Cornwall Council Briefing 1

Briefing for the Leader, the Cabinet, Local members to St.Dennis, the Waste Panel and other interested Members

1. PURPOSE OF REPORT

• To provide a background to the development of waste management in Cornwall;
• To note the Contractual requirements following the recent decision by Cornwall County Council’s Planning Committee to refuse planning permission for the proposed site at Parkandillick;                                               

2. BACKGROUND
The existing strategy for waste management in Cornwall is embedded in the Waste Local Plan 2002.  The development for all waste management facilities in Cornwall should accord with this plan.  The Waste Local Plan was formulated following extensive research into waste management techniques, technical performance, cost of options and thorough environmental assessment.  This Plan was subject to a Public Local Inquiry which was led by an independent inspector.  The plan sets out the vision for waste management in Cornwall as follows: “To reduce the quantities of all waste arisings in Cornwall requiring disposal to the lowest practicable level, through greater minimisation and re-use.  Where minimisation or re-use is not viable or practicable the next goals should be to compost or recycle materials.  Further value in terms of energy from waste and heat should then be recovered through an energy from waste plant with bottom ashes being recycled for aggregate purposes.  Landfill will remain the principle
waste management technique until alternative techniques can be provided and in the longer term for residues from which value cannot be recovered.  In all cases waste management techniques will be sought which, having had regard to economic and environmental sustainability, are aimed at minimising impact on environmental quality and local amenity and are not harmful to human health”. The Waste Local Plan gained Member approval in 2002.  The Waste Local Plan underpins the procurement of the new long-term contract for the delivery of an integrated waste management system.  In 2003 Member approval was gained for procurement of the Integrated Waste Management Contract (IWMC), to deliver the aims of the waste Local Plan.  The structuring of the procurement was such that the technical specification was left open in order that bidders could identify technologies that would provide the best practical environmental option.  The two preferred bidders submitted plans for single combined heat and power plants.  This confirmed the conclusion of the Waste Local Plan that a single combined heat and power plant would provide the best environmental option. In 2006 the Member approval was obtained identifying SITA Cornwall as the Preferred Bidder and the IWMC was signed. In November 2006 SITA began their £159m investment programme in the Contract infrastructure with several Household Waste Recycling Centres (HWRCs) being refurbished and new HWRC’s and refuse Transfer Stations being constructed.  Material Reclamation Facilities (MRFs) were refurbished and expanded.  The existing landfills of United Mines and Connon Bridge were brought up to the required operational standards.  In March 2008 SITA applied for planning permission for the Combined Energy Recovery Centre (CERC); this was refused in March 2009.

The Contract contains specific provision in the event of the refusal to grant planning permission by the Waste Planning Authority.   This contractual provision requires the Authority and SITA to jointly instruct leading Counsel to give a view as to the merits of an appeal.  If leading counsel advises that the appeal has a reasonable prospect of success or the parties agree to appeal without leading counsel’s opinion, SITA must obtain the prior written consent of the Authority before launching an appeal. The Authority has to act reasonably and consult SITA in coming to its decision.  However, the direction by the Authority not to appeal does not prevent SITA carrying on with an appeal.

Of significance in the above is that the Authority has to act reasonably in coming to its decision to provide written consent to institute proceedings, and is not entitled to withhold its consent or delay giving its consent unreasonably.  If the Authority does withhold consent and that decision causes the eventual termination of the Contract, SITA may argue that the Authority has caused the termination.

Leading Counsel has given an opinion that there is merit in appealing against the Waste Planning Authority’s decision and that there would be a reasonably good prospect of success on an appeal.  On the basis of this opinion, the Authority has permitted SITA to commence an appeal.

The Cabinet have requested that further options for waste management be investigated and that a Waste Development Panel be set up to guide and consider these investigations. The waste panel has been constituted and started work and will review the waste treatment alternatives during the 9 month appeal period so that informed decisions can be made when the appeal is complete.