Historic landfill

Screen

These are the questions we answer during the Screen stage.

Answering them wil help us learn more about the Historic landfill consideration, determine if a data standard is required and whether we know enough to move on to the next stage.

  • What is the 'Historic landfill' consideration?

    Sites where there is no PPC (Pollution Prevention and Control) permit or waste management licence currently in force.

  • Is there legislation that defines 'Historic landfill'?

    Yes

    • What is the legislation that defines 'Historic landfill'?

      The Town and Country Planning (General Development Procedure) Order 1995, Article 10, "Consultations before the grant of permission," paragraph x -

      "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"

    • What is the specific part of the legislation that describes how a 'Historic landfill' gets designated?

    • What is the specific part of the legislation that requires the publication of 'Historic landfill'?

  • 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;"

  • Which organisations do we think should publish the data?

    • Environment Agency

  • Is the Historic landfill a trigger?

    Yes

    • 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.

  • Is the Historic landfill something to consult during plan making?

    Yes

    • 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.

  • Is there any Historic landfill data already available?

    Yes

  • Do we think the data should come from a single source?

    Yes

  • Will a data standard be required?

    No