Minerals and waste site monitoring
Fees became chargeable for mineral extraction and landfill permissions in April 2006 and have been revised several times since then although the 2006 guidance is still extant. Mineral extraction and landfill permissions often have complex technical conditions attached to mitigate the physical impact of the working of the sites over many years and the fees were introduced to ensure that these permissions can be monitored in accordance with good practice.
The regulations provide for up to 8 monitoring visits in any period of 12 months – referred to as the charging year can be made to active sites. Additional visits can be made but cannot be charged for. For inactive sites, a reduced fee is payable for one monitoring visit a year.
Planners and operators are expected to work together constructively to review compliance with permissions in the light of the stage of development reached and possible changing operational circumstances and needs. The number of visits is agreed upon with operators at the start of each charging year and are expected to take into account the current level of operator compliance with the relevant planning permissions.
The duty on waste planning authorities to monitor sites that fall outside the 2006 fee-charging regime for mining and waste landfill permissions has been strengthened.
Firstly, when discharging their planning responsibilities, Article 34 (Inspections and Records) of the Waste Framework Directive (2008 / 98 / EC) and Regulation 19(2) of the Waste (England and Wales) Regulations 2011 require waste planning authorities to carry out appropriate inspections of establishments or undertakings which carry out waste treatment operations or collect or transport waste. There is no prescription on the frequency and requirements of such inspections, which is left to the discretion of waste planning authorities to determine.
Secondly, the National Planning Policy Framework (NPPF) places a general requirement on local planning authorities in the preparation of local plans to safeguard existing, planned and future potential sites for concrete batching plants and railheads in order to facilitate the sustainable use of minerals.
Types of non-fee-charging sites include:
- materials recovery facilities
- aggregates recycling
- composting facilities
- thermal treatment plants
- sewage treatment works
- tidy tips (household waste recycling centres)
- asphalt plants
- concrete batching plants
- railhead facilities