On 16th and 17th September MPG’s Jessica Morgan-Smith was on the WATA stand at RWM, taking part in its ‘Ask the Experts’ sessions. RWM is always a great opportunity for us to meet people from across the waste and recycling sector and talk through some of the practical planning and permitting issues affecting their businesses.
One of the main talking points throughout the two days was site restoration and the difference between Deposit for Recovery permits and Landfill permits.
The wording of a planning permission can have significant implications for whether an activity can qualify as recovery rather than disposal. For a Deposit for Recovery application, an operator must demonstrate that the waste is genuinely replacing non-waste material that would otherwise have been used to achieve a defined and necessary purpose and that needs to come across really clearly if you’re leaning on a planning obligation.
If a planning permission specifically requires a site to be restored using imported waste, it may be difficult to demonstrate that the waste is substituting for non-waste material. This is why planning and permitting are better considered together from the outset. A condition or phrase in a planning permission can scupper your chances of recovery later on if recovery was never the intention.
We also discussed the importance of securing the necessary planning permissions and environmental permits before investing in large items of fixed plant with a few operators and plant manufacturers.
Equipment such as wash plants requires substantial investment, but businesses sometimes commit to purchasing plant before confirming whether it can lawfully be installed and operated at their site. Obtaining planning permission and the relevant permit first provides far greater certainty. It may also improve the prospect of securing finance, as lenders can see that the regulatory framework needed for the business to operate is already in place.
As always, finding the right site remains one of the sector’s biggest challenges. Suitable sites need good access, sufficient separation from sensitive receptors and a realistic prospect of obtaining planning permission and permits. Mineral sites bring additional considerations, including whether the minerals can be released and how the resulting void will be restored using incoming material. The planning, minerals, and waste elements all need to work together.
Site searches were therefore another popular topic at RWM, alongside mobile plant permits and the development of new construction and demolition waste recycling facilities, which we’ve seen a rise in this year. Mobile plant permits can provide greater operational flexibility, but they don’t remove the need to consider planning permission, deployments, site-specific controls, and the suitability of each location.
We had a couple of separate conversations discussing whether an existing planning permission for open storage would cover a new waste use. Spoiler alert, it generally will not! The storage, processing, or recycling of waste is materially different from ‘general open storage’ and will likely require a new planning permission, as well as an environmental permit.
The main takeaway from the two days was the value of getting advice early. Whether you are restoring a site, purchasing a wash plant, searching for new premises or expanding into C&D waste recycling, addressing planning and permitting together can avoid expensive surprises later.
