DEVELOPMENT MANAGEMENT
48. The main changes to development management proposed in the Planning Bill are described in the associated policy memorandum. 15 Provided that statutory bodies including SEPA and community councils have been consulted and pre-application consultation where necessary has taken place, the determination of a planning application should also focus on delivering infrastructure to meet agreed needs in strategic outline cases (which will be developed and supported by the Executive's strategic waste fund), Area Waste Plans and EU Landfill Directive targets. PAN 63's sections on Determining Planning Applications and Environmental Impact Assessment continue to provide up-to-date information to meet some of those policy objectives.
PLANNING CONDITIONS, LICENSING POWERS, MONITORING AND ENFORCEMENT
49. Scottish Ministers expect operators to fulfil the terms and obligations of their planning consents and related licences. Planning conditions and SEPA's licensing regimes are separate but complementary in that both are designed to protect the environment from the potential harm caused by development and operations. SEPA has powers to monitor, enforce and if necessary suspend or revoke licences. The dividing line between planning and licensing controls is not always clear cut although to avoid duplication, SEPA may when consulted recommend planning conditions to complement their waste management licences or pollution prevention and control permits. That helps to define matters relevant to licensing which may also be material planning considerations. Planning conditions should meet the specifications of Circular 4/1998 and its addendum. 16 The use of bonds is described in PAN 63 paragraph 90. Planning authorities should take into account advice in PAN 51: Planning, Environmental Protection and Regulation. The planning system should therefore:
- focus on whether the development itself is an acceptable use of the land rather than the control of the processes or waste streams involved;
- regulate the location of the development and aspects of operations enforceable under planning control that will avoid or mitigate adverse effects on the use of land and on the environment; and
- secure decommissioning or restoration to a condition capable of an agreed after-use.
50. Monitoring the impact of development on the environment is well-established within the planning system. Conditions requiring environmental audits by operators may provide a basis for monitoring, with the content and frequency specified by the planning authority, proportionate to the nature of the site and its activities. Audit results allow for agreement to be reached on the need for any remediation to safeguard the environment. To complement current enforcement powers, Planning Bill proposals for start notices will enable planning authorities to monitor development more closely. Proposals for temporary stop notices should ensure that breaches are stopped immediately and that conditions are implemented. Proposals for enforcement charters are intended to increase awareness generally about related powers and responsibilities. Enforcement powers available to planning authorities are summarised in SPP 1: The Planning System, paragraphs 62-64 and are explained in PAN 54: Planning Enforcement and Circular 4/1999.
DESIGN
51. Waste operations are normally contained in industrial buildings. Those of a larger scale, with more than a local visual impact can make use of mass, shape, colour and materials to mark rather than hide their presence. There are several good examples across Europe. It is equally important that site layouts assist environmental management and that they are safe for the public where they have access. The Building Regulations' Technical Standards Part R cover storage of waste in domestic properties and PAN 63 encourages attention to the design of waste installations and other developments.
SITE WASTE MANAGEMENT PLANS
52. The efficient use of landfill can be supported through the use of Site Waste Management Plans ( SWMPs). 17 The purpose of the Site Waste Management Plan voluntary code of practice 18 is to help resolve the shortage of landfill space and the declining number of waste management sites by minimising waste at source on construction sites through the accurate assessment of the use of materials and the potential for their re-use and recycling both on and off site. The Scottish Ministers consider that site waste management plans represent good practice and that proposed new developments with a project value of over £200,000 should be supported by site waste management plans. Planning authorities should consider requiring the preparation of site waste management plans as a condition of planning permission in order to manage waste on site. The Executive also supports emerging practice on demolition protocols which allow for the recycling of material in the construction industry. 19