use of the annual Members' Tours of sites to examine outcomes of planning decisions;

    · instigate a site inspection strategy based on `environmental risk' to improve site inspection recording;

    · complete installation of and commission the new Development Control System; and

    · future Annual Reports to review progress of the implementation of the Minerals and Waste Local Plan.

The processing of planning applications is resource intensive, particularly given the complexity of `County Matters' and the interest they generate with the public. To improve the efficiency of the service, a new computer-based development control system went on-line in July 2003 to provide an electronic data link for applications from registration, through determination, to implementation and monitoring. Additional, temporary administrative staff was employed while the new system was being implemented. This arrangement has been extended to maintain improvements in the service and handle a continued increase in workload and will be reviewed in due course.

The number of appeals against refusal of planning permission and against enforcement action has also increased to date. Appeals are particularly resource intensive, both in administration and professional input, even where consultants are employed. The actions identified should help to address these peaks in workload.

    · Minerals and waste planning applications determined or remaining outstanding are listed in Appendix 2.

4. Planning policy

The Annual Report identifies that the performance targets set by Government for minerals and waste planning policy, for an up-to-date Plan adopted in the past five years and the procedures in place for the speedy review of these plans, are only partially being met.

The Planning and Compulsory Purchase Bill currently progressing through Parliament is a fundamental review of the way authorities carry out their planning functions, including the format of development plans and community involvement. In tandem, a large number of new draft regulations, procedures and guidance are being produced by the Office of the Deputy Prime Minister and Regional Government offices for consultation.

The Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan was finally adopted in December 1998 and ran to December 2001 with a seven year landbank for land-won sand and gravel to December 2008. A review of the minerals part of the Plan commenced with a series of stakeholder meetings in 2001/02; an Issues Paper published for wider consultation in June 2002; and a study undertaken of the mineral resources in Hampshire, to ascertain where future resources might be worked. The aim was to publish a deposit version of the review of the minerals part of the Plan in late autumn 2003.

However, the three strategic planning authorities reconsidered the approach to the review in the light of comments arising from the stakeholder dialogue and the implications of the Planning and Compulsory Purchase Bill. A review of waste policies is now being progressed and an integrated Hampshire Minerals and Waste Development Framework (HMWDF) is likely to be put on deposit in late autumn 2004. The HMWDF will also form part of the Materials Resource Strategy launched in September 2003.

The resources committed to the review of the Plan are to be enhanced with the temporary transfer of an additional officer. However, the changes brought about by the Planning and Compulsory Purchase Bill, and the planning input necessary for the Materials Resource Strategy programme, will need to be kept under review.

5. Meeting the need for minerals

The Annual Report identifies that at the 2.7 million tonnes per annum (mtpa) allowed for in the Plan, a landbank exists of permitted reserves of sand and gravel, sufficient for only five years at the beginning of 2003 with a further 3.8 years provision identified in the Plan. However, sales for the past ten years have averaged 2.5 mtpa, falling to 2.2 mtpa in 2002. A number of sites are coming to the end of their permitted reserves and the rate of new planning permissions is not keeping pace with sales. With a few exceptions, this is mainly a reflection of the industry failing to submit applications rather than of the planning process. The future provision for sand and gravel and other minerals will be reviewed in the HMWDF in the light of revised forecasts and apportionments identified in the Regional Minerals Strategy Consultation Draft published by South East England Regional Assembly (SEERA) in September 2003.

6. Meeting the need for waste management

The Annual Report also identifies a remaining permitted and licensed landfill capacity for non-inert waste sufficient for only two years at 2000/01 input rates. In practice this is largely in only three remaining sites. However, the infrastructure necessary to meet Hampshire's Household Waste Strategy - energy recovery incinerators, materials recovery, waste transfer and composting facilities - are now in place or being constructed. The future provision for all waste management facilities will be reviewed in the HMWDF in the light of revised forecasts identified in the Regional Waste Strategy Consultation Draft published by SEERA in March 2003.

7. Good practice

Mineral working and subsequent restoration, with or without backfilling, is undertaken for the benefit of the community at large. In the majority of cases, this is undertaken without lasting environmental damage. Indeed, there are examples which have produced wider environmental benefits such as in wildlife habitat creation, in some cases of International importance or restoration to recreation. Examples are included in the Annual Report of where minerals and or waste developments in Hampshire have produced wider benefits in the archaeological and ecological fields, or where such developments have raised wider issues.

Most operators in Hampshire belong to the minerals or waste trade associations which require their members to adhere to Environmental Codes of Practice. Many larger minerals and waste companies operate Environmental Management Schemes both for their organisations and for individual operations. The County Council supports the principle of the use of these codes and management schemes and seeks to work with the minerals and waste industries so as to minimise the impacts of working and maximise the wider benefits to the communities affected through restoration and access.

Conclusions

Although efficiencies have or are being put in place, the Minerals and Waste Planning Service is constantly striving to meet increasing aspirations of the community. There are over 200 permitted minerals and waste sites in Hampshire at various stages of development. Also there are some 100 minerals and waste planning applications a year currently being processed and about 50 unauthorised activities investigated each year. Furthermore, there are an increasing number of appeals against refusal of planning permission and against enforcement action. Accordingly the meeting of targets is challenging.

    · Monitoring and Enforcement -

Members have expressed a desire to increase the use of formal enforcement powers to deal with perceived abuses of the system. Enforcement of planning conditions, or of unauthorised development, is undertaken primarily through negotiation. Where formal enforcement action has been taken this has been successful. However, such action is usually only successful when all other means have been explored. Whether formal or informal action is taken, monitoring and enforcement is time consuming and, without the cooperation of the developer, is frustratingly slow for both the public and the authority. The options are to either focus effort where the risk is judged to be greatest or to increase resources. The consequence of focused, `risk based' action is that public expectations that conditions are to be enforced elsewhere are not met, leading to an increase in complaints. If and when fees for monitoring are introduced by Government, resources will need to be reviewed.

    · Planning Applications -

Members have also expressed concern about the delay in progressing legal agreements once it has been resolved to grant planning permission and the late submission of applications for extensions of time. Progress has now been made in reducing the backlog of applications, although a number of draft agreements have been with applicants for some time. Progress is also being made in encouraging operators to submit applications for extensions of time well in advance, although there is no statutory requirement for them to do so. Government expects year-on-year improvement in performance, linked to increased application fees and possibly to Planning Delivery Grant. Increasing public involvement in the planning application and appeals process adds to pressures on the Service and needs to be kept under review.

    · Planning Policy -

The review of minerals and waste policy is being given high priority in association with the Materials Resource Strategy. Stakeholder involvement in this process and involvement at the site selection and public inquiry stages are likely to add to the pressures on the service and resources need to be kept under review.

The Minerals and Waste Planning Service has adapted to change over many years to keep abreast of the demands placed on it. Actions have been taken to address these changes and to improve the Service, but these actions also divert resources away from the day-to-day casework. The nature of minerals and waste planning is that programmes and procedures can easily be diverted by major applications, appeals and enforcement, or the need to respond to and influence national and regional policy and initiatives. Resources can then be stretched so that service objectives need to be reviewed. However, changes proposed in the Planning and Compulsory Purchase Bill and the consequent regulations, procedures and guidance, may also impact further on the service.

Alison Quant

Director of Environment

October 2003

The information in this document can also be made available in a large print format. To obtain a copy, or for further information on the contents of the sixth Annual Report, please contact Roger Stow in the Minerals and Waste Planning Group of the Planning Department on 01962 846731 or e.mail [email protected]