Date lodged: 30 May 2017
To ask the Scottish Government what procedure SEPA uses when considering waste management licences and exemptions, and how it consults local authorities with regard to potential planning issues.
Answered by: Roseanna Cunningham 7 June 2017
Where a proposed waste management site requires planning permission, the planning authority consults SEPA on any relevant planning matters. SEPA does not consult the local authority in relation to potential planning issues.
When considering an application for a new waste management licence, SEPA cannot issue a licence unless planning permission is in force for that use of the land. This is required by section 36 (2) of the Environmental Protection Act 1990. SEPA is also required to consult the local planning authority prior to the issue of a new waste management licence by section 36(4) of the Environmental Protection Act 1990.
Unlike waste management licence applications, there is no requirement for SEPA to consult the local planning authorities in relation to the registration of exemptions from waste management.