Torbay Local Plan Regulation 19 Publication Version and Consultation

Strategic Policy WS: Waste spatial strategy Comment

Development should minimise the production of waste and increase its reuse and promote the movement of waste up the Waste Hierarchy; adopting circular economy principles and the proximity principle at all stages of the development cycle.

Waste management facilities that can provide an increase recycling, treatment and reprocessing of waste to ensure sufficient capacity exists for the sustainable management of Torbay’s waste (including waste water) will be supported. Facilities should promote the movement of waste up the Waste Hierarchy.

Waste management sites should be restored at the earliest opportunity to the highest possible standard to sustainable after-uses that benefit the community economically, socially and environmentally.

Where possible, after-uses should conserve and improve local landscape character and provide opportunities for biodiversity.

Policy W1: Waste hierarchy and sustainable waste management Comment

All development should seek to minimise the generation of waste, having regard to the waste hierarchy,^[1] adopting circular economy principles and the proximity principle at all stages of the development cycle:

1. Prevention: Using less material in design, manufacture and re-use. Using less hazardous material and other measures to minimise waste generation.
2. Preparing for Reuse: Checking, cleaning, repairing, refurbishing, whole items or spare parts
3. Recycling Increase recycling and composting through the kerbside collection regime and ensuring adequate existing recycling facilities in Torbay as well as the improvement or development of new facilities where appropriate. Explore opportunities for storage, re-use and collection facilities. Provision of waste audit statements demonstrating accordance with the waste hierarchy for major developments.
4. Recovery: Maximise the recovery of residual waste, through a partnership approach with other Devon Authorities for the use of the site in Plymouth for ‘energy from waste recovery’.
5. Disposal: Minimise the amount of residual waste which is disposed of and minimise the exporting of waste for disposal to Devon and beyond.

Development proposals will be expected to provide a scheme of sustainable waste management, proportionate to the scale and nature of the proposal. As a minimum, all developments should make provision for appropriate storage, recycling, treatment and removal of waste likely to be generated. Residential units should be provided with adequate space within the curtilage for waste and accessible kerbside recycling bins and boxes as a site acceptability matter. Planning contributions may be required to enable the provision of additional waste management facilities or equipment where these are needed to support development.

Policy W2: Waste reduction and waste audit for major and significant waste generating developments Comment

All development should be designed in accordance with circular economy principles to minimise waste generation and maximise reuse and recycling of materials by:

• retaining and repurposing existing structures where feasible;
• allow for ease of adaptability, redevelopment and refurbishment; and,
• optimise sustainable construction methods which include the use of recycled and recyclable materials and techniques which minimise waste and allow for ease of deconstruction and reuse of building components.

Major development proposals must be supported by a Waste Audit demonstrating how construction, demolition, excavation and operational waste will be minimised and managed in accordance with the waste hierarchy. This should include:

1. measures to prevent, reuse and recycle waste;
2. provision for on-site waste storage and segregation;
3. efficient use of materials and reduction of raw material consumption;
4. measures to minimise pollution from waste; and
5. consideration of how the proximity principle has been applied to the management of waste.

Where appropriate, the audit should also consider opportunities to reduce waste transport impacts, including the use of sustainable transport modes where feasible and viable.

The audit should be proportionate to the scale of the proposal, number of visitors and likely waste (including operational waste) generation.

Proposals for waste disposal sites must incorporate a satisfactory scheme for the reclamation of the site to an appropriate after-use, progressively wherever possible, and at the earliest possible opportunity, and progressively during site operation where possible. Adequate contingency measures should be included to manage any systems failures.

All relevant proposals should be accompanied by a recycling and waste management strategy which considers the above matters and demonstrates the ability to meet local authority waste management targets where applicable.

Strategic Policy W3: Safeguarding waste management facilities Comment

Existing, allocated or permitted waste management sites (for the re-use, recycling and composting, transfer, treatment, recovery or disposal of waste) will be protected unless it can be demonstrated that there is no longer a need for the facility or equivalent or enhanced replacement capacity will be provided prior to the loss of the site. Development proposals within or in the vicinity of (typically within 250m), waste management sites that would prevent or prejudice the use of such sites for those purposes will not be permitted unless it can be demonstrated that any potential impacts can be effectively mitigated to ensure that the operation of the waste management facility is not adversely affected.

The improvement and expansion of existing waste management facilities will be supported where this would enhance their efficiency, capacity, or environmental performance, including the Torbay Household Waste Recycling Centre (HWRC) and Waste Transfer Station at Yalberton, Paignton. The use of Yalberton Tor Quarry for Construction, Demolition and Engineering Waste, or other waste management purposes, will be protected.

Policy W4: Proposals for new waste management facilities Comment

Preference will be given to proposals for (non-hazardous) waste management facilities that are in accordance with the waste hierarchy and located on previously developed land. Individual sites should be well-related to the transport network (including rail and water), to centres of population and sources of waste, and be compatible with neighbouring land uses.

Waste management development will be supported where they would not have an unacceptable impact (including cumulative impact in combination with other existing or permitted development) upon human health, amenity, (including noise levels, odour, air quality, dust, litter, light pollution and vibration) land stability, the quality and quantity of surface waterbodies, groundwater, capacity of existing drainage systems, hydrogeological ) and flood risk and features of, environmental (including landscape, historic and geological environment) and biodiversity importance. Policies for the protection of these features are set out elsewhere in the Plan.

Development of facilities for the management of special types of waste (including clinical or hazardous waste) should serve a defined local need and particular consideration will be given to any health, environmental and amenity impacts.

The immediate and wider impact of facilities on the surrounding environment should be minimised through high quality design solutions, with the use of sympathetic materials and colour schemes, and effective methods of landscaping and screening. Specific site management issues should be carefully addressed including amenity, litter, vermin and birds, the impact of odours, lighting, noise, vibration, hours of operation, access and transport movements.

All proposals for waste management facilities must assess the potential for non-HGV transportation of materials to and from the facilities, principally by rail (or water) and take up these sustainable transport opportunities where available. Proposals should be satisfactory in terms of access where anticipated HGV movements, taking into account cumulative impacts and any mitigation measures proposed (including safety, highway network, air quality). Supporting Transport Statements/Assessments should demonstrate sufficient parking, access, routes, safeguarding of other road users and sustainable transport measures.

Where appropriate, provision for restoration and after use will be required.

Development proposals at, or within 250m of an allocated waste management site that would prevent or prejudice the use of such sites for those purposes will not be permitted unless conflicts can be satisfactorily mitigated.

The use of Yalberton Tor Quarry for Construction, Demolition and Engineering Waste, or other waste management purposes, will be supported.

Strategic Policy W5: Waste water disposal and infrastructure capacity Comment

The Council will support the provision, upgrading and expansion of wastewater treatment and sewerage infrastructure where such proposals aim to improve the quality of discharged water or reduce the environmental impact of the operation of the waste water treatment facility.

All development proposals will be required to demonstrate that they can be delivered and operated without giving rise to unacceptable impacts on water treatment and disposal, or deterioration in the service received by residents and businesses. In considering minor development proposals, the council will have regard to the in-combination impact of such developments and their effect on local capacity or flows or adversely affect the integrity of designated sites.

Proposals for housing developments, particularly on new greenfield sites and Future Growth Areas, (having regard to the advice of the relevant statutory bodies) will only be permitted where it can be demonstrated that:

1. Waste water treatment works or other sewerage infrastructure serving these developments have sufficient capacity to accommodate the additional development, without increasing the risk of overflows of untreated sewage into the environment; or
2. There would be no increase in the levels of pollutants or spills (see definition below) likely to have an adverse effect on the integrity of the Lyme Bay and Torbay Marine Special Area of Conservation, due to insufficient capacity within the combined sewer system and/or of treatment works; or
3. The proposal would not otherwise increase the risk of overflows of untreated sewage into the environment.

Appropriate measures to reduce the impact of development on the sewerage system, such as natural or sustainable drainage and water conservation measures, will be required, proportionate to the scale and nature of development.

In addition, development of previously developed land must be in accordance with the hierarchy set out in Policy ER2 to ensure that development schemes do not exacerbate sewer flooding and Combined Sewer Outfall (CSO) spills. This will apply in particular, to development that discharges into Hope’s Nose CSO in Torquay.

A Health Impact Assessment will be required for new or extended waste water treatment facilities. Existing and permitted waste water infrastructure (including Brokenbury Quarry) will be protected; new development should not compromise their operational efficiency, necessary upgrades or expansion or introduce sensitive uses that could lead to conflict.

Strategic Policy MS: Sustainable minerals strategy Comment

The Council will support a sustainable minerals strategy that:

1. supports the transition to a low carbon economy, including through increasing the use of secondary and recycled aggregates and reducing reliance on land-won materials where practicable;
2. safeguards economically important mineral resources, including building stone, and associated transportation and processing infrastructure from unnecessary sterilisation;
3. ensures that mineral development incorporates appropriate measures to adapt to and mitigate climate change;
4. protects amenity and minimises adverse environmental impacts;
5. delivers high-quality restoration and after-use, conserving and enhancing landscape character, historic assets, and geodiversity, including the significance of the UNESCO Geopark; and
6. maintains a steady and adequate supply of minerals in accordance with identified needs and the evidence base

Policy M1: Minerals extraction and environmental safeguards Comment

The process of identifying, appraising, designing and implementing proposals for new or disused sites for minerals extraction will be subject to the following criteria:

1. The need for the mineral, taking account of aggregate landbanks for the region;
2. Likely effects on designated sites of environmental and historic importance, geodiversity or biodiversity (policies GE1, NC1 and HE1 refer);
3. The sustainability of the impact on the surface water flow regime and groundwater sources under current and future climate change scenarios;
4. Compatibility with surrounding land uses, including historic character and landscapes, and in particular protected landscapes such as National Landscape;
5. Proximity to local communities and the need to maintain and enhance the local landscape character and setting of settlements;
6. Proximity to primary end use markets and ease of access by road or alternative transport modes;
7. The ability for a site or sites to deliver significant contributions to habitat creation and priority species as well as geodiversity gains where applicable;
8. The provision of Pollution Prevention Plans, including a method statement for management of all potentially polluting activities; and
9. There are no unacceptable impacts on human health, noise-sensitive properties and aviation safety; noise, dust and particle emissions or vibrations should be controlled, mitigated or removed at source.

Extensions to existing/disused sites will be given priority over new sites, subject to environmental acceptability. The cumulative effects of activities and sites will also be considered. Proposals for the extraction of building stone that demonstrate a local need for the mineral (such as the repair of heritage assets) will be supported, subject to the above criteria and other relevant Policy requirements of this Plan. An acceptable programme of progressive working throughout its life, early restoration and after-use must be submitted.

Policy M2: Maximising the Use of secondary and recycled aggregates Comment

The council will support developments that promote and maximise the use of secondary and recycled aggregates. Sites for the reception, processing and distribution of secondary and recycled aggregates will be supported, subject to meeting other Policy requirements of this Plan, near to the source of raw materials in the following locations:

1. Industrial areas and previously developed land;
2. Within existing, proposed or suitable former minerals developments; and
3. Co-located with existing or proposed waste management facilities.

Proposals will be assessed against relevant environmental and amenity criteria set out in Policy M1 where applicable to the nature of the development. Development that would prejudice the operation or potential expansion of existing or permitted secondary and recycled aggregate facilities will not be permitted.

Policy M3: Preserving and safeguarding of limestone resources and key local building stone Comment

The council will seek to safeguard important mineral resources and sites, which may include currently disused quarries. The use of local building stone in new development and for restoration purposes (particularly of heritage assets) will be encouraged. The redevelopment of buildings constructed in local stone should ensure the re-use or salvage of such material. Any non-mineral development proposal on or in the vicinity of an important mineral resource, including a Mineral Safeguarding Area (shown on the Policies Map), will only be permitted where it can demonstrate (through a Mineral Resource Assessment) that it will not cause unnecessary sterilisation or prejudice the future extraction of important minerals or building stone on these sites.