The Waste (England and Wales) Regulations 2011

Further duties in relation to planning permissionU.K.

This section has no associated Explanatory Memorandum

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 [F1the Landfill Directive];

(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 [F2Mining Waste Directive] 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 [F3the Landfill Directive], but does not include any operation excluded from the scope of that Directive by Article 3(2) [F4or (3)];

“mining waste facility” means a “waste facility” as defined in Article 3(15) of [F5the Mining Waste Directive], but does not include those facilities mentioned in Article 24(2) or in the first paragraph of Article 24(4).

Textual Amendments