Out-Law News 1 min. read

Waste plan does not comply with Localism Act says Inspector


A Planning Inspector has found that the North London Waste Plan (NLWP) does not comply with the duty on local authorities to cooperate with each other set out in the Localism Act.

The 15 year waste strategy was drawn up by seven London Boroughs and does not comply with the Localism Act's 'duty to cooperate because "there has not been constructive, active and ongoing engagement during the NLWP’s preparation between the North London Councils and the planning authorities to which significant quantities of waste are exported," said the Inspector.

Planning Inspector Andrew Mean made the comments in a report (1-page Word document). The public hearing on the waste strategy was adjourned in June following a claim by two regional waste bodies that they had not been consulted.

Representations were submitted by the South East Waste Planning Advisory Group and the East of England Waste Technical Advisory Body that the councils behind the NLWP had not engaged actively with the planning authorities outside London when preparing the plan. 

A spokesman for the NLWP said he was "disappointed" that the Planning Inspector has not supported its position that the plan did comply with the duty to cooperate, according to a Planning Resource report. "This means further delay and further stages for the waste plan before we can get the waste plan back to an examination," he said.

The NLWP sets out the planning framework for the London Boroughs of Barnet, Camden, Enfield, Hackney, Haringey, Islington and Waltham Forest for the next 15 years up to 2027. It identifies sites for waste management use and sets out policies for determining waste planning applications.

Further examination of the NLWP has been suspended. It is now up to the councils to decide whether they want to recommend to refuse adoption of the plan or withdraw the plan and seek to remedy the defects identified, said Mead in his paper.

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