ANNEX D
THE GOVERNMENT'S RESPONSE TO ADDITIONAL QUESTIONS
RAISED IN RESPECT OF THE NORTHERN IRELAND AFFAIRS COMMITTEE'S
REPORT ENTITLED "WASTE MANAGEMENT STRATEGY IN NORTHERN IRELAND"
(HC 349-I).
This document represents Government's response to
the additional questions posed by the Northern Ireland Affairs
Committee as a follow up to the Committee's report entitled
"Waste Management Strategy in Northern Ireland"
(HC 349-I).
It responds to the questions in the order they were
raised and refers to the numbering in the Committee's report.
Question 1
The Committee was critical of progress in implementing
a number of elements in the Waste Management Strategy and warned
that it was a race against time to meet the first major target
in 2010 for reduction of waste going to landfill and avoid substantial
EU financial penalties. The Government response advised that a
new Waste Management Strategy is scheduled for consultation in
September 2005 and is due to be finalised by the end of 2005.
It indicated that the new Strategy "will address those areas
of waste management where progress to date has been slow".
What progress has been made so far, and is the Government on target
to finalise the new Strategy on schedule. (Recommendations 2-4,
paragraphs 19, 21 & 23)
GOVERNMENT RESPONSE
A consultation paper on a new Waste Management Strategy
was published on 18th October 2005 with a closing date
for responses of 20 January 2006. The paper includes a number
of significant proposals, particularly relating to the provision
of waste infrastructure. In order to fully consider the implications
of consultees' responses for the Strategy, it is likely that the
publication date for the new Strategy will now be March 2006.
Question 2
The Government response advised that the Department
of the Environment has established an Infrastructure Task Force
to accelerate progress in the planning and procurement of waste
management infrastructure. What specific progress has been achieved
by the Task Force to date? (Recommendation 4, paragraph 23)
GOVERNMENT RESPONSE
Since its inception in April 2005 the Waste Infrastructure
Task Force has made significant progress. It has examined the
fitness for purpose of the current structural and legislative
arrangements for procuring waste management, and is exploring
possible short-term improvements to current arrangements such
as closer co-operation between the three District Council waste
management groups and the establishment of a Programme Delivery
Support Unit, to provide technical, legal and financial expertise
to the councils and waste management groups in taking forward
major procurement exercises. The Task Force is also considering
options for longer term structures for delivering waste collection,
disposal and waste planning which may involve changes to the status
quo.
The Task Force has commissioned a financial modelling
exercise to cost the waste management infrastructure required
to deal with municipal and commercial and industrial waste streams
(see response to Question 5) and has begun to plan its final report,
with a view to publishing it as the Strategy Implementation Action
Plan for Waste Infrastructure in May 2006.
Question 3
What further progress has been achieved through
the Modernising Planning Processes Implementation Plan? What is
the current processing time for applications for planning permission
for waste management facilities? Please provide an update on applications
in the system. (Recommendations 5-7, paragraphs 24, 30 & 31)
GOVERNMENT RESPONSE
Modernising Planning
Modernising Planning Processes seeks to deliver a
speedier and efficient planning process, underpinned by openness
and transparency in delivering planning to the community. Significant
progress has been made in all areas of the reform package, including
with regard to improving the quality of applications,
new guidance and the development of a revised application form.
Amendments to Council consultation procedures have recently been
introduced designed to allow for speedier decisions.
Priority areas for action in the next 6 months includes:
- the Return of Invalid Applications project, staff
in the Belfast Division have already been operating this process
on a pilot basis and continue to work with the MPP team to refine
and develop procedures prior to roll-out across the Service.
- developing a new approach for processing "significant"
applications, which has already commenced with the recent creation
of a new HQ Division to deal with such applications; including
waste applications. The approach will look at the use of pre-application
discussions which would ensure that all necessary documentation
including the need for an environmental statement before the applications
is submitted.
- a new waste planning application form has been
prepared and will be incorporated into the E-pic on line planning
system introduced in 2006. An equivalent paper application form
is also being prepared and will be available early in 2006 along
with associated on line/paper guidance.
Processing Times
Processing waste planning applications has improved
in terms of time taken per application, as evidenced in the following
table:
Decisions issued in 2005
(all applications)
| Average processing time
(in days)
| Average processing time (in years)
|
| 36 | 682
| 1.9 |
Decisions issued in 2005
(for applications received before 2004)
| Average processing time
(in days)
| Average processing time (in years)
|
| 15 | 1151
| 3.15 |
However, two landfill cases have been in system for 9 & 10
years respectively and distort the processing figures. By excluding
these applications, one gets a better indicator about application
processing times.
Decisions issued in 2005
(for applications received before 2004)
| Average processing time
(in days)
| Average processing time (in years)
|
| 15 | 517
| 1.42 |
Decisions issued in 2005
(for applications received in 2004)
| Average processing time
(in days)
| Average processing time (in years)
|
| 20 | 370
| 1 |
Applications in the system
The number of planning applications in the system
has significantly increased to 196 in November 2005 from around
95 in 2004. A sharp rise in the number of inert waste landfill
proposals possibly reflects pressure on operators as a result
of EHS enforcement action.
Landfill applications represent 40% of the total
but, taking account of inert waste applications referred to in
point 4, this leaves municipal waste accounting for only 7.6%
of applications. In contrast recycling and associated activities
account for approximately 36% of applications and adding in WEEE
(Waste, Electric and Electronic Equipment)/ELV (End of Life Vehicles)
at 8.7% and composting, in-vessel composting, anaerobic digestion
and bio diesel at 7.2% raises recycling to 51.9% of all applications.
There has therefore been a sustained swing to recycling applications
away from municipal waste deposition.
The Planning Service also works with a range of partners
in reviewing the Waste Management Strategy and at a practical
level is assisting Arc21 in their development of specific projects.
Meetings with the other waste planning groups, SwaMP (Southern
Waste Management Partnership) and NWWMG (North West Waste Management
Group) assist in a similar way in relation to important recycling
proposals. Planning staff also provide guidance on a number of
individual council projects some of which have now been granted
planning permission while others are current planning applications.
This is part of a significant step up in co- operation, co ordination
and liaison with all the parties involved in waste management
and the delivery of actual projects on the ground.
Three regional landfill decisions relating to Aughrim,
Mullaghglass and Cottonmount Quarries issued in May 2005. These
facilities potentially meet sub regional need for deposition but
also ensure that there is competition regarding municipal waste
contracts when these are put out to tender. A fourth regional
landfill application may move to decision early in 2006 following
resolution of technical problems in relation to access and road
safety issues.
There has been a growth in public objection to various
types of waste planning applications which places significant
workload burdens on staff charged with progressing applications.
For example around 7000 objections related to 8 applications were
submitted and need to be considered as part of the planning process.
Two judicial reviews into applications for asbestos transfer sites
means that officers who dealt with these applications have to
be diverted from normal duties to deal with the judicial review
cases
Question 4
What progress has been achieved on implementing
a Northern Ireland-wide Best Practicable Environmental Option
(BPEO)? Was final guidance published on target in June 2005? (Recommendations
8-10, paragraphs 36,38 & 39)
GOVERNMENT RESPONSE
The final guidance document (Best Practicable Environmental
Option for Waste Management in Northern Ireland: Guidance Document)
was published on target in June 2005 and is available on the EHS
website at:
http://www.ehsni.gov.uk/pubs/publications/NI_BPEO_Guidance_652kb.pdf
The document covers the three major waste streams
of municipal, commercial/industrial and construction sector wastes.
For municipal waste, the NI BPEO recommends a long
term target of 45% recycling and composting by 2020. The amount
of landfilling needs to be reduced to no more than 25% of municipal
waste to comply with EU Landfill Directive targets. The remainder
of the waste (around 30%) should be treated with a balanced mix
of technologies including anaerobic digestion, mechanical biological
treatment and thermal treatment. The BPEO document also contains
guidance on flexibility within the NI BPEO framework to enable
the 3 sub-regional Waste Management Groups to develop practicable
waste plans.
It is the responsibility of the competent authorities
(District Councils) to plan and deliver waste infrastructure to
meet the requirements of the Landfill Directive. The 3 existing
sub-regional Waste Plans are currently under review. When they
are published next year, it can be assessed how they intend to
deliver the required infrastructure within the framework of the
NI BPEO. It is not the responsibility of the Department
of the Environment to implement the BPEO.
The Waste Infrastructure Taskforce has been established
to accelerate progress on planning and procurement of waste infrastructure.
The Taskforce includes representatives from the Department, the
3 Waste Groups and other key stakeholders (e.g. SIB, DFP). The
Taskforce has used the NI BPEO output as a baseline to perform
financial modelling to assess the costs of provision of new infrastructure.
The 3 Waste Groups were invited to submit any variations to the
BPEO baseline which should also be modelled. This work is ongoing.
Question 5
What further progress has been made on identifying
the level of investment required for waste management infrastructure
and how this will be financed? (Recommendation 13, paragraph 50)
GOVERNMENT RESPONSE
The Waste Infrastructure Task Force has carried out
a financial modelling exercise to determine the likely cost of
providing the necessary infrastructure and options for paying
for it. Key issues covered by this exercise include affordability,
cost sharing between councils, assumptions about waste growth,
contract duration, third party income, implications of NILAS (NI
Landfill Allowance Scheme), raising project finance, and potential
contract and funding options.
Question 6
What has been the outcome of the evaluation of
the powers of local authorities to enter into contracts with the
private sector? (Recommendation 15, paragraph 52)
GOVERNMENT RESPONSE
District councils acting within their current powers
can make arrangements with the private sector for the provision
of Public Services. However, at present there are no legislative
powers to enable district councils to participate in or form Companies.
As an interim measure, the Department has considered
whether it might make use of its powers under the Local Government
(Best Value) (Northern Ireland) Act 2002. By this, the Department
"may by order make provision conferring on councils any power
which the Department considers necessary or expedient to permit
or facilitate compliance with the duty under section 1(1)".
Section 1(1) states "a council shall make arrangements for
continuous improvement in the way in which its functions are exercised,
having regard to a combination of economy, efficiency and effectiveness".
On this basis, the Department is in the process of
identifying the relevant legislation that confers various functions
on district councils in relation to topics that comply with section
1(1) and a draft Order has been prepared. To finalise this work,
the Department has approached all district councils to request
information about the companies in which they participate (this
has not yet been fully responded to). All specific information
will then be used to form the relevant Order. The waste management
companies issue would neatly fall into this proposal, and it is
anticipated that the Regulations should take around 8 months to
complete.
Taking into account the proposed modernisation of
local government i.e. RPA and associated governance issues, the
Department will be looking, in the longer term, to update legislation
in respect of powers to form companies, in line with those in
operation in the rest of the UK.
Question 7
The Committee was highly critical of the failure
of Government to show leadership in implementing the Waste Management
Strategy. What progress has been made by Departments in producing
Action Plans? What progress has been made in developing and implementing
green purchasing policies and practices? Has the intended 'thematic
strategy' been produced? (Recommendations 17-19, paragraphs 55,
59, & 60)
GOVERNMENT RESPONSE
Since the DOE adopted its Waste Management Action
Plan at the end of 2004, the plan is under implementation and
is being steered by a committee representative of the Department
and its agencies.
There is growing evidence of increased recycling
of waste across the DOE estate with examples of financial savings
obtained as a result of the recycling. These observed improvements
will be quantified by a robust audit to take place in the Spring
of 2006. A waste reduction campaign was conducted across the DOE
estate in April 2005 which targeted office paper (a significant
waste stream as identified by the baseline audit 0f 2004). Reduction
actions planned and reductions achieved will be reported at the
Steering Group meeting on 1st December 2005. There
has also been success under the reuse part of the Action Plan
since the use of 100% PCW (Post Consumer Waste) recycled paper
across the DOE has become mandatory for internal office use. 70%
PCW recycled paper will become mandatory by 2006 where external
publications are required with electronic distribution policy
adopted as the priority from October 2004.
Advantage was taken during waste audit activities
to pilot a formal environmental management system within the Department.
The pilot site gained ISO 14001 accreditation in May 2005. The
pilot EMS has given rise to an Environmental Management Programme
including the diversion of waste from landfill, reduction in the
consumption of water, energy efficiency improvements and inclusion
of environmental considerations for contracts. A second site
will be brought under the scope in 2006 and the Department's agency
EHS will increasingly use environmental management across its
estate in the coming years as outlined in its 10 year strategy
published on October 18th 2005.
Remaining Departments were invited, through a memo
issued by DOE to the Permanent Secretaries Group in November 2004,
to analyse waste management issues pertinent to their business.
The DOE model baseline waste audit and Waste Management Action
Plan were provided. All Departments responded with details of
their progress. This has led to the aim to produce a consistent
approach across Government.
The new NI Waste Management Strategy is currently
under review and the consultation paper (published 18th
October) refers to a number of headline commitments which the
remaining Departments have signed up to:
Departmental Waste Management Action Plans which
as a minimum should include the following elements:
- Reduction in paper by 10% /annum based on the
Departmental baseline.
- Progressive specification of use of recycled
paper.
- Preparation of detailed recycling actions plans.
- Inclusion of specific targets where relevant,
such as specification for use of recycled aggregates in road contracts.
This minimum specification is based on actions
already considered by Departments but reiterated to ensure consistent
application across Government.
Departments will implement sustainable waste management
actions through the use of action plans to be published by March
2006.
Subsequent monitoring of progress on implementation
of Departmental Action Plans will be carried out by a 'greening'
sub group of the Inter Departmental Sustainable Development Group
chaired by the Department's Environmental Policy Group (EPG)
The Environmental Policy Group has collaborated with
the Central Procurement Directorate (CPD) on a number of green
procurement guidance documents such as the Green Guide for suppliers
to Government and the Guide on integrating environmental considerations
into procurement. Other guidance under development includes the
purchase of sustainable timber.
The Department's Waste Management Steering Committee
has collaborated with CPD in the implementation of contracts with
reviewed specification to include environmental considerations,
examples of which include:
- NICS wide contract for catering services supplied
by subcontractors from 18th January 2005.
- NICS wide contract for the collection of waste
paper which will include the collection of waste cardboard for
recycling as well as paper to be formalised from June 2006.
- DOE pilot contract over several sites to capture
dense plastic and ferrous and aluminium cans and divert from landfill
from November 2004.
Such activities have led to a wider NI Government
action as agreed by the NI Procurement Board Meeting 11th
October 2005. A new office paper contract will be piloted for
one year in January 2006. The new contract's specification is
such that it will use recycled paper exclusively and will direct
the purchase of recycled paper as mandatory for Departments across
their areas of control. This pilot will apply to all Departments
with the exception of DHSSPS and DSD.
A number of related measures raised in the consultation
document will contribute to waste prevention in the public sector,
the following are examples which are under implementation within
a thematic structure:
- Appropriate application of Building Research
Establishment Environmental Method (BREEAM), Civil Engineering
Environmental Quality Assessment Scheme (CEEQUAL) to new construction
projects across the Government estate;
- Implementation of Workplace 2010 initiatives,
for example refurbishment of existing office space and open plan
office accommodation will reduce the number of Government buildings
on the estate and centralised printing will reduce the number
of individual printers required;
- Introduction of best practice guidance for Government
Construction clients including the adoption of site Waste Management
Plans to minimise construction, demolition and excavation wastes
in public procurement contracts.
The full list of proposed measures can be seen within
the consultation document ' Towards Resource Management' at:
http://www.ehsni.gov.uk/pubs/publications/towardsresourcemanagement.pdf
Question 8
What has been the outcome to date of the new data
surveys of non-municipal waste scheduled to be carried out during
2005? (Recommendation 20, paragraph 63)
GOVERNMENT RESPONSE
The survey of commercial and industrial waste has
begun and is due to complete in April 2006. The tender documentation
for the survey of construction, demolition and excavation waste
is currently with the Central Procurement Directorate and it is
anticipated the survey will commence in January 2005 and complete
in April 2006.
Question 9
What progress has been achieved to date on the
development of a Waste Prevention Framework? (Recommendation 25,
paragraph 71)
GOVERNMENT RESPONSE
October 2004 marked the beginning of a Waste Prevention
consultation process carried out by the National Resources Waste
Forum on behalf of the Department. A total of 600 key Stakeholders
were invited to take part, representing all sectors in Northern
Ireland. The process included the formulation of a Waste Prevention
Forum, the circulation of a questionnaire and supporting information
in February 2005 followed by workshops in April 2005.
Four well attended workshops provided an opportunity
for discussion on possible policy measures and action which would
result in the prevention of waste in Northern Ireland. Four key
messages emerged strongly throughout the process:
- Provide a wide range of tools (carrot and stick)
- Increase understanding through enhanced communication
- Build and extend existing initiatives
- Make waste prevention the responsibility of all
sectors
The findings of the stakeholder engagement/ consultation
process provided the foundations for the development of a Framework
for Waste Prevention in Northern Ireland.
The Framework for Waste Prevention in Northern Ireland
was published in September 2005. The Framework describes the key
priorities to support progress on waste prevention across all
sectors. It is a working document which will continue to be developed
to respond to the needs of all sectors as we seek to manage resources
effectively.
The Waste Prevention Forum is currently developing
a three year action plan for waste prevention setting clear delivery
responsibilities, timescales, resources and evaluation tools for
each action.
Question 10
Has the status of the guidance issued by the Department
for Environment Food and Rural Affairs been clarified? (Recommendation
30, paragraph 85)
GOVERNMENT RESPONSE
The Department of Agriculture and Rural Development
has published 'Guidance on the Treatment in Approved Composting
or Biogas Plants of Animal By-products and Catering Waste'. This
guidance is not in draft format and is applicable to Northern
Ireland. The guidance was last updated in August 2005.
Question 11
What is the Department's current estimate of the
extent of cross-border illegal dumping of waste and what progress
has been made in securing additional resources to tackle the issue?
(Recommendations 31-32, paragraphs 87 & 91)
GOVERNMENT RESPONSE
The last calculated estimate (to end 2004) was 250,000
tonnes of biodegradable ROI waste illegally deposited. A further
estimate will be produced at the end of March 2006 and is likely
to be appreciably larger. Intelligence and site investigations
indicate that illegal transport and disposal of waste from ROI
within NI continues. In terms of funding, the Department, mainly
through the internal reallocation of non-salary running costs,
has allocated £0.6 million to cover the costs of additional
enforcement and monitoring teams to counter the illegal transportation
and dumping of waste in Northern Ireland. This would effectively
double the size of the existing team by adding around 20 enforcement
officers.
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