• Ideally, sites for waste infrastructure have already been identified in an existing waste local plan or an emerging WDPD or LDD. In the absence of that, WDAs should ensure the criteria agreed between it and the planning authority for identifying suitable sites and areas are followed. Refer to details set out under transitional arrangements in Touch Point 1.
• It is vital that there is a dialogue with planning officers during this process as most previously developed land will have a planning history which will provide useful information and guidance as to the suitability of a site. If the WDA does not follow these locational criteria, the risks of a party not obtaining a planning permission on a site may be increased.
• The WDA will be required, as part of its OBC4 submission, to demonstrate that either it has acquired appropriate sites or has options in place over such sites. Options or similar agreements are frequently used by developers to secure a site pending submission of planning proposals. Because of the long lead in time required to obtain consent WDAs should be satisfied that the site can, in practice, be delivered and they should ensure that the appropriate option or other legal agreements are in place. This should also enhance the potential for competition and innovation.
• Even if the site is allocated in an existing waste local plan or an adopted DPD, there may be substantial public opposition to any proposal for planning permission. Consideration needs to be given as to how the WDA can engage with the public at an early stage (although practicalities are likely to suggest that such engagement should only follow either acquisition of the site or securing of an option to purchase the site in question) to explain the type of facility proposed and why there is a need for such a facility in a particular location. The local authority will have undertaken community engagement through the development of the MWMS and DPD preparation. It is hoped that this will have helped to build understanding between the local authority and the community as the latter becomes more aware and appreciative of the changes in waste management and the need for new waste infrastructure in its area.
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4 The OBC is a submission that is required by Defra in support of an application for PFI credits.