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Replacement Waste Local Plan

23 June 2017

The Councils have received the final report from the Inspector, Mrs Kath Ellison, who has carried out the independent examination of the Waste Local Plan. She issued the report following the examination hearing sessions that were held in September and October 2016 and after considering the representations that were made on the council’s proposed modifications to the plan. It is available below.  The Inspector recommends main modifications to the Plan, and finds that, with these modifications, the Plan satisfies the legal requirements and meets the criteria for soundness.  The Inspector confirms that the duty to co-operate has been met in the preparation of the Plan and the requirements for sustainability appraisal.
 
 
The Councils can now proceed to adoption of the Waste Local Plan. Following consideration by Cabinet on 20 June, the full Council will consider the Plan at the meeting on 11 July 2017. Southend-on-Sea Borough Council will undertake a similar process later in the summer in line with their cabinet and council meeting timetable.
 
On Friday 10 June 2016 Essex and Southend-on Sea Councils submitted their Replacement Waste Local Plan to the Secretary of State for independent examination. Public hearings into the Essex and Southend-on-Sea Replacement Waste Local Plan adjourned on 7 October 2016 and the two councils made a request to the Inspector to make several modifications to the Plan which would make it suitable for adoption. The Schedule of Modifications, the Addendum to the Site Assessment & Methodology Report and the Addendum to the Sustainability Appraisal have been subject to consultation which closed on 16 February 2017.
 
All representations received through this consultation have now been submitted to the Inspector and is available below (MC4). A report drawing the key issues from this and providing a response from the Waste Planning Authorities has been submitted alongside the schedule of all representations and is available below (MC5).
 
 
It was anticipated that the Inspector would issue her Examination Report in April 2017; however the Planning Inspectorate has confirmed that the report will not be issued until the end of May at the earliest.  Given the timing of Cabinet and full Council meetings of the two Authorities, consideration of the Inspectors recommendations and any decision regarding adoption of the Waste Local Plan may not occur until Autumn 2017.
 
Evidence Documents 
The modification documents, examination documents, submission documents and supporting evidence base can be viewed and downloaded using the links in the box below:

 

 
Please note, as the examination progresses the examination library will be updated with documents and information as necessary.
 
In accordance with Section 22 of the Town and County Planning (Local Development) (England) Regulations 2012, the documents submitted and the entire examination library are available to view at the following locations:
  • Online (on both ECC’s and SBC’s website)
  • At County Hall, Chelmsford from Monday to Friday between 9am and 5pm by appointment via mineralsandwastepolicy@essex.gov.uk or 03330 139 808.
  • At the Civic Centre, Southend from Monday to Friday between 9am and 5pm by appointment via debeeskinner@southend.gov.uk or 01702 215408.
 
Paper copies of the submitted Plan and the Policies Map are also available to view at:
  • Essex district, borough and city council offices – please contact direct for opening hours
  • Essex and Southend-on-Sea libraries – please contact direct for opening hours (Please note that free internet access to the full suite of submission and evidence documents is available at these libraries).

 

Examination in Public
The examination of the Plan will continue until the Inspector issues her final report, which is expected in Spring 2017, once the Inspector has considered all of the comments on the modifications. 
 
Appointment of Inspector
In accordance with section 20 of the Planning and Compulsory Purchase Act 2004 (as amended) Inspector Kath Ellison BA MPHIL MRTPI has been appointed to conduct the examination to determine whether the Replacement Waste Local Plan is sound.
 
Programme Officer
The examination process is administered by the Programme Officer, Claire Jones-Hughes. Mrs Jones-Hughes is independent from the Councils, and reports directly to the Inspector. Any correspondence or queries relating to the Examination should be directed towards the Programme Officer:
 
Address:  Banks Solutions (Brighton), 6 Brading Road, Brighton, BN2 3PD
Email: bankssolutionsuk@gmail.com Tel: 01273 381518 / 07737 786 425
 
For further information relating to the Replacement Waste Local Plan itself, please contact the Waste Planning Team on 03330 139 808 during office hours, Monday to Friday or email: mineralsandwastepolicy@essex.gov.uk
 
MODIFICATIONS CONSULTATION DOCUMENTS
 
Includes documents which formed the Modifications Consultation
Please note – Once open, to view the document in a landscape format please rotate it by selecting ‘rotate clockwise’ from the toolbar or when you right click your mouse.
 
 
INSPECTOR'S EXAMINATION DOCUMENTS  
The information in this category is produced by the Inspector and includes agendas, reports, the examination programme etc:
 
 
COUNCIL EXAMINATION DOCUMENTS  
Includes information and documents added to the examination evidence base post submission, as requested by the Inspector:
 
 
RESPONDENTS' EXAMINATION DOCUMENTS  
Includes information from Pre-Submission engagement respondents, received by Essex County Council post submission:
 
 
STATEMENT OF COMMON GROUND DOCUMENTS 
Statements of Common Ground which have been agreed after the Submission of the Replacement Waste Local Plan 
 
 
CORE DOCUMENTS 
 
Documents submitted to the Secretary of State:

CD 1 - Replacement Waste Local Plan Pre-Submission Draft - March 2016

CD 1A - Pre-Submission Draft Appendix A - Policy Context - March 2016 

CD 1B - Pre-Submission Draft Appendix B - Allocated Sites - Development Principle - March 2016 

CD 1C - Pre-Submission Draft Appendix C - Development Excluded from Safeguarding Provisions - March 2016

CD1D - Pre-Submission Draft Appendix D - Summary of Site Identification and Assessment Methodology - March 2016

CD1E - Pre-Submission Draft Appendix E - Areas of Search - Development Principles Part 1 - March 2016

CD1F - Pre-Submission Draft Appendix E - Areas of Search - Development Principles Part 2 - March 2016

CD1G - Pre-Submission Draft Appendix F - Glossary - March 2016

CD1H - Pre-Submission Draft Appendix G - Roles and Responsibilities - March 2016

CD1I - Pre-Submission Draft Appendix H - Policy Schedule - March 2016

CD 3 - Submission Policies Map - June 2016

CD 4 - Sustainability Appraisal & Strategic Environmental Assessment - Environmental Report - February 2016

CD 4A - Sustainability Appraisal & Strategic Environmental Assessment  - Environmental Report Annex A (Plans and Programmes)-  February 2016

CD 4B - Sustainability Appraisal & Strategic Environmental Assessment - Environmental Report  Annex B (Baseline Information) - February 2016

CD 4C - Sustainability Appraisal & Strategic Environmental Assessment - Environmental Report  Annex C (Sustainability Framework and Site Pro Forma) - February 2016

CD 4D - Sustainability Appraisal & Strategic Environmental Assessment - Environmental Report  Annex D (Audit trail of Alternatives) - February 2016

CD 4E - Sustainability Appraisal & Strategic Environmental Assessment - Environmental Report  Annex E (Consultation Responses) - February  2016

CD 4F - Sustainability Appraisal & Strategic Environmental Assessment - Environmental Report  Annex F (Quality Assurance Check-list) - February 2016

CD 5 - Sustainability Appraisal & Strategic Environmental Assessment - Environmental Report Non-Technical Summary - February 2016

CD 6 - Statement of Consultation Regulation 22 (1) (C) - June 2016

CD 7 - Public Notice - Submission of Replacement Waste Local Plan

CD 8 - Schedule of all representations received at Pre-Submission Draft Engagement stage - June 2016

 
SUPPORTING DOCUMENTS 
Information within these documents has contributed towards the preparation of the Replacement Waste Local Plan:
 

SD 1 - ECC Minerals and Waste Development Scheme - May 2016

SD 2 - SBC Local Development Scheme 2015

SD 3 - ECC Statement of Community Involvement - September 2015

SD 4 - ECC Statement of Community Involvement - December 2012

SD 5 - ECC Statement of Community Involvement - October 2009

SD 6 - SBC Statement of Community Involvement - 2013

SD 7 - SBC Statement of Community Involvement - 2009  

SD 8 - Minerals and Waste Annual Monitoring Report: 1 April 2014 to 31 March 2015

SD 9 - Equality Impact Assessment on the Replacement Waste Local Plan Pre Submission Draft - March 2016  

SD 10 - Duty to Cooperate Report - June 2016

SD 11 - Duty to Cooperate Report - March 2016

SD 12 - Duty to Cooperate Report - October 2014 (published June 2015)

SD 13 - Habitat Regulations Assessments - January 2016

SD 14 - Habitat Regulations Assessments - Schedule of Recommendations 2015 & 2016 - January 2016

SD 15A - Strategic Flood Risk Assessment December 2015 - Part A

SD 15B - Strategic Flood Risk Assessment December 2015 - Part B

SD 15C - Strategic Flood Risk Assessment December 2015 - Part C

SD 15D - Strategic Flood Risk Assessment - Figure 1  (Main Rivers and HFM) - December 2015

SD 15E - Strategic Flood Risk Assessment - Figure 2  (Flood Map) - December 2015

SD 15F - Strategic Flood Risk Assessment - Figure 3  (Upated flood map for surface water) - December 2015

SD 15G - Strategic Flood Risk Assessment - Figure 4  (Areas susceptible to ground water flooding) - December 2015

SD 15H - Strategic Flood Risk Asssessment - Figure 5  (Sewer flooding records) - December 2015

SD 15I - Strategic Flood Risk Assessment - Figure 6  (Flood warning areas) - December 2015

SD 16 - Site Assessment, Methodology and Selection Report - Pre Submission Draft - December 2015

SD 16A - Site Assessment, Methodology and Selection Report - Pre Submission Draft - Proformas A - December 2015

SD 16B - Site Assessment, Methodology and Selection Report - Pre Submission Draft - Proformas B - December 2015

SD 16C - Site Assessment, Methodology and Selection Report - Pre Submission Draft - Proformas C - December 2015

SD 16D - Site Assessment, Methodology and Selection Report - Pre Submission Draft - Proformas D - December 2015

SD 16E - Site Assessment, Methodology and Selection Report - Pre Submission Draft - Proformas E - December 2015

SD 16F - Site Assessment, Methodology and Selection Report - Pre Submission Draft - Proformas F - December 2015

SD 17A - Areas of Search Report - December 2015

SD 17B - Areas of Search Proformas Compendium - December 2015

SD 18A - Outcomes Report: Revised Preferred Approach - December 2015

SD 18B - Outcomes Report: Site Assessment and Methodology - December 2015

SD 18C - Outcomes Report: Areas of Search Assessment and Methodology - December 2015

SD 19A - Waste Water Treatment Paper - June 2014 - Part A

SD 19B - Waste Water Treatment Paper - June 2014 - Part B

SD 19C - Waste Water Treatment Paper - June 2014 - Part C

SD 20 - Topic Paper 1 -  Waste Capacity Gap Update - December 2015

SD 21 - Waste Capacity Gap Report - September 2014

SD 22 - Waste Capacity Gap Report - Addendum November 2014

SD 23 - Waste Capacity Gap Report Non-Technical Summary - February 2015

SD 24 - Topic Paper 2  - Other Land Investigation - December 2015

SD 25 - Essex Minerals Local Plan - July 2014

SD 26 - Essex Minerals Local Plan - Policies Map - July 2014

SD 27 - ECC Cabinet minutes - February 2016

SD 28 - SBC Cabinet minutes - January 2016

SD 29 - Soundness Self-Assessment Checklist

SD 30 - Legal Compliance Checklist

SD 31 - Matrix of Internal Consistency - June 2016

SD 32A - Sustainability Appraisal & Strategic Environmental Assessment - Scoping Report -February 2015

SD 32B - Sustainability Appraisal & Strategic Environmental Assessment - Scoping Report - Annex A Plans and Programmes - February 2015

SD 32C - Sustainability Appraisal & Strategic Environmental Assessment - Scoping Report - Annex B Baseline Information - February 2015

SD 33 - Planning for Waste Management Facilities - A Research Study, ODPM, 2004

SD 34 - Review of deliverability constraints associated with the use of industrial estates for waste management facilities - October 2014

SD 35 - Statement of Representations Procedure for Pre Submission Draft - March 2016  

 

PREVIOUS WASTE LOCAL PLAN CONSULTATION DOCUMENTS 
This category includes the main Replacement Waste Local Plan documents which were consulted on throughout each stage of the plan preparation process, including the Issues and Options, Preferred Approach, Revised Preferred Approach and Additional Site Consultation stages:

PWP 1 - Waste Development Document - Issues and Options Paper - October 2010

PWP 2 - Waste Development Document - Issues and Options Errata & Classfications - October 2010

PWP 3 - Waste Development Document - Preferred Approach - November 2011

PWP 4 - Waste Development Document - Preferred Approach Appendices A to C - November 2011

 
NATIONAL POLICY & GUIDANCE DOCUMENTS  
These documents include policy statements, reports and guidance that are or have been relevant to the waste plan preparation process in England:
 
 
WASTE PLANNING AUTHORITY DOCUMENTS    
These documents include Essex County Council and Southend on Sea Borough Council’s plans and strategies that have been relevant to the preparation of the Replacement Waste Local Plan: