Medway Local Plan (Regulation 18, 2024)

12.1 Introduction

12.1.1 Medway Council is the Waste Planning Authority (WPA) responsible for waste planning policy and for determining planning applications related to the management of waste in Medway. The Council is also responsible for the collection and management of waste produced by households.

12.1.2 The Minerals and Waste Topic Paper and Waste Needs Assessment (WNA) sets out further background information on waste generation, management, and requirements for Medway.

Policy context

12.1.3 The National Planning Policy for Waste 2014 (NPPW) and national Resources and Waste Strategy for England 2018 (RWS) require application of the Waste Hierarchy in priority order as one of the key principles of sustainable waste management.^[161],[162] The 'Waste Hierarchy' identifies different ways of dealing with waste as set out in Figure 11 below. This shows that 'Prevention' is the most preferred option with 'Disposal' at the bottom being the option of last resort.

Figure 11: The Waste Hierarchy^[163]

Waste movement and net self sufficiency

12.1.4 NPPW requires waste planning authorities to: 'plan for the disposal of waste and the recovery of mixed municipal waste in line with the proximity principle, recognising that new facilities will need to serve catchment areas large enough to secure the economic viability of the plant;'.

12.1.5 The proximity principle requires mixed municipal waste collected from private households to be disposed of, or be recovered, in one of the 'nearest appropriate installations'. This is to be achieved by establishing an integrated and adequate network of installations (facilities) for disposal and recovery of mixed municipal waste collected from private households. The requirement extends to similar types of waste collected from non-household sources.

12.1.6 NPPW requires Waste Planning Authorities to include strategic policies in their development plans setting out an overall strategy for the pattern, scale and quality of waste development, and to make sufficient provision for infrastructure for waste management, and energy that may be produced (including heat).

12.1.7 The WNA completed in 2024 for Medway shows that varying quantities of waste are transported between Medway and other Waste Planning Authority areas.^[164] Medway Council and these other WPAs recognise that cross-boundary movement is typical of the way in which waste is managed in general, as it has little regard for administrative boundaries.

12.1.8 Medway Council is a member of the South East Waste Planning Advisory Group (SEWPAG) which considers waste planning issues across South East England including agreement of Statements of Common Ground. Amongst other things, this includes an agreement to plan for the management of waste on the basis of 'net self-sufficiency' that means each WPA plans to provide facilities with sufficient capacity to manage an amount of waste equivalent to that which is predicted to arise within its area over the period of its plan. The use of the term 'net' allows for the normal movement of waste across boundaries. This approach is intended to ensure that sufficient waste management capacity is provided across a collective area (region or sub-region) consistent with NPPW.^[14]

12.1.9 The principle of net self-sufficiency does not apply to hazardous waste because the quantities of different hazardous waste types produced within each WPA area are unlikely to make the local provision of the full range of specialist hazardous waste management facilities viable. Indeed, it is quite normal for relatively small quantities of hazardous waste to be transported across the country for specialist treatment.

12.1.10 The current Municipal Waste Management Strategy (MWMS) for Medway was adopted in 2006. The MWMS focuses on the management of Local Authority Collected Waste (LACW). Key aims of the MWMS are:

• 55% recycling of LACW by 2020
• 35% (or less) of LACW to landfill by 2020

12.1.11 While these targets relate to past dates, they define a baseline from which future targets are likely to be established. The Medway Local Plan takes account of the MWMS by ensuring that development can come forward to help facilitate its aims.

Current waste management in Medway

12.1.12 The main types of waste produced are:

• LACW;
• Commercial and Industrial Waste (waste from businesses) (C&I waste);
• Construction, Demolition and Excavation Waste (CDEW);
• Hazardous Waste from various sources; and,
• Wastewater and Sewage Sludge.

12.1.13 WPAs should also plan for the management of Agricultural Waste and Low-Level Radioactive Waste (LLW).

12.1.14 The WNA found that just under 0.5 million tonnes of wastes arose within Medway in 2022. Each waste type is considered in more detail below.

12.1.15 Medway has a range of waste transfer and processing facilities that handle waste arising both within and beyond Medway. In 2022, there were 23 operational permitted waste transfer and processing facilities in Medway, managing around 710,000 tonnes of waste.

LACW

12.1.16 In Medway the production of LACW has fallen slightly from c135,000 (2018) to c131,500 tonnes per annum (tpa) and recycling has plateaued since 2014/15. Recycling of LACW is c46% and diversion of waste away from landfill by energy recovery is c53%.

12.1.17 Recyclable material is collected as comingled dry mixed recyclables at the kerbside. It is taken to a bulking facility within Medway and then onto a Materials Recycling Facility (MRF) in the London Borough of Southwark. In 2022 around 18,500 tonnes of recyclate was managed via the Medway bulking facility, with c14,000 tonnes going on to be managed at the Southwark MRF. In addition, c21,000 tonnes of mixed green and food waste collected from households or delivered to Household Waste Recycling Sites provided by Medway Council, was managed at composting facilities in 2018. These are all outside Medway.

12.1.18 Table 3 shows how the management of LACW arising in Medway has changed over time with a particularly notable reduction in waste sent to landfill.

Table 3: Management of LACW Arising in Medway (2018/19 to 2022/23)

Household waste

12.1.19 'Household waste' is defined as:

• All waste collected from households by or on behalf of Medway Council as Waste Collection Authority (WCA).
• Waste delivered to Household Waste Recycling Sites and bring banks.
• Street cleaning waste, collected litter and gully sweepings.

12.1.20 Household waste forms a subset of LACW, but generally comprises around 95% of LACW arisings.

12.1.21 The forecast increase in population over the local plan period may require additional capacity to be developed. This need might be met by upgrades to the existing facilities, but consideration may also be given to other options such as creating a single purpose-built facility in an accessible and appropriate location.

12.1.22 The principal contract for the management of LACW is due to expire in 2035. The replacement contract may result in changes to where LACW arising in Medway is managed and the suitability of any related proposals in Medway which require planning permission would be considered against the policies in this Plan.

Commercial and industrial waste

12.1.23 The WNA found that c141,000 tonnes of C&I waste was produced in Medway in 2022, with around 68% being recycled/composted or recovered in some way.

12.1.24 Much of the LACW and C&I waste is of a similar composition and so may be managed at the same facilities. The WNA indicates that the following capacity types exist within Medway which are capable of managing LACW and C&I waste:^[16]

• Waste Recycling:^[17]
  • In vessel composting – 32,000tpa^[18]
  • LACW/C&I Recycling Capacity inc metals – c553,000tpa^[19]
• Waste Recovery (other than reculcing/composting):
  • RDF (Refuse Derived Fuel) Production Capacity (from LACW and C&I) - c 400,000tpa^[20]

Construction, demolition and excavation waste

12.1.25 Approximately 152,500 tonnes of CDEW was produced in Medway in 2022. An estimated breakdown of the overall waste stream into the main different types of waste is included in the WNA 2024 update report on CDEW Waste.

12.1.26 Different types of CDEW require different forms of management but there is very little CDEW that cannot be recycled or recovered. The WNA estimates that at least 86% of CDEW arising in Medway is recycled or recovered which is well above the national target of 70% by 2020.^[21]

12.1.27 Existing consented CDEW management facilities in Medway offer the following capacity:

• Inert Waste Landfill - just under 2 million cubic metres (2.9 million tonnes (at 1.5t/m3))
  • Alpha Lake, North Sea Terminal, Cliffe - 1,000,000 m3
  • Chalk Lake, North Sea Terminal, Cliffe - 400,000 m3
  • Manor Farm Barn Landfill Frindsbury - 520,800 m3
• Inert Waste Recycling - three sites capable of producing recycled aggregate with a combined production capacity of 157,000 tpa.
• Non-inert Recycling/composting – 16,000 tpa.

12.1.28 Given the estimated peak capacity requirement is estimated to be around 184,500 tpa for the Plan period, there appears to be sufficient capacity to manage virtually all Medway's CDEW arisings through recycling given that its composition makes it amenable to that form of management. Otherwise, soft material may need to be deposited on land for beneficial purposes.

Hazardous waste^[22]

12.1.29 Hazardous wastes are categorised as those that are harmful to human health, or the environment, either immediately or over an extended period of time. In Medway, hazardous waste arises mainly from: construction and demolition activity, vehicle maintenance and/or dismantling activity and healthcare. Approximately 33,000 tonnes of hazardous waste was produced in Medway in 2022.

12.1.30 The total assessed management capacity for hazardous waste in Medway is approximately 52,500tpa hence this indicates that Medway has sufficient capacity to manage the equivalent tonnage of hazardous waste produced.

Wastewater and sewage sludge

12.1.31 Wastewater generally comprises surface water runoff and effluent discharged to the foul sewer system from where it is channelled to wastewater treatment works for treatment.^[23]

12.1.32 In Medway wastewater and sewage sludge are managed by Southern Water and the principal wastewater treatment works is at Motney Hill, Rainham, Gillingham, which lies to the north west of the Plan area, on the southern side of the Medway estuary. The works include an anaerobic digestion plant where sludges from other wastewater treatment works may be taken to produce biogas. Southern Water also manages a wastewater treatment works at Whitewall Creek near Upnor.

Agricultural waste

12.1.33 Given the relatively small amount of agricultural land in Medway, arisings of agricultural waste are small, with quantities requiring offsite management especially so.

Low-level radioactive waste

12.1.34 Very little if any LLW is produced within Medway, and the small quantities of Very Low-Level Radioactive Waste (VLLW) is expected to be managed through existing arrangements.^[24]

Other recovery of non-hazardous residual waste

12.1.35 Residual waste is the non-hazardous non-inert waste left over after measures to reuse and recycle and is sometimes referred to as 'black bag' waste. Residual waste is principally derived from the LACW, and C&I waste streams. This waste is generally managed either by incineration with energy recovery (referred to as Energy from Waste (EfW)) a form of 'other recovery' providing it meets minimum standards for energy efficiency or landfill.

12.1.36 In Medway, residual waste is currently converted to RDF sent on to 'other recovery' capacity either located within the UK or elsewhere in Europe.

12.1.37 Current capacity in Medway can produce up to 400,000 tonnes of RDF each year which represents significantly more than is forecast to require management arising in Medway itself. This capacity is counted as 'other recovery' as the output fuel has a proven market. Planning permission has been granted for an Energy Centre as part of the 'Medway One' redevelopment of the old Kingsnorth power station site which could accept up to c200,000tpa of refuse derived fuel (RDF) or solid recovered fuel (SRF).

Landfill

12.1.38 Controls relating to groundwater protection and landfill design and operation, combined with increasing landfill tax and its place at the bottom of the hierarchy, make the prospect of development of a non-inert waste landfill in Medway remote. In addition, the quantity of waste requiring disposal is expected to continue to decline with diversion to EfW facilities, meaning that non-inert waste landfill development in Medway is unlikely to be viable. In response to the Call for Sites, no sites were promoted for the development of a non-inert waste landfill facility in Medway.

Additional waste management capacity requirements

12.1.39 Tables 4 and 5 below summarise the additional waste management capacity needed to meet waste management targets.

Table 4: Medway Waste Recycling and Composting Capacity Requirements

12.2 Future management of waste in Medway

12.2.1 Vision and Objectives specifically relating to the management of waste in Medway have been prepared which take account of the above context.

12.3 Waste prevention

12.3.1 The planning system has an important role to play as factors affecting waste production can be applied to the built environment in particular.

12.3.2 In Medway applications for development will be required to demonstrate how they are consistent with circular economy principles.

12.3.3 For development proposals of a particular scale, a Circular Economy Statement will need to be submitted showing how the above matters have been taken into account.^[28] These Statements will include a waste management audit showing how waste is to be managed during construction, including demolition and refurbishment, if applicable; and during the lifespan of the development.

12.3.4 The Circular Economy Statement must also establish targets relating to efficiency of material usage to minimise waste production and show how their achievement will be monitored and reported.

12.3.5 CDEW constitutes the largest amount of waste produced in Medway and so particular focus is required to ensure all development comes forward in a manner which reduces the amount generated, uses recycled material where possible, and facilitates the management of unavoidable waste up the waste hierarchy.

12.3.6 A circular economy approach involves:

• making better use of existing buildings through sharing and reuse so fewer new buildings need to be created;
• designing new buildings in such a way that their useful life is maximised e.g. by being easily adapted to a range of uses and ensuring they can be deconstructed at the end of their useful lives if necessary;
• ensuring buildings and their component materials can easily be reused, repaired and refurbished;
• eliminating waste in construction;
• ensuring waste arising during the occupation of a development can easily be reused or recycled e.g. by allowing storage of separate recyclable materials and providing space to allow for reuse and repair and for the storage of reusable goods and materials; and,
• elimination of the use of hazardous materials, which pose particular issues with end-of-life management.

12.3.7 The Government's Waste Prevention Programme, states that it will 'continue to support local authorities to promote sustainable resource use through planning' and both the NPPF and NPPW include policy intended to help achieve this.^[165]

12.3.8 Existing legislation expects all waste to be managed in accordance with the Waste Hierarchy, which is to be applied in priority order, and so all forms of development must seek to reduce the quantity of waste produced, and allow for the separation and storage of different waste materials produced during their operational life to promote its recycling. The Environment Act and associated regulations set specific requirements for the separate collection of recyclable waste (including food waste) from:

• households;
• non-domestic premises that produce household waste; and
• producers of industrial and commercial waste that is similar in nature and composition to household waste.

12.3.9 The household waste kerbside collection service currently provided by Medway Council ensures residual waste is collected separately from recyclable and compostable waste and so it is essential that all proposals for residential development are designed to allow for separate storage of these materials. Collection services may change in the future to ensure compliance with the Environment Act.

12.4 Safeguarding of existing waste management facilities

12.4.1 To help ensure waste continues to be managed within Medway, the presumption is that existing consented waste management facilities are safeguarded from loss to non-waste uses, or from proximate development that may limit or hinder their operation. Sites with temporary planning permission for a waste use are safeguarded for the duration of the permission. However, there are circumstances where non-waste development resulting in loss of or impact on a safeguarded site will be permitted and this will be assessed on a case-by-case basis. A list of safeguarded waste sites is included in Appendix C and this list will be monitored with updates reported in the Annual Monitoring Report.

12.4.2 Redevelopment of land (or part of land) that has an existing lawful waste management use (in planning terms - including land with planning permission for a waste use), for non-waste uses, will only be considered if compensatory and equal provision of management capacity for waste in Medway, in quantity and waste hierarchy position, is made. Compensatory provision should be based on the maximum design throughput of the facility to be redeveloped or the peak input over the previous 5-year period as reported through waste returns submitted to the Environment Agency, whichever is the greater.^[29]

12.4.3 Applicants seeking permission for potentially sensitive non-waste development ('Agents of Change') in proximity to safeguarded waste management facilities will be required to demonstrate that their proposed development will not prejudice or constrain the ability of the existing facility to operate to its safeguarded capability. This may require incorporating measures into the design and orientation of buildings and other structures, to mitigate potential effects and reduce sensitivity.

12.4.4 Where replacement capacity is proposed the following matters may also be considered when determining the adequacy or comparability of compensatory capacity: accessibility; location in relation to the market; suitability; availability of land for processing; and stockpiling of waste (if applicable).

12.4.5 For development proposals within 250m of safeguarded waste management facilities to be acceptable they will need to demonstrate that impacts, e.g. noise, dust, light and air emissions, that may legitimately arise from the activities taking place at the safeguarded sites, would not be experienced to an unacceptable level by occupants of the proposed development including through mitigation measures, and that vehicle access to and from the safeguarded facility would not be constrained by the proposal.

12.4.6 NPPW makes it clear that non-waste development should not prejudice the implementation of the waste hierarchy or the efficient operation of waste management facilities.^[166] Similarly, the NPPF confirms that proposals for new development, known as the 'agent of change', should ensure that the intended development does not unreasonably restrict an existing business' lawful operation. Existing waste management operations should not have unreasonable restrictions placed on them as a result of new development that may be sensitive to their operation that could be deemed a statutory nuisance (e.g. noise) or problematic e.g. Heavy Goods Vehicle movements.

12.4.7 In Medway there are different waste management facilities capable of handling a range of waste streams. Many of these facilities make a significant contribution towards Medway achieving net self-sufficiency and some are of regional significance, particularly with regard to hazardous waste. In order to achieve net self-sufficiency, the current waste management facilities and their context require safeguarding against non-waste development that would prejudice their lawful use.

12.4.8 Opportunities for the development of waste management capacity are limited in Medway. The safeguarding of sites in existing waste use in addition to those with planning permission, will ensure that existing waste management capacity is maintained and the contribution existing or planned waste management infrastructure makes towards the Plan's strategic objectives is taken into account when decisions are made concerning development proposals in proximity to them.

12.5 Provision of new waste management capacity

12.5.1 The need for additional waste management capacity to help drive the management of waste up the waste hierarchy over the Plan period has been considered in the WNA. The conclusions on the need for different types of capacity to manage different waste types are summarised below.

12.5.2 Proposals intended to intensify the use of existing facilities, through increasing capacity and/or improve their efficiency, are supported in principle. This may include changes made at sites to compensate for loss of capacity at sites re-developed for non-waste uses.

LACW Recycling Capacity

12.5.3 A target of 65% recycling of LACW and similar waste by 2035 has been set by the Government and the waste management targets for LACW waste reflects this as set out in Table 6.^[30]

Table 6: Targets for LACW Management for Medway

12.5.4 Taking account of potential changes in waste production, if Medway Council were to achieve the 70% recycling/composting target by 2040/41 by the collection of separated recyclable material (including food waste) alone, and if the existing arrangements were to be utilised, up to c97,000 tpa of source separated waste would need to at least be bulked up in Medway prior to management through a MRF and an organic waste treatment facility.

12.5.5 The current capacity at the bulking facility receiving Medway LACW has been assessed to be 250,000tpa and this facility could therefore accommodate the increased quantity to be managed. The MRF facility in Southwark that receives recyclate from the bulking facility has a capacity of 85,000tpa. The additional c35,000 tpa of LACW food waste could, potentially be accommodated at the IVC facility located in Medway although its capability to manage this waste would need to be confirmed as it is currently operating as a specialist facility.

12.5.6 Planning permission has been granted for the construction of a MRF on Medway City Estate that would be capable of managing up to 100,000 tpa of recyclate. This facility would meet the LACW recycling requirement and would provide additional capacity for Dry Mixed Recyclables from the C&I waste stream from within, and potentially beyond, Medway. The capacity needed to meet the Council's aspirations for the management of LACW will be monitored and reported in the AMR.

Commercial and industrial waste recycling

12.5.7 This Plan sets a target of 65% recycling by 2035 and 70% recycling by 2041 for C&I waste. This follows the Government target of 65% recycling of MSW by 2035 and the anticipated recycling rate of 72%+ needed to achieve the national residual waste reduction target for 2041. C&I waste that arises from places such as shops, offices and restaurants is similar to household waste and is included within the definition of MSW. A 70% target for C&I waste overall has been set to account for the fact that recycling of C&I waste is at a similar rate to that for LACW (c48%).

12.5.8 The waste management targets for C&I waste are set out in Table 7.^[33]

Table 7: Targets for C&I Waste Management for Medway

12.5.9 The above targets equate to the following peak built capacity requirements over the Plan period:

• c108,500 tpa recyclate bulking or MRF sorting capacity for Dry Mixed Recyclables (DMR) plus capacity for food/green waste bulking and/or treatment.
• c43,500 tpa other recovery - either RDF production or EfW.

12.5.10 Bulking capacity for recyclate arising from the commercial waste stream already exists in Medway. Material specific recyclate may be taken directly from the bulking facility to reprocessors such as Kemsley Mill in Kent (cardboard) or O-I in Essex (glass). Once constructed, the consented MRF at Medway City Estate would provide sorting capacity for DMR.

12.5.11 The 35,000 tpa of biowaste could be managed at Medway's permitted IVC facility, alongside the c35,000 tpa of LACW biowaste. Although its capability to manage this waste would need to be confirmed as it is currently operating as a specialist facility.

12.5.12 Residual C&I waste requiring management by 'other recovery' could be converted to RDF at the existing facility in Medway or managed at EfW facilities in other areas.

12.5.13 Any proposals for the development of EfW and landfill capacity will also be considered against policies T37 and T38 respectively.

Construction, demolition and excavation waste management

12.5.14 It is anticipated that at least 75% of construction and demolition (C&D) waste will be recycled and, because capacity exists, this could be accommodated at sites within Medway. In practice much demolition waste is crushed and screened on the site of its production using mobile plant and is then either utilised on the site itself or sold as a recycled aggregate and transported directly to its site of use, reducing generation of this waste and eliminating the need for provision of land to accommodate separate management capacity.

12.5.15 As the production of recycled aggregate also contributes towards overall aggregate supply it is supported in principle.

12.5.16 Diversion of inert CDEW from disposal to landfill also occurs in the form of 'recovery to land'. Recovery to land involves the beneficial use of inert waste when permanently deposited on land e.g. in engineering operations and backfilling of mineral workings for restoration purposes. Policy T35 and Policy T39 set out how applications for such development will be considered.

12.5.17 The quantities of CDEW recycled and recovered to land will depend on the actual composition of the CDEW arising. For example, demolition results in the generation of 'hard' materials which can be recycled. Greenfield development tends to result in greater quantities of excavation waste, i.e. soils suited to permanent deposit to land, hence the proportion of CDEW being managed by recovery to land is likely to be higher. For this reason, setting separate targets for recycling and recovery may give the impression of under-performance in any one year depending on the type of CDEW arising. To avoid this issue, a combined management target has been applied to the inert fraction of CDEW as set out in Table 8 below.^[34]

Table 8: Inert CDEW Management Targets

12.5.18 The non-inert CDEW fraction has greater potential environmental impacts and so separate targets and limits have been identified which allow for changes in waste composition over time (see Table 9).^[36] Landfill is required for a small element of non-inert CDEW that cannot practicably be recovered.

Table 9: Non-inert CDEW Management Targets/Limits

Other recovery of residual waste

12.5.19 To minimise the disposal of waste by landfill, waste that cannot be practically recycled (residual waste) is to be diverted to facilities where some value can be obtained from the waste mainly in the form of energy and bottom ash that can be converted into construction materials.

12.5.20 In light of the existing RDF production facility, sufficient 'other recovery' capacity for the management of residual waste by 'other recovery' (set by the Plan targets) already exists in Medway. In addition, 'other recovery' capacity is available in neighbouring Kent which is surplus to the achievement of targets in the Kent Minerals and Waste Local Plan. Management of residual waste in Kent by 'other recovery' has been confirmed by Kent County Council as a satisfactory arrangement and in light of this it is anticipated that Plan requirements may also be met in this manner. Residual LACW arising in Medway is already managed through this route.

Non-hazardous waste landfill

12.5.21 Historically the requirement for landfilling of non-hazardous waste arising in Medway has been met in various locations including Medway, Kent or other neighbouring areas. Most recently (2022) c27,500 tonnes of non-hazardous waste was landfilled at the Ockendon landfill in Thurrock, adjacent to Medway, on the north bank of the Thames.

12.5.22 The estimated requirement for non-hazardous landfill is set out in Table 10. The requirement takes account of the Plan's targets for recycling and other recovery.

Table 10: Waste to Non-Hazardous Landfill Over the Plan Period (Tonnes)

12.5.23 Non-hazardous waste will continue to be diverted from landfill driven by the landfill tax escalator and so the depletion of void in the remaining consented landfills in the wider South East is occurring at a slower rate. This conserves remaining landfill void capacity so that Medway's predicted cumulative non-inert landfill capacity requirement of around 360,000 tonnes over the Plan period (residual waste remaining after diversion to other recovery), may be accommodated within landfills outside the Plan area. WPAs hosting non-hazardous waste landfills within a two-hour travel time of Medway have previously confirmed that in principle waste from Medway may be accepted at landfills in their areas.

12.5.24 A Joint Position Statement on non-hazardous landfill prepared by SEWPAG in 2019 suggested that if no additional void comes forward, existing non-hazardous landfill capacity within the South East will be exhausted by 2040. In light of its proximity to the East of England, Medway is also well located to rely on non-hazardous waste landfill capacity in this region as is currently the case with the landfill of waste from Medway in Thurrock.

Hazardous and low-level radioactive waste^[38]

12.5.25 Approximately 41,500 tonnes of hazardous waste was produced in Medway in 2022. This is predicted to fall to c33,000 tonnes by the end of the Plan period with the depletion of hazardous materials such as asbestos in the building stock, the fall in use of hazardous raw materials in electronic appliances and transition to electric vehicles.

12.5.26 The overall quantity of hazardous waste arisings currently produced (c41,500 tonnes) quite closely matches to the quantity of hazardous waste managed (c52,500 tonnes) within Medway implying that theoretically net self-sufficiency is being achieved. However, given hazardous waste management involves regional and sometimes national scale operations it is not considered appropriate to apply the goal of net self-sufficiency to this waste stream in Medway. This is also consistent with the SEWPAG Statement of Common Ground.

12.5.27 Overall, given a fall in arisings, there will be a theoretical surplus of hazardous waste management capacity in Medway, however different hazardous waste types require different types of management, and a detailed analysis shows that significant (in terms of quantity and/or type) exports of hazardous waste were managed at facilities outside Medway in 2022. Past engagement with other WPAs where hazardous waste from Medway has been managed confirmed that all reported hazardous waste arising in Medway appears to be effectively managed and there are no obvious stresses in the system.

12.5.28 It can be concluded that there is no identified strategic need for additional hazardous waste management capacity within the Plan area; however, Policies T35 and T36 provide for such capacity to come forward within Medway should a need be justified.

12.5.29 Similarly, the WNA identifies no strategic need for the management of low-level radioactive waste in Medway.

Wastewater and sewage sludge

12.5.30 There is currently sufficient wastewater treatment capacity to meet current and future growth.^[39] The implications of proposed development on requirements for wastewater treatment in the Medway area will be assessed to ensure sufficient 'headroom' exists.

12.5.31 Any proposals for additional wastewater treatment capacity would be considered against Policy T40.

12.5.32 Southern Water has previously indicated a potential capacity shortfall in sewage sludge treatment capacity during the period 2020-34 in North Kent and an intention to seek additional capacity.

12.5.33 Management of waste in accordance with the waste hierarchy in priority order is a legal requirement and also a key tenet of NPPW and is generally consistent with the aim of achieving the Government's target of net zero greenhouse gas emissions by 2050.

12.5.34 Having been in operation for many years, existing permitted waste management facilities in Medway may be well-established and accommodated within the community. The improvement or extension of an existing waste management facility may improve the efficiency of a site by enabling more waste to be recycled, recovered or processed for re-use and/or have the potential to reduce impacts of current operations due to changes in technology or site layout. Such extensions and improvements may therefore mean that fewer facilities need to be developed in new locations which may otherwise lend themselves to other forms of development needed within Medway.

12.5.35 The Policy is consistent with paragraph 128 of the NPPF that is concerned with ensuring that land is used efficiently.

12.6 Location of waste management facilities

12.6.1 The management of waste can be carried out within units or buildings located in urban areas and on industrial estates. Such facilities might include smaller specialised operations, such as those engaged in the processing of waste electrical and electronic equipment (WEEE). Generally open areas are needed to facilitate site logistics, e.g. waste deliveries and removals.

12.6.2 Many of the existing waste management facilities in Medway are clustered within existing industrial areas (such as at Medway City Estate and Kingsnorth, near Hoo St Werburgh) and these locations are likely to offer suitable opportunities for the development of waste management capacity.

12.6.3 Allocations of employment land are included in the Plan which may be suitable for waste management development as amenity impacts may be reduced due to their accessibility and distance from residential areas.

12.6.4 Greenfield locations are least preferred for new waste management facilities, consistent with NPPF requirement for making efficient use of land.

12.6.5 The suitability of locations will also be assessed against other policies in this plan, for example in terms of their accessibility to transportation networks including the River Medway and the River Thames. In that regard proposals for additional waste management capacity that utilise existing rail facilities, the River Medway or the River Thames as a means of transportation are encouraged.

12.6.6 Other policies of the Plan will also be applied to ensure that waste management development is consistent with the Plan's wider objectives of ensuring sustainable development comes forward in a manner which does not have an unacceptable adverse impact on communities and the environment.

12.6.7 Policy T36 does not apply to proposals involving the permanent deposit of waste (landfilling, land raising and recovery to land) which are addressed by Policies T38 and T39.

12.6.8 The management of waste is an industrial activity which involves the bulk transport of materials, often using Heavy Goods Vehicles, and it is therefore important that adverse impacts caused by waste management, including those related to transport, are minimised.

12.6.9 The preference for the use of existing sites and previously developed land is consistent with the Plan's wider vision and objectives concerned with achieving the most efficient use of land in Medway.

12.6.10 NPPW specifically identifies previously developed land and redundant agricultural (and forestry) buildings and their curtilages as offering potential opportunities for waste management development.

12.7 Other recovery

12.7.1 The principal form of management capacity that falls under the 'Other Recovery' category is EfW.^[42] This often takes the form of plants that incinerate waste and capture the heat to generate electricity.

12.7.2 Combustion of waste results in emissions of carbon dioxide so the more energy that can be recovered the lower the emissions per unit of energy. To ensure maximum efficiency it is important that EfW facilities are developed in a manner and in locations that allows the surplus heat to be fully utilised, for example in district heating or by a local industry with a process heat requirement. This type of EfW is classed as Combined Heat and Power (CHP). The Energy section of this Plan supports development associated with the delivery of heat and cooling to buildings within the vicinity of a CHP facility.

12.7.3 To qualify as 'recovery' (in terms of the waste hierarchy) an EfW plants must achieve a minimum level of energy efficiency as defined by R1 status. Facilities must achieve its 'R1' status to be preferred over disposal to landfill as a means of managing residual waste.

12.7.4 Combustion of the biogenic fraction of residual waste is considered to be a source of low carbon renewable energy whereas the combustion of the non-biogenic fraction including materials such as oil-based plastics is not. These fractions are currently considered to occur in approximately equal proportions, but are expected to change over the Plan period, when initiatives such as the separate collection of food waste across households and businesses are implemented.

12.7.5 EfW facilities must be Carbon Capture and Storage enabled with a reasonable prospect of it being executed to ensure the national aim of achieving net zero carbon emissions by 2050 is not compromised.

12.7.6 RDF preparation capacity might be developed in conjunction with EfW facilities on the same site, or as standalone facilities where the waste is processed to produce a fuel off-site. In order to avoid the risk of under provision by double counting both fuel preparation capacity and fuel use i.e. EfW capacity, only one of the two facility contributions will be counted towards meeting 'other recovery' requirements if both are in Medway. Where fuel preparation takes place as a stand-alone activity, its contribution to 'other recovery' capacity will only be counted as the difference between the input quantity and the output quantity unless the output fuel has a proven market in accordance with the Government definition of RDF.^[167] Where that is the case, if the output fuel is to be used in an EfW plant beyond Medway, then this contribution will also be counted.

12.7.7 RWS anticipates greater efficiency of EfW plants by encouraging use of surplus heat recognising that at that time only around a fifth of EfW plants operate in CHP mode, despite most being enabled to do so. This will support a shift from using carbon rich gas heat sources to lower carbon generation via heat networks. Government funding initiatives have been introduced to help facilitate this.

12.7.8 Given the expectation that residual waste will continue to include a non-biogenic fraction into the future, such plants will continue to produce energy that is non-renewable. In order to mitigate this, Carbon Capture, Utilisation and Storage (CCUS) is being developed for deployment by the sector. Therefore, in addition to a heat off take, any such facilities must be CCUS ready with a reasonable prospect of it being implemented by 2040 to contribute to the achievement of net zero carbon emissions by 2050.

12.7.9 The Climate Change Committee's Sixth Carbon Budget recommends that all EfW facilities will need to have carbon capture and storage in place by 2040 for the national target of net zero carbon emissions by 2050 to be achieved. Given EfW plants have an operating life of at least 30 years, any proposal for EfW development must provide for this as it may not be possible to retrofit CCUS once operational. The Committee's budget also identified that the necessary carbon reduction from waste management is expected to come from increases in recycling which must not be compromised by provision of additional EfW capacity.

12.8 Landfill

12.8.1 While non-inert landfill capacity across the South East is declining, the quantity of waste that needs to be disposed of in this way is also declining and this is expected to continue in light of Government initiatives.

12.8.2 Waste should only be landfilled if it cannot be managed by means further up the Waste Hierarchy. The justification of need for additional non-inert landfill capacity must demonstrate that sufficient waste requiring disposal to landfill will be available to ensure the site can be completed in a timely manner. Non-inert landfill sites should be filled in cells and restored progressively back for a useful purpose e.g. for agriculture, recreation or biodiversity. Providing new capacity is almost wholly dependent on having the right geological conditions.

12.8.3 There are no existing voids in Medway which would be suitable for non-inert waste landfilling, so any provision would either involve the creation of new void space by extraction of material for other uses such as engineering, or re-profiling land by raising its natural contours (land raise), or a combination of the two approaches.

12.8.4 As well as creating additional void space, the reworking (or 'mining') of existing or historic and restored landfill sites may offer opportunities for the release of development land and/or extraction of recyclable or recoverable materials previously disposed of. For some time, landfill sites have been carefully engineered to ensure the risk of pollution, in particular from leachate and landfill gas, is minimised. However, this has not always been the case and old landfills may need reworking to remove wastes causing pollution and/or to ensure pollutants are not released in an uncontrolled manner.

12.8.5 Reworking landfills can be a hazardous activity especially when there are no, or poor, records of the types of waste deposited and present. Disposal of hazardous materials may not have been recorded in old/historic sites and these may be present. Site investigation to assess and evaluate the presence of hazardous materials will be necessary. In particular, proposals for landfill reworking would need to address the potential for adverse impacts associated with the release of leachate and landfill gas, handling of hazardous materials, as well as potential impacts on existing restoration and aftercare. Following the closure of landfills other development, such as housing, may have occurred nearby which may be sensitive to any reworking activity and the need to avoid adverse impacts must be taken into consideration. The reworking of landfills containing hazardous waste is generally not encouraged due to the potential impacts on communities and the environment.

12.8.6 Impacts arising from non-inert landfill may occur due to the following:

• transportation of waste;
• degradation of biodegradable waste materials resulting in landfill gas and leachate which are both pollutants if not managed correctly;
• site operations which may give rise to noise and dust; and,
• the scale of operations which may make them highly visible especially in open countryside.

12.8.7 Landfill gas includes methane which is a flammable gas that can be used as a fuel. Proposals for non-inert landfill development must explain how landfill gas would be managed during the operational and aftercare phases. The use of landfill gas to produce energy provides a potential benefit by off-setting demand for fossil fuels, and that benefit should be realised wherever possible.

12.8.8 Despite its theoretical geological suitability to accommodate new void space for non-inert waste, the lack of local demand and remoteness of the Hoo Peninsula to the wider market, means that no specific allocations for new non-inert landfill or land-raising facilities are proposed; however criteria for determining any proposals that may come forward in this area are provided in Policy T38.

12.8.9 While landfill falls under disposal at the bottom of the waste hierarchy some wastes will need management through this route for the foreseeable future and, as it has certain unique characteristics relating to the use of land, it is important that the Plan includes policy against which to judge a proposal for non-inert landfill in the event that such a proposal came forward.

12.8.10 For some hazardous wastes, disposal to landfill currently offers the only practical waste management solution. Such wastes are produced in relatively small quantities and are managed at dedicated hazardous waste landfill sites or within specially engineered cells at non-inert landfill sites.

12.8.11 In line with the Plan's objective to manage waste in accordance with the Waste Hierarchy and the national goal set by RWS for the cessation of landfilling of any biodegradable waste by 2030, only waste which cannot be managed by means other than landfill may be proposed for management by landfill.

12.8.12 Progressive restoration helps ensure that the impacts associated with the landfilling of waste are minimised. The NPPF and NPPW expect that the restoration of minerals voids should take place 'at the earliest opportunity' to ensure sites are restored for a high quality beneficial afteruse as soon as possible rather than left as an unnatural feature in the countryside.

12.8.13 As methane is a highly potent greenhouse gas it is important that proposals for non-inert landfill clearly set out how it will be captured and its potential as a fuel maximised.

12.8.14 Benefits may be derived from the reworking of old non-hazardous landfill sites where it is demonstrated that it is technically feasible and will not cause unacceptable adverse impacts on the environment and/or communities.

12.9 Beneficial use of inert waste by permanent deposit

12.9.1 Inert excavation waste may not be easily recycled but does lend itself to beneficial uses involving its permanent deposit on land.^[43] Such uses can be classed as 'recovery' rather than 'disposal', for example, the restoration of mineral extraction sites or construction of acoustic or flood protection bunds or retention on the site of its production for landscaping purposes. It is considered that 100% of inert excavation waste that cannot be recycled can be put to some beneficial use.

12.9.2 Proposals should demonstrate how the activity constitutes a genuine beneficial use of inert waste. For such activity to be deemed recovery, proposals must demonstrate how the development will involve deposit of the minimum amount of inert waste material necessary to achieve the desired outcome.

12.9.3 In certain circumstances the deposit of excavated material for which a use has been previously identified may be controlled under a regime known as "The Definition of Waste: Development Industry Code of Practice". While this may not constitute an operation involving waste, planning permission may still be required.

12.9.4 The Waste Management Plan for England notes that inert waste can and should be recovered or recycled whenever possible. The deposit of inert waste in or on land, remains a valid way of restoring quarries and mineral workings where this is a planning requirement.

12.9.5 The permanent deposit of inert waste on land generally constitutes a beneficial use and therefore contributes to efforts to manage waste in accordance with the Waste Hierarchy

12.9.6 The approach taken in the Plan to the beneficial use of inert waste draws upon, and is consistent with, the SEWPAG 'Joint Position Statement: Permanent Deposit of Inert Waste on Land in the South East of England'. Further advice on this matter can be found in this Joint Position Statement.

12.10 Wastewater treatment

12.10.1 A range of development related to the treatment of wastewater can be undertaken without planning permission. However, proposals for new, and extensions to, existing wastewater treatment works or built facilities for the management of sewage sludge generally require planning permission. Due to the necessity to construct facilities that can connect to the existing wastewater network, exceptions to the locational requirements set out in Policy T36 may be appropriate.

12.10.2 The Council will work with Southern Water and the Environment Agency to ensure wastewater arising in Medway is treated to at least the standards required by relevant legislation.

12.10.3 The treatment of wastewater is required to ensure that pollution of the environment and harm to human health does not occur when it is discharged to waterbodies. The Environment Agency will only consent the discharge of effluent from a wastewater treatment works when it is satisfied that it has been treated to an adequate standard. Such treatment may require the development of additional infrastructure which requires separate planning permission, and this policy allows specifically for the consideration of whether the infrastructure is needed to be factored into the decision of whether to grant permission.

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