Historic landfill
Sites where there is no PPC (Pollution Prevention and Control) permit or waste management licence currently in force
- Design stage
- Co-design
- Github
- Join the discussion
- Synonyms
- No synonyms added
- Legislation
- No legislation added
- Expected number of records
- 19,806
- Frequency of updates
- Ad hoc
- Useful links
- No useful links added
- Technical specification
- No specification added
Background information
Each planning consideration we work on passes through the stages of our design process, where we research and answer specific questions to help us collect more information.
Backlog
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Who asked for 'Historic landfill' data?
Identified as a potentially high value consideration with possible national data already available
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What is the driver for the request?
Other
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Which 2024 focus area does the request support?
- Modern planning software
Screen
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What is the 'Historic landfill' consideration?
Sites where there is no PPC (Pollution Prevention and Control) permit or waste management licence currently in force.
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Is there legislation that defines 'Historic landfill'?
Yes
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What is the legislation that defines 'Historic landfill'?
"Before granting planning permission for development which, in their opinion, falls within a category set out in the table below, a local planning authority shall consult the authority or person mentioned in relation to that category"
Paragraph x - "Development within 250 metres of land which— (i) is or has, at any time in the 30 years before the relevant application, been used for the deposit of refuse or waste; and (ii) has been notified to the local planning authority by the waste regulation authority for the purposes of this provision"
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What is the specific part of the legislation that describes how a 'Historic landfill' gets designated?
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What is the specific part of the legislation that requires the publication of 'Historic landfill'?
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Who, in law, is responsible for the planning consideration or makes decisions about 'Historic landfill'?
In line with paragraph x, "the waste regulation authority concerned." A bit further down in the legislation (2(k)), "“waste regulation authority” has the same meaning as in section 30(1) of the Environmental Protection Act 1990(12)." The aforementioned legislation states that "any reference in this Part to a waste regulation authority in relation to England is a reference to the Environment Agency;"
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Which organisations do we think should publish the data?
- Environment Agency
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Is the Historic landfill a trigger?
Yes
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What needs to be done because Historic landfill has acted as the trigger?
The existence of historic landfill any less than 250m from a proposed development sites triggers a conversation to be had between the local planning authority and the Environment Agency. The extent of the conversation that would need to be had is something that we don't know.
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Is the Historic landfill something to consult during plan making?
Yes
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Provide information about when Historic landfill is used during plan making
Understanding the presence of historic landfill sites at the plan-making stage is important to understand the relevant mitigation required for the site to make it suitable and deliverable.
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Is there any Historic landfill data already available?
Yes
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What Historic landfill data is currently available?
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Item 1
- name
- Historic Landfill Sites
- fields
- gml_id;hld_ref;site_name;site_add;ea_wmlr;site_ref;lic_hold;licholdadd;os_prefix;easting;northing;ea_region;ea_area;lic_issue;lic_surren;firstinput;lastinput;inert;licenced;bgs_num;siteopname;industrial;commercial;wrc_ref;household;special;buff_point;exempt;liqsludge;siteopadd;gascontrol;regis_no;wasteunk;leachatcnt;nolicreq;shape_Length;shape_Area
- coverage
- National
- publisher
- Catchment Based Approach Data Hub
- attribution
- © Environment Agency copyright and/or database right 2015. All rights reserved. Contains information © Local Authorities.
- metadata_url
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Item 2
- name
- Historic Landfill Sites
- fields
- licence
- Environment Agency conditional licence
- coverage
- National
- publisher
- Environment Agency
- attribution
- © Environment Agency copyright and/or database right 2018. All rights reserved. Contains information © Local Authorities
- metadata_url
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Do we think the data should come from a single source?
Yes
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Will a data standard be required?
No
Research
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Do we understand the lifecycle of a Historic landfill?
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Do we understand how the data is created/produced?
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Where will or should the data be used?
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What other planning considerations does it interact with?
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Who are the statutory consultees for Historic landfill?
The Environment Agency
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Other than the statutory consultees who are the primary users of Historic landfill? How do we expect them to use Historic landfill?
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What are the planning needs for this data?
Understanding the presence of historic landfill sites at the plan-making stage is important to understand the relevant mitigation required for the site to make it suitable and deliverable. The existence of historic landfill any less than 250m from a proposed development sites triggers a conversation to be had between the local planning authority and the Environment Agency. The extent of the conversation that would need to be had is something that we don't know.
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Who are the types of users who might benefit from having access to Historic landfill data?
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What are some potential uses of Historic landfill data?
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What's the value of adding Historic landfill data to the platform?
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From what we have learnt so far are there any risks to making Historic landfill data available?
5 updates
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Mike Rose (14 October 2024)
Environment Agency responded on 10.10.24 ->
Thank you for your email.
The one-year limit on the licence is in place because the Historic Landfill data contains information we consider “personal data” under the Data Protection Act and GDPR. This includes names, addresses, licensee and operator details, licence issue and surrender dates, first and last input dates, waste types, and some historical comments.
Conditions related to Data Protection:
‘1. Notwithstanding the fact that the standard wording of the Environment Agency Conditional Licence indicates that it is perpetual, this Licence has a limited duration of one year at the end of which it will terminate automatically without notice. 2.1. The Information contains some data that we believe is within the definition of “personal data” under the Data Protection Act 1998 but we consider that we will not be in breach of the Act if we disclose it to you with conditions set out in this condition and the condition above. This personal data comprises information relating to individuals, or to sites operated by an individual or partnership of individuals. 2.2 Under the Act a person who holds and uses or passes to others personal data is responsible for any compliance with the Act and so we have no option but to warn you that this means you have responsibility to check that you are compliant with the Act in respect of this personal data.’
However, you must first check the licence information on the dataset page to determine if the conditions on use are suitable for your purposes. If they aren’t, this information is not provided with a licence for use, and the data is provided for read right only.
Many thanks,
Defra Support Team
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Mike Rose (11 October 2024)
Environment Agency has been contacted via their data sharing platform Helpdesk to confirm our interpretation of the conditional licence.
We have also asked for an explanation of the time limit condition.
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Kieran Wint (03 September 2024)
The dataset published through data.gov.uk by the Environment Agency for Historic Landfill Sites is updated 'as needed', so this has been marked as ad hoc.
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Mike Rose (14 August 2024)
The 'Conditional EA Licence' that applies to the Historic Landfill Data from the Environment Agency is broadly compatible with the OGL.
The key difference that is outlined within the metadata for the dataset (which is how this conditional licence works) is that the licence is not perpetual but limited to a year.
The licence (the year) appears to restart every time the data is downloaded / accessed.
There is also a recognition that there may be some personal data in the records as a result of how former owners / permit holders of historic landfill sites have been captured.
However, similarly to the OGL the nuance in the conditional licence is effectively 'user beware' and making sure that we (the user) are checking that GDPR or similar is not being infringed.
Therefore for the purposes of the planning data platform, we need to flag that the data is under the EA conditional licence, ensure that there are links back to the appropriate licence and metadata and ensure that the data is collected / accessed / downloaded at least annually.
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Kieran Wint (07 August 2024)
Two datasets have been identified, both titled "Historic Landfill Sites." One is published through the "Catchment Based Approach Data Hub", the other through data.gov.uk, supplied by the Environment Agency.
A little bit more research will need to be done to check whether this is the same data. Initial signs point to yes, as the licence is the same and the attribution statements are similar, but we need to confirm this.
This can be completed in the co-design phase.
Last updated: 2024-09-03 15:54:20