- Draft legislation
This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Waste (England and Wales) Regulations 2011 No. 988
20.—(1) A planning authority must not grant planning permission or development consent for a landfill unless it has taken into consideration the requirements of—
(a)paragraph 1.1 of Annex I to Council Directive 1999/31/EC on the landfill of waste(1);
(b)paragraph 5 of that Annex, but only in respect of nuisances and hazards arising from traffic beyond the site of the landfill.
(2) A mineral planning authority must not grant planning permission for a mining waste facility to which Article 7 of Directive 2006/21/EC of the European Parliament and of the Council on the management of waste from extractive industries(2) applies unless it is satisfied that—
(a)the operator of that facility will meet the requirements of Article 11(2)(a) of that Directive; and
(b)the management of waste at that facility will not conflict directly or otherwise interfere with the implementation of the plans referred to in Article 7(3)(b) of that Directive.
(3) In this regulation—
“landfill” has the meaning given in Article 2(g) of Directive 1999/31/EC, but does not include any operation excluded from the scope of that Directive by Article 3(2);
“mining waste facility” means a “waste facility” as defined in Article 3(15) of Directive 2006/21/EC, but does not include those facilities mentioned in Article 24(2) or in the first paragraph of Article 24(4).
OJ No L 182, 16.7.1999, p1, as last amended by Directive 2008/98/EC (OJ No L 312, 22.11.2008, p3).
OJ No L 102, 11.4.2006, p15, as amended by Regulation (EC) No 596/2009 (OJ No L 188, 18.7.2009, p14).
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