Advice to SLR Consulting Ltd
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- From
- SLR Consulting Ltd
- Date advice given
- 30 September 2010
- Enquiry type
We are a consultancy working on a planning application at Hoo Island in the Medway Channel. The Island has a long standing permission for the deposit of dredged material and engineering material.
The client is now proposing the following developments at the Island; ·Continue to import non-hazardous dredgings for disposal and non-hazardous inert waste for engineering, landfilling and recovery purposes;
·Begin to import non hazardous and at some point in the future hazardous waste (i.e. residual soils from Chatham Dock Soil Treatment Centre) for landfilling;
·Construction of an up to date jetty;
·Identification and allocation of cells for dredged material and cells for landfilled material;
·Clay lining of those landfill cells identified for non hazardous and/or hazardous materials deposit ;
·Site separation of extraneous materials (e.g. wood, plastic, metal etc) from the general waste stream and disposal at an alternative facility; and
·Restoration of site to nature conservation.
Medway Council, who normally deal with waste related planning applications have suggested that I contact you to confirm whether the planning application for the above should be submitted to Medway, or the IPC. Please could you provide advice on this matter?
Advice given
The advisory service we provide is primarily concerned with procedural aspects of the new planning regime and as you may appreciate, it is outside of our remit to advise if this proposal is a Nationally Significant Infrastructure Project (NSIP). We therefore suggest that, if you have not already, your organisation obtains its own legal advice on this matter. To aid you in your decision, I highlight below the provisions within the Planning Act 2008 (the Act) which should be taken into account and some questions which your legal advisor may wish to consider.
Firstly, does the construction of this facility comprise a NSIP under s14 (Nationally significant infrastructure projects: general) of the Act?
The next question to consider is if the works proposed fall within s30 (Hazardous waste facilities) of the Act?
Additionally I note your reference to a jetty. I would draw your attention to s24 which relates to harbour facility NSIP thresholds.
I trust this information has been of use when applying the thresholds within the Act to your detailed knowledge of the proposed scheme.