Essex Minerals and Waste Development Framework

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Essex Minerals and Waste Development Framework
Essex County Council’s Minerals and Waste
Development Scheme 2014
May 2014
This Revision of the Essex Minerals and Waste Development Scheme came into
effect on 27 May 2014
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Contents
Introduction ................................................................................................................ 4
Reasons for reviewing the development scheme ................................................... 5
Transitional arrangements ...................................................................................... 6
Saving existing plans and policies....................................................................... 6
Minerals and Waste Development Framework Preparation ....................................... 6
Content of the Minerals and Waste Development Framework ................................ 6
Progress since the 2012 scheme ........................................................................... 7
Profiles of Development Plan Documents to be prepared by 2016 ........................ 7
Minerals Local Plan ................................................................................................ 7
Waste Local Plan .................................................................................................... 8
Minerals and Waste Policies Maps ..................................................................... 9
Other Mineral and Waste Documents ................................................................... 10
Supplementary Planning Documents ................................................................ 10
Minerals and Waste Planning Annual Monitoring Report .................................. 10
Statement of Community Involvement .............................................................. 11
Sustainability Appraisal ..................................................................................... 11
The evidence base ............................................................................................ 12
Local Aggregate Assessment............................................................................ 12
Programme for the preparation of the Minerals and Waste Plans ............................ 12
Arrangements for the production of Development Plan Documents ................. 12
Priorities and resources .................................................................................... 12
Programme Management and Responsibilities ................................................. 12
Council procedures ........................................................................................... 13
Joint working ..................................................................................................... 13
Risk assessment ............................................................................................... 13
Constraints ........................................................................................................ 16
Dependencies ................................................................................................... 16
Examination ...................................................................................................... 16
Monitoring and review of the Minerals and Waste Development Scheme................ 16
Monitoring of the Plan ........................................................................................... 16
Changes from the Plan published in December 2012........................................... 17
Main modification consultation .......................................................................... 17
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Waste Local Plan – further Preferred Approach consultation ............................ 17
Cabinet / Council cycles .................................................................................... 18
Appendix 1 ............................................................................................................... 19
Appendix 2 ............................................................................................................... 20
Appendix 3 ............................................................................................................... 21
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Introduction
Essex County Council (ECC) is the Minerals and Waste Planning Authority for
Essex. It is required by the Planning and Compulsory Purchase Act 2004 (as
amended) to prepare a Minerals and Waste Development Framework (MWDF). The
MWDF is a collection of development plan documents and other documents that
provide the framework for delivering minerals and waste planning policy in Essex.
For many years, ECC’s documents for policy development for minerals and waste
planning were known as the Minerals Local Plan and the Waste Local Plan, the
latest versions of which were adopted in 1996 and 2001 respectively. These are still
the current plans providing the framework for determining planning applications. The
Planning & Compulsory Purchase Act 2004 required us to prepare new policy
documents replacing the Minerals & Waste Local Plans. These documents were to
be known as the Minerals Development Document (MDD) and the Waste
Development Document (WDD), forming part of the MWDF suite of documents.
However, following the change in national government in 2010, a new set of Town &
Country Planning (Local Planning)(England) Regulations came into force in 2012,
and these revert to the former terminology for development documents as Minerals &
Waste Local Plans.
To avoid unnecessary confusion, we shall now refer to these documents as the
Replacement Minerals Local Plan (RMLP) and the Replacement Waste Local Plan
(RWLP) as they continue to progress towards adoption. After this, they will be known
as the Minerals Local Plan and the Waste Local Plan, superseding the current
Minerals Local Plan of 1996 and Waste Local Plan of 2001.
The act also requires every planning authority to prepare a development scheme
which sets out the programme for the preparation of development plan documents.
This document is the Minerals and Waste Development Scheme for Essex. It is a
public statement identifying which Local Development Documents will be produced,
in what order and when. The scheme includes milestones to inform the public and
stakeholders when consultation and other stages in development plan documents’
preparation are to take place. It also serves as a project management tool in relation
to budgeting and resource planning for the authority.
The initial scheme was put forward in April 2005 (and subsequently revised and
published in April 2007, April 2009, March 2010 and December 2012). The scheme
has subsequently been monitored by the County Council and rolled forward to take
account of any changes; particularly those related to the adoption of a new timetable
around Waste Local Plan preparation.
The Essex Minerals and Waste Development Scheme (Fifth Revision) 2014 has
effect from 27th May 2014.
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Reasons for reviewing the development scheme
The Minerals Local Plan was submitted to the Secretary of State on schedule with
the 2012 scheme. However, after the hearings the Inspector requested main
modifications to be made in order in ensure that the Plan was found sound. While
the scope of the main modifications was essentially limited to re-defining some
Preferred Sites as Reserve Sites this necessitated a further round of public
consultation and slippage to the original timetable.
In respect of the Waste Local Plan the last consultation was the Preferred Approach.
This was based on the need to plan for net self- sufficiency and for a proportion of
London’s waste. This is to be met over the plan period through “Plan
Provision/Capacity” site allocations); particularly the three permitted Integrated
Waste Management Facilities (IWMF) as well as generic locational criteria policy.
Unless all three sites are implemented there is a potential shortfall in plan capacity.
The current timetable in the Essex Minerals & Waste Development Scheme 2012
envisaged that Essex and Southend on Sea would go from the Waste Local Plan
Preferred Approach 2011 straight to the Pre-Submission draft.
The Secretary of State has the power to fine Local Planning Authorities who do not
have in place an adopted waste plan which is compliant with the European Union
Waste Framework Directive. However, since the publication of the Preferred
Approach there has been a significant volume of national policy statements,
guidance and legislation, the abolition of regional policy, as well as changes in local
circumstances.
Having been abolished the Regional Spatial Strategies have been replaced by a duty
on Local Planning Authorities (LPAs) to co-operate with other LPAs and Government
bodies. There is an Updated National Waste Management Plan for England December 2013 (NWMPE) and National Waste Planning Policy- Planning for
Sustainable Waste Management - Consultation July 2013.
The changes in national policy and the advent of the National Planning Policy
Framework (NPPF) necessitate greater flexibility in plan provision and strategy to
meet any rapid changes in circumstances, with greater emphasis placed on viability
and deliverability to meet the objectively assessed need. It is considered necessary
to explore additional opportunities to provide the necessary flexibility and competition
to objectively meet the future needs. There remains though a continued urgency to
have up to date policies in place to avoid a ‘plan by appeal’ scenario.
To summarise, the Minerals and Waste Development Scheme:

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Provides a brief description of the Minerals and Waste Local Development
Documents to be prepared and the relationship between them;
Sets out the planned timetable for preparing each development plan document
and the key milestones in the process;
Sets out how progress against the milestones in the local development scheme
will be monitored;
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
Indicates how Sustainability Appraisal (SA) and Strategic Environmental
Assessment (SEA) are integrated into the preparation of the Minerals and Waste
Development Framework (MWDF); and
Indicates how the MWDF will be managed and resourced.
Transitional arrangements
Saving existing plans and policies
As part of the transitional arrangements, all existing Adopted Local Plans and
Structure Plan policies were automatically saved for three years from September
2004, the date of the commencement of the new act. On the 20 September 2007
the Secretary of State issued a direction (under paragraph 1 (3) of schedule 8 to the
Planning and Compulsory Purchase Act 2004) to save all the policies contained in:


The Essex Minerals Local Plan First Review, adopted November 1996; and
The Essex and Southend Waste Local Plan, adopted September 2001
These include all policies (strategic and development management), preferred
sites/areas and proposal maps for minerals and waste in Essex.
A selected number of policies of the Essex and Southend-on-Sea Replacement
Structure Plan were also saved at that time by the Secretary of State. Since that
time, these policies have been revoked.
Minerals and Waste Development Framework Preparation
Content of the Minerals and Waste Development Framework
The Minerals and Waste Development Framework for Essex will consist of:
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the Essex Minerals Local Plan;
the Essex and Southend-on-Sea Waste Local Plan;
the Policies Map for each of the local plans;
the Statement of Community Involvement;
Annual Monitoring Reports.
The NPPF also requires the delivery of a Local Aggregates Assessment. It is not part
of the framework but it is a requirement which will need to be factored into workloads
and for the sake of completeness is included here. There will also be a number of
technical evidence papers and evidence base documents.
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Progress since the 2012 scheme
Since the new planning system came into force in 2004 the Council has completed
the Statement of Community Involvement and has further revised it. After seven
previous public consultations the Replacement Minerals Local Plan: Pre Submission
Draft was submitted to the Secretary of State in July 2013 and subject to an
Examination Public Hearing in November 2013. As a result of provisional feedback
from the Inspector after the hearing sessions a main modification consultation was
undertaken in March – April 2014. It is envisaged that following the Inspector’s
report the Minerals Local Plan will be able to be adopted by the Council.
A Waste Core Strategy, Site Allocations and Development Control Policies Issues
and Options took place in October 2010. The then Waste Development Document
Preferred Approach was consulted upon in November 2011. As a consequence of
the resources then available, the Replacement Waste Local Plan was put on hold
from the start of May 2012. The only piece of work produced since that time has
been the Waste Capacity Gap Report 2013 (currently being updated).
Profiles of Development Plan Documents to be prepared by 2016
Minerals Local Plan
The Replacement Essex Minerals Local Plan comprises the following: combined
Core Strategy; Development Management Policies and Preferred Sites. The local
plan is still in the examination process awaiting the report from the Inspector before
adoption.
Overview
Purpose
Prepared by
Coverage
Conformity
The Minerals Local Plan sets out the
vision, objectives and spatial strategy
for minerals development in the Plan
area up to 2029. It identifies specific
locations for the provision of
aggregates and silica. It also sets out
the key development management
policies that minerals planning
applications will be assessed against.
Essex County Council
The administrative area of Essex
County Council
Earlier stages conformed with relevant
PPGs, PPSs, MPGs and MPSs, and the
SCI. Submission stage onwards:
The Minerals Local Plan will be in general
conformity with the National Planning
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Policy Framework and associated
Planning Practice Guidance, the Localism
Act 2011 and SCI.
Status
Timetable
Stage
Receipt of Inspector’s Report
Adoption
Arrangements for production
Organisational lead
Political management
Internal resources
External resources
External community and stakeholder
involvement
Review
Local Development Document
Dates
June 2014
July 2014
Format / branding to be updated for
publishing.
Director for Operations: Environment
and Economy
Adoption is with Full Council
Primarily the Minerals and Waste
Planning Policy Team. Additional input
may be sought from development
management, place services, highways
and transportation, and non-minerals
and waste policy officers.
Primarily resourced internally. Legal
input will be sourced where necessary.
Notification shall be carried out in
accordance with the Statement of
Community Involvement. Plan with
adoption statement to be forwarded to
the Secretary of State.
The Plan will be monitored, and
reported in Annual Monitoring Reports,
and reviewed in 5 years’ time.
Waste Local Plan
The Essex and Southend-on-Sea Replacement Waste Local Plan comprises the
following: Core Strategy; Development Management Policies and a list of Preferred
Sites. This document will be a joint plan for Essex and Southend-on-Sea. The
proposed timetable for upcoming work for this document can be found in appendix 2.
Overview
Purpose
The Waste Local Plan will set out the vision,
objectives and spatial strategy for dealing
with waste in the Plan area up to 2032. It
identifies locations for the provision of waste
management sites. It also sets out the key
development management policies that
waste planning applications will be assessed
against
Essex County Council and Southend-on-Sea
Borough Council
The administrative area of Essex County
Prepared by
Coverage
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Council and Southend-on-Sea Borough
Council
Conformity
With the National Waste Management
Plan, National Waste Planning PolicyPlanning for Sustainable Waste
Management (draft) and relevant aspects
of the National Planning Policy
Framework and associated Planning
Practice Guidance. Prepared in
accordance with the SCI
Status
Timetable
Stage
Further Preferred Approach consultation
Pre-Submission publicity
Submission to Secretary of State
Examination in Public
Receipt of Inspector’s Report
Adoption
Arrangements for production
Development Plan Document
Dates
6 weeks during January – Feb 2015
6 weeks from October 2015
February 2016
July 2016
October 2016
December 2016
Format / branding to be updated for
publishing.
Director for Operations: Environment and
Economy
Member Panel chaired by the Cabinet
Member for Libraries, Communities and
Planning
Organisational lead
Political management
Internal resources
Primarily the Minerals and Waste Planning
Policy Team. Additional input may be sought
from development management, waste
management teams, place services,
highways and transportation, and nonminerals and waste policy officers.
Use of consultants/external bodies will be
considered throughout the whole process to
provide advice and specialist input that is not
available within the Council eg. Habitats
Regulations Assessment and Strategic Flood
Risk Assessment
Consultation will be carried out in
accordance with the Statement of
Community Involvement
The Plan will be monitored, and reported in
Annual Monitoring Reports
External resources
External Community and Stakeholder
Involvement
Review
Minerals and Waste Policies Maps
Both local plans will contain key diagrams and maps for individual sites for future
development appended to the plans. The maps will show designations such as the
Areas of Outstanding Natural Beauty (AONB) and Green Belt, and the preferred
sites, safeguarded sites and areas of search where required. The policies for future
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minerals and waste development and safeguarding will be included in the
submission documents.
Overview
Purpose
Maps illustrating the policies and proposals
in the Development Plan Documents
Essex County Council and Southend on Sea
Borough Council
The administrative area of Essex County
Council and Southend on Sea Borough
Council
With the Minerals and Waste Local Plans
Sits outside the Development Plan
Document
Linked to the preparation and adoption of
development plan documents
Production process led by the Minerals and
Waste Planning Policy Team
The Policies Maps will be revised as each
new development plan document is adopted
Prepared by
Coverage
Conformity
Status
Timetable
Arrangements for production
Review
Other Mineral and Waste Documents
Supplementary Planning Documents
There are currently no Supplementary Planning Documents. However, since
submission of the MLP several key themes have emerged around delivery of certain
policies. These include how the safeguarding of mineral resources is best served in
the two tier authority of Essex and how the habitat creation target set in the RMLP
Policy S12 can be implemented. How these aspects will be taken forward will be the
subject of a further update to this development scheme at a later date.
Minerals and Waste Planning Annual Monitoring Report
Authorities are required to prepare an Annual Monitoring Report (AMR) to assess
the implementation of the Local Development Scheme and the extent to which
policies in Local Development Documents are being achieved. Essex County
Council has published an AMR on minerals and waste planning every year as part of
the Minerals and Waste Development Framework. This time series has been
expanded to include monitoring of the MWDS and monitoring of the indicators and
targets in the Minerals and Waste Local Plans as they are adopted. The AMR will
contain the relevant information required under the regulations and recent reports
are posted on the Essex County Council website.
An Annual Monitoring Report is useful in showing:
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Policy effectiveness, particularly regarding minerals and waste targets;
The need to review any policies in the light of findings above
The need to review the Local Development Scheme, as a result of monitoring
implications or legislative changes.
The Council is also now required to report how the duty to co-operate is being taken
forward through the Annual Monitoring Report.
Statement of Community Involvement
The Statement of Community Involvement (SCI) explains to local communities and
stakeholders how they will be involved in the preparation of the Minerals and Waste
Development Framework and in the consideration of planning applications and the
steps that the County Council will take to facilitate this.
The SCI was declared to be sound in March 2008. A revised SCI was adopted by
Full Council in October 2009 and again in December 2012.
A further review of the Statement of Community Involvement is necessary in order to
recognise the case management system and changes to planning regulations since
its adoption (particularly in respect to development management procedures). How
this review can be taken forward will be the subject of a further update to this
development scheme at a later date.
Sustainability Appraisal
Section 19 of the act requires Development Plan Documents to be prepared with a
view to contributing to the achievement of sustainable development. Local planning
authorities must also comply with European Union Directive 2001/42/EC that
requires formal strategic environmental assessment of certain plans and
programmes. In order to meet these requirements and ensure that the MWDF
incorporates the aims of Sustainability, Sustainability Appraisal (SA) is fully
integrated into the production of the MWDF documents.
Sustainability appraisal is a process that needs to be started at a sufficiently early
stage in the preparation of each local plan to ensure that the content of the
document is built on sustainable principles, and then continued throughout its
preparation. Given the changes outlined above it is considered necessary to revise
the scoping report before the next Preferred Approach consultation stage. The main
stages of the sustainability appraisal process coincide with the consultation and
participation stages on the local plans.
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The evidence base
Relevant survey and monitoring information is needed to develop a sound evidence
base for the MWDF. This evidence base identifies issues and constraints for site
allocation and policy development. The evidence base consists of existing data and
new research and technical studies. Essex County Council collects information on
and monitors a number of environmental, economic and social indicators already,
but additional information has been and will continue to be collected from
stakeholders, local communities and commercial interests.
As the evidence base builds and individual background and technical reports are
completed, the information is posted on the Council’s website, usually at a
consultation stage in the development of LDDs.
Local Aggregate Assessment
Paragraph 145 of the National Planning Policy Framework (NPPF) requires Mineral
Planning Authorities (MPAs), either individually or jointly by agreement, to produce a
Local Aggregate Assessment (LAA). The role of the LAA is to aid in the
determination of the mineral provision an MPA should set within a minerals planning
area. The LAA is also required to incorporate an assessment of all potential mineral
supply options, including minerals won from the marine environment as well as those
derived from secondary or recycled sources. Following the draft LAA in October
2012 the first LAA was adopted in June 2013. A revised LAA will be prepared
following the reporting back of the Inspector’s report.
Programme for the preparation of the Minerals and Waste Plans
Arrangements for the production of Development Plan Documents
Priorities and resources
The Minerals and Waste Planning Policy Team is supported by the development
management team and other specialist officers who undertake sustainability
appraisal and the strategic environmental assessment.
The Head of the Service will ensure that the necessary budget is allocated to the
Minerals and Waste project to ensure its delivery.
Programme Management and Responsibilities
The Minerals and Waste Planning Policy Team has responsibility for programme
management practices. The use of project management techniques is employed to
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help guide and focus the preparation of plans. This is enabling us to manage the
process more effectively.
Ultimate responsibility for programme management and resources lies with the
Director for Operations: Environment and Economy.
The process for the Waste Local Plan is overseen by a Member-led Project Board
(with Members from both authorities) that monitors progress, checks the status of the
project, takes decisions and resolves issues that are impeding progress.
As part of the joint working with Southend on the Waste Local Plan a Joint Briefing
Panel has been established to consider options and proposals developed by the
Joint Officer Group. It will help to ensure that there is agreement between the two
authorities, before proposals or documents are taken forward for formal agreement
in each authority.
For the MLP and the WLP, an Essex Members’ Panel and Joint Briefing Panel has
been set up respectively. These panels consist of Members who meet to discuss the
MWDF. Meetings are not held at regular intervals; instead they are informal, taking
place when the Portfolio holder and officers would like advice on emerging issues
and topics within the MWDF.
Council procedures
The Cabinet is the key decision-making body of the County Council. The Cabinet
Member for Libraries, Communities and Planning, who has political responsibility for
minerals and waste planning, will present development plan documents to the
Cabinet (in line with Council procedure). A full Council resolution will be sought for
approval at the final proposed submission document stage, after which
representations on soundness will be sought, and subsequently on adoption of
development plan documents.
Joint working
Work on the WLP is being conducted jointly with Southend-on-Sea Borough Council,
an arrangement that was formally approved by both Councils in March 2009.
Risk assessment
In preparing this Development Scheme consideration has been given to potential
risks that might impact on preparation of the framework. These risks include, but are
not limited to;
Risk/Issue
Fines The EU is expecting the UK to
have detailed plans for waste
management in all areas and there is a
Mitigation
It is unclear what would constitute a suitable plan
and when any fines might be applied. Legal
opinion has been sought on how vulnerable
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risk of fines being imposed if the plans
are not in place.
Personnel - Availability of experienced
personnel / key staff may leave or
become unavailable due to long term
sickness.
Essex and Southend are in the light of the saved
plans in place. Decision is to proceed at an
appropriate pace to complete the plan process
The team structure was recently re-organised to
make corporate savings but also while reflect the
work programme goals.
We will develop succession plans to ensure there
is cover.
We will ensure all processes are documented
and records are up to date.
We will devise an internal action plan to involve
other ECC planning staff at times of pressure
(including carrying out any necessary training in
readiness).
Decision Making - The process is most
complex with the waste documents
where approval of the documents need to
take place within both Councils at a
similar time.
Project management techniques (including the
need to avoid relevant Pre-Election Periods) and
the use of the joint members panel can mitigate
this issue.
Soundness - Inspectors may reject the
plans as ‘unsound’ at the EIP stage due
to misunderstanding of the latest
processes and guidance
We will invite PINS to advise us before delivery of
our submission document. We will take
advantage of any training and support provided
by PAS. We will regularly seeking advice and
guidance to secure the soundness of emerging
documents.
During examination ECC remains proactive in
responding to the Inspector’s concerns as
demonstrated in the recent MLP Proposed Main
Modification consultation.
Where any apparent issues arise, e.g.,
implementation / delivery, the use of
supplementary planning documents / guidance
will be considered as a tool to address with any
associated changes to this Development Scheme
being made accordingly.
Duty to Co-operate – Adjoining
authorities may refuse to export minerals,
process their own waste or accept the
need for specialist strategic waste
facilities.
Officers participate in relevant national and subnational forums e.g., aggregate working parties,
and have industry and district / borough
stakeholder groups in place.
Officers are actively engaging key authorities to
gain support and/or address any concerns
through Duty to Co-operate.
We will seek short term support from other parts
of the planning team.
We will use external consultants to help deal with
any backlog.
We need to maintain regular contact with
authorities to identify any likely changes and
incorporate them or highlight where we cannot
and determine whether or not to trigger a review
of the Plan.
This is demonstrated by ECC seeking a further
consultation stage associated with the WLP.
We will develop detailed plans to support the
resource and funding requirements.
We will keep expenditure against allocated
Community Engagement - Issues of
concern and the scale of response may
influence the programme.
Changes to Legislation - There may be
changes to legislation, national and
regional policy statements and guidance.
Funding - There may be insufficient
funding or resources allocated to the
MWDF project.
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Delays in delivery of external
assessments External consultants may
be in demand and therefore may not be
immediately available to carry out work
for which the Councils unequipped to
carry out themselves
Delays or slippages in gathering data
for the evidence base.
The Capacity of Outside Agencies Key
external agencies may not be able to
respond quickly to consultations.
Provision of information by key
stakeholders and organisations
Key external agencies may not be able
to provide information sufficiently quickly
Legal challenge - Delays to the LDF
timetable because of High Court
challenges
Programme Slippage
Delays to the LDF timetable
Local Authority waste procurement
New materials and energy recovery
facilities for MSW (brought forward as a
result of waste procurement) may be:
1. Brought forward in advance of the
adoption of the Waste Local Plan
2. Any facility developed could be
intended to manage waste received from
outside the Plan area boundaries
resources under constant review.
Discuss the timing of work with external
consultants as early as possible so as to prevent
delays arising from clashes i.e. the workload of
consultants. We will agree plans with suppliers
when contracts are let and monitor progress
against the plan.
We will ensure those providing the data are given
early warning of (and comply with) the
requirements and deadlines.
Engage external agencies as early as possible in
the LDF process.
Engage external agencies as early as possible in
the LDF process.
Legal input will be sourced where necessary.
Such challenges will be minimised by extensive
work to ensure that the Minerals and Waste Local
Plan is 'Sound', and prepared in accordance with
relevant legislation and regulations.
The development of a robust evidence base, as
well as a well audited stakeholder and community
engagement exercises at each stage of the
public consultations undertaken.
Each stage of the preparation of the Plan will be
subject to project planning.
All Plans will be subject to regular review related
to the circumstances at that time. The timing of
each stage of work will need to be flexible to take
into account changes in circumstances, such as
European or UK Policy.
The MWDS will allow for changes to the
Development Plan Documents, or the preparation
of additional evidence, to take place before key
stages, such as Submission to the Secretary of
State, and the eventual adoption by the
Council(s).
The PINS document 'Soundness Self
Assessment Toolkit' will be utilised to ensure the
Plan is sound before it is submitted to the
Secretary of State.
Firstly maintain awareness of the state of
progress of MSW procurement.
Secondly, allow flexibility in respect
of the need to consider new or additional
strategic sites for management of MSW,
triggered by new suggestions for strategic sites.
Thirdly develop a clear approach concerning
facilities intended to receive cross boundary
movements of waste and a Sustainability
Appraisal of the implications of alternative
options.
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Constraints
The project is constrained by the following factors:



Approvals and announcements will need to fit into the political schedule
including Cabinet and Council meetings (of both ECC and SBC for the WLP);
The project must be consistent with national and local policy and plans; and
The project must conform to adopted governance procedures introduced
(within Essex)
Dependencies
The project is dependent in particular on the following:




Planning Inspectorate (PINS) to provide Inspectors to undertake the
Examination in Public and to complete the process in the published
timescales;
Receiving representations from all parts of the community that will help
formulate the plans;
The quality of data available to provide a sound evidence base on which to
base the plan; and
Regular reviews and updates of the dates and milestones of the project
Examination
All development plan documents are submitted to the Secretary of State for
independent examination. The WLP is due to be submitted in February 2016
dependent on ECC and SBC cycles. The County Council will liaise closely with the
Planning Inspectorate on a detailed timetable as the document nears the submission
and examination stages.
Monitoring and review of the Minerals and Waste Development
Scheme
Monitoring of the Plan
As previously identified an Annual Monitoring Report will be prepared to monitor
implementation of the MWDS. In relation to the scheme it will:

Assess the timetable specified in this scheme for preparation of each document.
It reports on the progress made and whether the authority has met targets and
milestones or is on schedule to do so. The report sets out where the authority has
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
fallen behind or will not meet targets, the reasons behind this and what steps will
be taken to address these problems. The authority will also indicate if it is
necessary to amend the Local Development Scheme in the light of this
assessment;
Monitor the extent to which policies in the MWDF are being achieved and any
policy areas where change is needed; and
Identify any significant changes to the evidence base which might affect the
Plans.
Changes from the Plan published in December 2012
The timetable published in December 2012 has been revised to factor in the
progress achieved in Mineral Local Plan preparation and also the changes
considered necessary to ensure the Waste Local Plan is both realistic and in full
compliance with the latest legislation and guidance. It has also been reviewed to
ensure it fits with the Council’s governance processes and is sufficiently resourced
and funded.
Updates to the programme Statement of Community Involvement and potentially
Supplementary Planning Documents are pending. A decision to proceed will take on
board the Inspector’s report findings to the MLP.
The following reflect some of the key reasons for change:
Main modification consultation
Following the examination hearing sessions the Planning Inspector advised that
unless main modifications were undertaken the MLP would be found unsound. This
necessitated a further six-week public consultation and subsequent time processing
consultation responses which wasn’t previously factored in.
Waste Local Plan – further Preferred Approach consultation
Given the delays to the WLP, referred to in the Local Development Scheme, the time
elapsed since the WDD Preferred Approach has resulted in a number of significant
changes to national policy and guidance and the abolition of regional policy. In
respect of the Duty to Co-operate there are envisaged to be as many as seventy
separate authorities that must be engaged.
Further, it is necessary to build in a previously unplanned consultation on the WLP to
ensure the Plan will likely be considered sound during its Examination in Public. It is
envisaged that this additional consultation stage will add almost a further year to the
overall WLP schedule. A significant amount of additional evidence base work is
required taking on board new data. In addition, a six-week consultation and an
accurate analysis of the responses to it is required.
17
Cabinet / Council cycles
Approvals and announcements need to fit into the political schedule including
Cabinet and Council meetings. For example a three week delay could lead to
missing the allotted Cabinet meeting for approval and the next meeting might not
take place for 2-3 months, leading to a much larger delay for the document approval
and consultation. The potential for problems is greatest with the waste documents
where approval of the documents needs to take place within both Councils at a
similar time. This can cause timetabling issues as the two authorities’ Cabinet /
Council cycles differ.
This document may be found on the Council’s website: www.essex.gov.uk
18
Appendix 1
Diagram of the Minerals and Waste Development Framework
DISTRICT /
BOROUGH
PLANNING
AUTHORITIES
DISTRICT / CITY
/ BOROUGH
LOCAL PLANS
STATEMENT OF
COMMUNITY
INVOLVEMENT
(SCI)
ESSEX COUNTY COUNCIL
MINERALS AND WASTE PLANNING
AUTHORITY
MINERALS
LOCAL PLAN
(MLP)
Comprising:
 Core strategy
&
Development
Mgt. Policies,
Site
Allocations
WASTE LOCAL
PLAN (WLP)
Comprising:
 Core strategy
&
Development
Mgt. Policies,
Strategic Site
Allocations
 Policies Map
THE MINERALS
AND WASTE
DEVELOPMENT
SCHEME
(MWDS)
The timetable
for document
production
MINERALS AND
(None
proposed)
DEVELOPMENT
 Are we keeping
to our
timetable?
 Are policies
effective?
 Is the
community well
WASTE
FRAMEWORK
SUPPLEMENTAR
Y PLANNING
DOCUMENTS
 Essex Minerals Local Plan Adopted First
Review
 Essex and Southend Waste Local Plan
THE DEVELOPMENT PLAN
Applications for Planning Permission must be
determined by reference to these documents
ANNUAL
MONITORING
REPORT
THE ESSEX
ACTION AREA
PLANS
SAVED PLANS / POLICIES
DISTRICT /
BOROUGH
LOCAL PLANS
How to be
involved with
the Planning
process.
Potential
review
LOCAL
DEVELOPMENT
ORDERS (LDOs)
(None
proposed)
19
SIMPLIFIED
PLANNING
ZONES (SPZs)
SUPPLEMENTARY
PLANNING
GUIDANCE
Appendix 2
Timetable including key milestones (Core Strategy)
Key Stages
Further
consultation
Minerals Local Plan Latest
Dates
Main modification
consultation closed.
Submission
document –
sign off
Waste Local Plan Latest
Dates
Further Preferred Approach
Consultation – Jan to Feb
2015.
July to Aug 2015
PreSubmission
document engagement
Six weeks around October
2015
November 2015 to Dec 2015 –
processing responses
Submission
to Planning
Inspectorate
Pre-hearing
Examination
in Public
Inspector’s
Report
February 2016
Formal
adoption
May 2016
July 2016
Not before June 2014
October 2016
Not before July 2014
Not before December 2016
20
Appendix 3
Glossary of Terms/Abbreviations
Annual Monitoring Report
(AMR)
Essex County Council (ECC)
Development Plan
Document (DPD)
Local Development
Document (LDD)
Local Plan (MLP & WLP)
Minerals Local Plan (MLP)
Minerals and Waste Core
Strategy (MWCS)
Minerals and Waste
Development Framework
(MWDF)
Minerals and Waste
Development Scheme
(MWDS)
Minerals and Waste Local
Development Documents (MWLDDs)
National Planning and Policy
Framework (NPPF)
A statutory document submitted to
Government and published at the end
of each year which monitors the
progress of document preparation
against the Local Development
Scheme milestones and progress in
meeting the objectives set in the
Framework.
The authority for minerals and waste
planning within Essex
Minerals & Waste documents within the
MWDF which form the statutory
development plan.
These take two forms : DPDs and
SPDs (see separate entries)
‘Old style’ local plans for minerals
(MLP) and waste (WLP) that will be
gradually replaced by the ‘new style’
DPDs.
The Essex Minerals Plan
Will set out the County Council’s vision,
objectives & spatial strategy for
Minerals and Waste. It will contain a
statement of strategy and, as
appropriate, a set of primary policies
and proposals for delivering the Core
Strategy and an illustrative key
diagram.
The portfolio of documents that
together provide the framework for
delivering the spatial planning strategy
for minerals & waste.
The project plan setting out the County
Council’s programme and timetable for
the documents it intends to prepare for
inclusion in the MWDF.
The Local Development Framework is
like a folder containing minerals and
waste planning documents known as
Local Development Documents. Once
adopted, these documents will replace
the saved Minerals and Waste Local
Plan policies.
Published on 27 March 2012. This is a
reform to make the planning system
less complex and more accessible, to
protect the environment and to promote
21
sustainable growth.
The Planning Inspectorate
(PINS)
Southend-on-Sea Borough Council
(SBC)
Statement of Community
Involvement (SCI)
Strategic Environmental
Assessment (SEA) &
Sustainability Appraisal
(SA)
Supplementary Planning
Document (SPD)
Waste Local Plan (WLP)
The Government agency responsible
for programming and conducting the
Independent Examination of DPDs.
The Inspectors’ reports will be binding
on the County Council.
The authority for minerals and waste
planning within Southend. Council are
working in partnership with Southendon-Sea to produce a joint Waste Local
Plan
Sets out the Council’s policy for
involving the community and other
stakeholders in the preparation and
revision of mineral and waste DPDs
and the development management
process. The SCI is not a Development
Plan Document.
A formal process that analyses and
evaluates the environmental effects of
a plan or programme.
Provides greater detail on the policy
within a DPD. They are not subject to
independent testing (examination) but
are subject to consultation and, where
necessary, sustainability appraisal.
SPDs do not have development plan
status.
The Essex and Southend-on-Sea
Waste Plan
22
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