Reg 19 Publication Plan – Main Modification Document

We have no objection to the proposed allocation or concerns regarding soundness. However, we would like to share some early advice regarding the current authorised landfill operation which lies near the proposed allocation. Our comments relate to the potential for landfill gas and the agents of change principle in the NPPF, which would both need to be addressed at the planning application stage.

Landfill gas

We currently regulate the Edwin Richards Landfill authorised landfill site, which is located approximately 100-200m away from the proposed site allocation, to the north-west across Portway Road. We regulate via two Environmental Permits. One of the permits controls activities including the disposal of waste to landfill, leachate treatment, treatment of landfill gas and discharges of site drainage. The other permit controls activities relating to the disposal or recovery of both hazardous and non-hazardous waste, the recovery of non-hazardous waste and the temporary storage of hazardous waste. Our lead officer for the site has confirmed that there are no current compliance issues in relation to amenity issues such as noise, dust and odour.

The site assessment in relation to the proposed site allocation at Rowley Regis Golf Course, has identified ‘air quality impacts’ and ‘noise impacts’ noting the former dolerite quarry (Edwin Richards Quarry) and provided an amber rating. We note that the former (historic) landfill area within the site allocation is identified.

We advise that the proposed site allocation is located within 250 metres of a landfill site that is known to be producing landfill gas. Landfill gas consists of methane and carbon dioxide. It is produced as the waste in the landfill site degrades. Methane can present a risk of fire and explosion. Carbon dioxide can present a risk of asphyxiation or suffocation. The trace constituents of landfill gas can be toxic and can give rise to long- and short-term health risks as well as odour nuisance.

The risks associated with landfill gas will depend on the controls in place to prevent uncontrolled release of landfill gas from the landfill site. In this case, the site through the environmental permit is monitoring sub-surface migration of landfill gas from the site. This environmental monitoring data from the site is available on our public register.
Any proposed planning application at the site allocation, would need to consider the potential risk to the development from landfill gas, ensuring appropriate assessments have been carried out to identify potential risks. Where risks are identified you should ensure that measures to address these concerns are included as part of any planning permission. The views of your local planning authority's Environmental Health and Building Control departments should be sought to ensure that any threats from landfill gas have been adequately addressed in any future proposed planning application. Where this includes building construction techniques that minimise the possibility of landfill gas entering any enclosed structures on the site, you should consider the removal of permitted development rights to ensure that these prevention measures are not compromised by future alterations/extensions. The assessment will need to take account of existing monitoring infrastructure and the location of existing boreholes.

Agents of change

The proposed site allocation lies adjacent to an existing regulated site which holds an environmental permit. For clarity, we are not currently a ‘statutory consultee’ on development adjacent to a waste deposit site or similar regulated site which may be causing, or may give rise to, emission issues due to its proximity. We would refer to the Ground Conditions and Pollution section of the National Planning Policy Framework (NPPF), including paragraphs 189-194.

Essentially, the NPPF requires that new development will need to integrate affectively with existing businesses and facilities, and that such existing development must not have unreasonable restrictions placed upon it as a result of new development being awarded planning permission. Therefore, the effects of a new development will need to be considered alongside the residual effects of relevant existing development in a location, and it will be the responsibility of the applicant to provide the necessary mitigation to ensure there will be no significant adverse effects (the ‘agent of change’ principle).
As such, if new developments are close to existing permitted sites, the ‘agent of change’ principle means that the responsibility for making new development acceptable in planning terms lies with the applicant and must not compromise the viability of the existing permitted operation. Please note, it is not our role to object to new developments on behalf of regulated operators (unless the EA is one such regulated operator, for example flood storage reservoirs) – we would expect operators to submit their own comments, should they wish, as part of the public consultation process.