COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, July 14, 2008

HEADED ITEM NO. 14

 

SUBMISSION TO AN BORD PLEANALA IN RESPECT OF N7 RESOURCE RECOVERY PROJECT AT BEHAN'S QUARRY, WINDMILL HILL, RATHCOOLE, COUNTY DUBLIN

TABLE OF CONTENTS

RPS has been appointed by South Dublin County Council to review Energy Answers planning application for the proposed development of a waste to energy (incineration) plant within the functional area of South Dublin County Council.

On the 12^th December 2007, An Bord Pleanála classified the proposal as being subject to the provisions of the Planning and Development (Strategic Infrastructure) Act, 2006 under Section 37(2)(a) and (c) of the Act.  The application was lodged with An Bord Pleanála on the 29^th of May 2008 and submissions from South Dublin County Council are required before the 7th of August 2008.

RPS was requested to prepare a report focusing on the proposed development and requirements of the County Development Plan and the Regional Waste Management Plan 2005-2010.

1.1        The Development

Energy Answers International proposes to develop what they term as an energy recovery facility with materials recovery in the functional area of South Dublin County Council. The facility proposes to process up to 365,000 tonnes per annum (TPA) of residual waste and produce 222,100 megawatt hours (MWh) of electricity. It is also claimed that the proposed facility will recover about 11,500 TPA of metals from the residual waste stream and produce over 23,000 TPA of an aggregate product (Boiler Aggregate) for use in the manufacture of construction products.

1.2        Site Location

The site for the proposed development is in a quarry approximately 10km from the M50 and encompasses an area of approximately 13 hectares.  The site has direct access to the N7, which already accommodates the movement of trucks in and out of the existing quarry.  Scattered residential dwellings surround the site, however the largest concentration of dwellings are located in Rathcoole, approximately 2.3kmaway, with Newcastle the next closest built up residential area, approximately 3.5km from the site.

1.3        The Technology

The proposed thermal treatment project will operate in accordance with the EU Waste Incineration Directive and will thus employ processing and incineration technology to process up to 365,000 tonnes per annum (TPA) of residual waste.  The technology is based on three integral components:

1. The Mechanical Treatment Facility

2. The Energy Recovery Facility

3. The Materials Recovery Facility

The waste is finely shredded into particle sizes 150mm or less in order to facilitate the combustion of the fuel. The shredded waste is then fed into a semi-suspension combustion boiler. The combustible materials in the waste are burned in suspension with the grate temperature controlled so as to remain below the melting points of metals and glass so that the bottom ash remains dry and granular. The amount of unburned material in the bottom ash is stated to be typically less than 1% of the bottom ash.

At the proposed facility it is planned to process the bottom ash in order to recover both ferrous and non-ferrous metals.  The portion of ash remaining after metals recovery is referred to by Energy Answers as ‘Boiler Aggregate’.  This can be used as a raw material for a number of applications including landfill gas vent material, road pavement material, construction material and in the production of concrete products. Energy Answers are proposing to construct a concrete products manufacturing facility on-site for the reuse of the boiler aggregate material.

Fly ash generated from the thermal treatment process will be conditioned on-site and Energy Answers are of the opinion that this material may be categorised as non-hazardous and suitable for use as a raw material. However as appropriate testing must be carried out to determine whether fly ash is non-hazardous and suitable for reuse, it is more likely that this material will require disposal to landfill in the short to medium term. 

In addition to treating non-pretreated residual wastes the Energy Answers facility is designed to facilitate the combustion or incineration of Refuse Derived Fuel (RDF).  These products are typically produced by Mechanical Biological Treatment (MBT) plants although the quality of RDFs can vary considerably from one technology to the next.  Energy Answers claim the proposed combustion technology is specifically designed to capture the maximum amount of energy from such fuel.

Finally, the project is expected to produce enough electricity – by renewable and environmentally sound means, to provide for the needs of 43,000 households.

In addition to planning approval the plant will require an EPA Waste Licence to enable it to operate within the limits of stated emission thresholds under the EU Waste Incineration Directive (200/76/EC).

2         South Dublin County Development Plan

2.1        Introduction

The South Dublin County Council Development Plan (hereafter the County Development Plan) prepared in 2004, sets out the planning and development objectives for the County from 2004 to 2010.  The Plan seeks to develop and improve in a sustainable manner the social, economic, cultural and environmental assets of the county.  In terms of waste management, the plan aims to comply with European, National, and Regional policy in all matters relating to the production, handling, treatment and disposal of waste within the County.

2.2        waste Policy in the development plan

In terms of reviewing the environmental and planning merits of proposed waste developments within the County, the governing policy for South Dublin County Council is established in the Waste Management Plan for the Dublin Region.  The County Development Plan clearly defines the connection between the two documents and the lead role played by the Waste Plan, and the objectives contained, in providing direction when assessing waste developments and it is stated:  

‘In accordance with the Waste Management Act 1996 (as amended), this Development Plan shall be deemed to include the objectives for the time being contained in the Waste Management Plan for the Dublin Region 1999 – 2003 (or as may be amended from time to time)’. 

Section 7.17 of the County Development Plan re-iterates that waste management policy in the functional area of South Dublin is established in the Waste Management Plan for the Region.

 ‘The Waste Management Policy of South Dublin County Council is established in the Waste Management Plan for the Dublin Region 1999 - 2003. This Plan is guided by national waste management policy as dictated by the Waste Management Act 1996 and subsequent amendments. The primary objective of the Plan is to achieve the maximum realistic level of recycling, comply with the EU Landfill Directive and achieve bulk waste reduction through thermal treatment’

 It is also outlined that the Waste Management Plan for the Dublin Region represents common regional action by the four Dublin local authorities on the basis of shared responsibility for the environment and this Development Plan shall include the objectives contained in the Waste Management Plan for the Dublin Region 1999-2003 (or as may be amended from time to time).

 South Dublin County Council has co-operated with and participated in the preparation of the Dublin Waste Management Plan for the collection, treatment, handling and disposal of wastes.  Environmental Policy (ES1) of the County Development Plan states that:

 ‘The Council will seek the co-operation of the adjoining local authorities in the planning, development and operation of disposal facilities for solid wastes of all categories.’

 Policy ES3 states that:

 ‘The Council will implement the policies and objectives of the Waste Management Plan for the Dublin Region 1999 - 2003 and subsequent revisions or updates insofar as they impact on South Dublin, and will promote recycling and biological treatment of waste in order to achieve the national targets in accordance with the Waste Management Plan. Recycling and reuse will be a priority of the Council in the disposal of waste.’

 It is evident from the County Development Plan’s policies and statements outlined above, that the requirement for waste infrastructure in the South Dublin functional area, should be determined based solely on the policy and objectives of the Regional Waste Management Plan.

 The Dublin Waste Management Plan identifies the requirement for one waste recovery facility,  located at Poolbeg with a capacity of 400,000 – 600,000 tpa and one waste disposal landfill located at Nevitt with a capacity ranging from 500,000tpa (pre waste to energy) and 350,000tpa (post waste to energy). The plan does not identify any further requirements for waste recovery facilities or waste disposal facilities in the region. 

 2.3        Planning Policy

The subject site as selected by Energy Answers is zoned in the South Dublin County Development Plan as Objective B - ‘To protect and improve rural amenity and to provide for the development of agriculture’.  The plan identifies the current quarry activities (‘Concrete/ Asphalt (etc.) plant in or adjacent to a Quarry’) at the site as being permitted in principle in this area.  ‘Permitted in principle’ is defined by the plan as ‘Land uses designated under each zoning objective as “Permitted in Principle” are, subject to compliance with the relevant policies, standards and requirements set out in this Plan, generally acceptable.’

 The below table identifies activities permitted in principle, open for consideration and those not permitted on lands zoned as ‘objective B’. The proposed thermal treatment facility does not specifically fall into a particular class of activity identified in Objective B.

 Source: South Dublin County Council Development Plan 2004-2010

 The plan describes the ‘open for consideration’ category as uses which may or may not be acceptable depending on the size or extent of the proposal and to the particular site location. Proposals in this category will be considered on their individual merits and may be permitted only if not materially in conflict with the policies and objectives of the Development Plan and if they are consistent with the proper planning and development of the particular area.

 Industry Special activities are defined in the plan as ‘the use of a building or part there of or land for any industry which requires special assessment due to its potential for detrimental environmental effects’. It is recognized that activities open for consideration under objective B of the plan include ‘Industry –special’ activities, however as this proposal is a waste management activity, the environmental services and waste management policies and objectives as outlined in the introduction must also be taken into consideration in determining whether the proposal is a material conflict.

 The waste management plans policy on self reliance states that ‘the Dublin region will aim to become self reliant in terms of waste management infrastructure’. In doing so the plan identifies the requirement for one waste recovery facility and one landfill facility.

 ‘Develop a Waste to Energy (Incineration) plant at the preferred location on Poolbeg Peninsula, Dublin 4. This will have a capacity of approximately 400,000 to 600,000 tonnes/annum, and will treat non- hazardous municipal or similar waste’

 ‘It is an objective of this Plan to provide a landfill (of up to 10 million tonne capacity) in accordance with the Dublin Landfill Siting Study 2004’.

 The Plan does not identify the requirement for a second waste recovery facility or waste disposal facility in the region.     

3         regional Waste policy objectives 

3.1        The Dublin Waste Plan and the Proposed Development

The Waste Management Plan for the Dublin Region 2005 – 2010 (hereafter the Waste Plan)prepared jointly by the four Dublin Local Authorities[1] is the regional road map for the sustainable management of waste arisings in Dublin.  The Waste Plan puts forward regional policy objectives aimed at developing integrated waste management solutions which achieve the Best Practicable Environmental Option (BPEO).

The Waste Plan is rooted in European and National Waste Policy and since 1997, following the preparation of the Dublin Waste Management Strategy, a coherent waste policy has been followed in the region.  The Waste Plan supports the implementation of best practice solutions and technology, as part of the regional strategy, to achieve ambitious landfill diversion and recycling targets.  The current Waste Plan is the second generation regional waste management plan and part of a 20 year long-term strategy for waste management in Dublin.  

Energy Answers are proposing to develop a thermal treatment facility in the South Dublin County Council area.  The proposed facility is not part of the planned waste management strategy for the region which is being delivered by the Dublin Local Authorities.  The facility is aiming to treat some waste from the Dublin Region and is also targeting wastes from Wicklow, Kildare, North East Region and the South East Region. The proposed facility is judged to be a premature development pending the future waste growth patterns in Dublin.  The financial investments made to date by the Dublin Local Authorities, in the public interest, in planning and developing these facilities will also be put at risk.    

A Planning Report (hereafter the Report) was prepared by AOS Planning Ltd in May 2008 and submitted by Energy Answers to An Bord Pleanála.  Section 2.3 The Prevailing Waste Management Plans of the report reviews specific waste management plan objectives in the context of the proposed development for the Dublin, Kildare, Wicklow and North East regions.  Section 2.3.1 of the report refers to objectives from the Dublin Waste Plan.  

3.2        Dublin’s Waste Strategy

In their Planning Report Energy Answers has selected specific objectives and comments from the Waste Plan which they consider as supporting the possible development of the proposed facility.  The Waste Plan and the objectives contained and set out the waste strategy for the region should be considered in its entirety to fully understand the development on the integrated waste system for Dublin.  The current Waste Plan is the second generation Waste Plan for the region and follows on the Dublin Waste Management Strategy and the first generation Waste Plan.

In preparing a Waste Plan the Dublin Local Authorities have statutory obligations to ensure compliance with the requirements of Section 22(6) of the Waste Management Act 1996 as amended.  In this regard the Dublin Local Authorities are required to make “reasonable and necessary” objectives so as:

“( a ) to prevent or minimise the production or harmful nature of waste,

( b ) to encourage and support the recovery of waste,

( c ) to ensure that such waste as cannot be prevented or recovered is disposed of without causing environmental pollution, and

( d ) to ensure in the context of waste disposal that regard is had to the need to give effect to the polluter pays principle,

and shall specify such measures or arrangements as are to be taken or entered into by the local authority or local authorities, with a view to securing the objectives of the plan”.

Dublin has a 20 year waste strategy which in summary aims to maximise recycling in the region, to treat residual wastes through Waste-to-Energy (WtE) (thermal treatment) and to minimise the quantity of waste sent to landfill.  The strategy chosen was found to be the Best Practical Environmental Option for the region. To achieve this strategy the Dublin Local Authorities set regional waste targets for recycling, energy recovery, and landfill and set down policy objectives to deliver the integrated system to meet these goals.

Table 3.1          Targets Adopted in the Dublin Waste Strategy and Subsequent Waste Plans

Source	Recycling	Thermal	Landfill
Households	60%	39%	1%
Commerce/Industry	41%	37%	22%
Construction/Demolition	82%	0%	18%
Total	59%	25%	16%

The current Waste Plan has adopted the regional targets and sets out extensive policy objectives to progress the development of integrated and best practice waste solutions in the Dublin context.  The Waste Plan clearly identifies the Dublin Local Authorities as having the lead role in delivering education, prevention and reuse programmes, as well as collection systems and facilities.

The development of regional-scale facilities has been a long-term priority for the Dublin Local Authorities to ensure that the objectives of the Waste Plan and obligations under the Waste Management Acts are met.   The requirement to deliver a regional WtE facility and a regional landfill facility has been part of the overall strategy for the long-term management of residual wastes generated in the region.  These facilities have been in development since the late 1990s and have both been through extensive consultation and statutory processes.    The current Waste Plan contains objectives which identify the location, capacity and possible operational arrangements for each of these planned facilities:

Develop a Waste-to-Energy (incineration) plant at the preferred location on the Poolbeg Peninsula, Dublin 4.  This will have a capacity of approximately 400,000 to 600,000 tonnes/annum and will treat non-hazardous municipal waste or similar[2].

This facility now has planning approval from An Bord Pleanála and a Waste Licence Proposed Decision from the EPA for a capacity of 600,000 tonnes per annum.

It is an objective of this Plan to provide a landfill (of up to 10 million tonnes capacity) in accordance with the Dublin Landfill Siting Study 2004.  Fingal County Council is currently carrying out an EIS for the preferred site at Nevitt[3].

The site at Nevitt is currently proceeding through the statutory planning process and has received a Waste Licence Proposed Decision from the EPA.

Section 18.16 of the Waste Plan addresses the infrastructural requirements for the region and in the accompanying Table 18.5 identifies who, either public or private operators, is responsible for the development of facilities in the region.  The regionally planned WtE and landfill facility are included in this table and the Dublin Local Authorities are identified as leading the development of each of these facilities. 

The need for a second Waste-to-Energy or thermal facility, such as the Energy Answers proposed plant, is not identified in Table 18.5.  The proposed facility is not a part of the planned waste infrastructure required to meet the regional objectives and ensure self sufficiency for Dublin’s waste.   Section 18.10 of the Waste Plan states that:

“The Dublin Region will aim to become self-reliant in terms of waste management infrastructure: waste generated in Dublin should be managed in Dublin as far as possible”.

In keeping with the proximity principle and national waste policy, the Dublin Local Authorities are developing infrastructure to minimise the amount of waste requiring treatment outside of the region.   The planned WtE and landfill facility will ensure that residual waste generated in Dublin is treated in Dublin.  The Energy Answers facility which intends to treat waste from Dublin is contrary to the Waste Plan objectives and will negatively impact on the residual waste infrastructure being developed in the region.  A risk to the future of the regional landfill could potentially result in non-combustible waste materials being exported outside of the region for treatment at alternative disposal facilities.  This scenario would be in conflict with the Dublin Local Authorities’ stated objective of self-sufficiency.

3.3        Recycling

Recycling is the cornerstone of Dublin’s waste strategy and the Dublin Local Authorities are aiming to deliver a recycling rate of 59% by 2013.  The Waste Plan contains a range of objectives to increase recycling for householders and businesses and the Dublin Local Authorities along with private operators have made significant strides towards the regional target. 

The Energy Answers Report refers to Section 11.6 of the Waste Plan and quotes from the Plan that in terms of achieving regional recycling targets “the region is still long way from reaching its recycling and recovery goals.  Waste growth is set to continue with increases in population and economic activity, so the infrastructure required must also be expanded to cope with these pressures”.  

In this context it has been claimed that the Energy Answers facility will increase recycling and recovery and help the region to deliver its goals.  The Dublin Local Authorities reject the Energy Answers argument that recycling in the region has been slow, quite the contrary is the case and the quote referenced from the Waste Plan needs to be considered in context.  

The current Dublin Waste Plan was prepared over a 2 year period from 2003 to 2005 and the data in the Plan is primarily from 2003.  In 2003 the municipal waste recycling rate was 26% and the region had considerable progress to make to meet regional targets. Since then the Dublin Local Authorities, and private collectors, have continued to improve waste services.  These activities have included the expansion of source-separated waste collection services, for households and businesses the delivery of local recycling and bring centres, additional Materials Recovery Facility capacity and the development of regional waste infrastructure. These progresses in the region have been in keeping with the objectives of the Waste Plan and a significant increase in recycling rates has been recorded.  The Dublin Waste Plan Annual Progress Report published in 2008 recorded that in 2006 municipal waste recycling had increased to 40%.  

Recycling rates are expected to increase further and it is clear that the Dublin Local Authorities in the region are delivering the necessary waste systems and infrastructure contrary to the supporting comments made by Energy Answers. 

Furthermore the technology proposed purports to increase recycling while in fact it sacrifices energy efficiency, as the shredding process requires significant internal energy consumption, to achieve modest metal recovery from the bottom ash. Such recovery is better achieved by the three bin source segregated recycling system already in place in the Dublin Region.

 Section 11.6 of the Waste Plan is entitled Recycling/Recovery Infrastructure Deficiencies and identifies the need for additional recovery infrastructure to be developed in the region.  The facilities listed include a Waste-to-Energy/Thermal Treatment facility and the Waste Plan states that a WtE facility is;

“Urgently required to meet Plan target and EU Landfill Directive targets.  This is being advanced by the local authorities through a PPP contract”.   

This background comment in the Waste Plan is further supported by policy objectives in Section 18.8 and 18.16 of the Waste Plan, which identify the WtE Facility at Poolbeg as required to treat (in the long-term) residual wastes generated in the region.  This facility as referred to in Section 3.2 of this report is part of the integrated waste system for the region and is the chosen site for the development of a WtE facility for the region.   The public WtE facility will compliment the recycling strategy in the region and will not hinder the rollout of Waste Plan recycling objectives.   The Plan does not envisage the need to develop a second thermal treatment facility in the region, such as the Energy Answers development, to treat waste from the region and to meet regional recycling or landfill diversion targets.  Furthermore this is a type of treatment not recommended in the Plan and does not conform to recycling objectives of the Plan.

3.4        Energy Recovery

Energy Recovery is part of Dublin’s waste strategy and is the Dublin Local Authorities preferred option for the long term management of residual waste arisings.  The aim is to thermally treat 25% of the waste in Dublin at the planned WtE facility at Poolbeg.   The Waste Plan policy on Energy Recovery in the region is contained in Section 18.8.

The Energy Answers Report states that “the Plan endorses the need for energy recovery plants” and quotes the following from Section 18.8 of the Waste Plan:

“Developing capacity to recover energy from the residual waste of the region is a critical element of this Plan.  This is required to meet obligations under the EU Landfill Directive, the Draft National Biodegradable Waste Strategy and the long term target of the Waste Plan”.

Energy Answers are correct in their statement that energy recovery is supported by the Dublin Local Authorities.  This has been the case since the preparation of the Dublin Waste Management Strategy (1997).  The Waste Plan contains a specific objective[4] on energy recovery identifying the local authorities as being responsible for the development of a WtE facility in the region and states:

“The Local Authorities will develop a Waste to Energy (Incineration) plant at the preferred location on Poolbeg Peninsula, Dublin 4.  This will have a capacity of approximately 400,000 to 600,000 tonnes/annum and will treat non-hazardous municipal or similar waste”.   

The objective explicitly relates to the WtE facility at Poolbeg which has been identified as the regional energy recovery facility and the Waste Plan has not identified the need to develop any other WtE facility in the region.  In addition to Section 18.8 of the Waste Plan, Table 18.5 in the Plan which identifies the proposed infrastructural requirements for the Region provides further details on the planned WtE for the region.  An extract from this table is provided below and confirms that the Plan has identified one WtE facility for the region and the local authorities as the leading developer of that facility.    

Table 3.2 Summary of Proposed WtE Requirements

(Extract from Table 18.5 of the Waste Plan)

Facility Type	Regional Capacity Required	Public	Private	PPP	Comment
WTE facility	400,000 – 600,000	Lead	-	Yes	Procurement of Dublin WTE facility underway by LAs, will be delivered via PPP contract.

The WtE facility at Poolbeg has been planned since the late 1990s and is part of the long-term coherent policy for the region.  Energy Answers in the Report refers to Section 1.1 of the Waste Plan where it states that the “delivery of infrastructure to achieve energy recovery and waste disposal capacity is behind schedule”.  The current climate has changed considerably since the wording of the Waste Plan was prepared and the WtE facility at Poolbeg has received planning permission from An Bord Pleanála and a draft EPA Waste Licence.  A contract with a service provider has been signed and the construction of the facility is due to commence in 2009.  The facility is due to be completed and operational by 2012 ensuring that regional landfill diversion targets for 2013 are met. 

The requirement to develop additional energy recovery capacity greater than the required regional capacity is not identified in Table 18.5 and conflicts with Energy Answers opinion that the proposed facility will be required to meet EU Landfill Directive targets.  As stated the WtE facility at Poolbeg has an approved capacity to treat 600,000 tonnes of non-hazardous waste and when operational will ensure that regional landfill diversion targets are achieved.  Indeed the Poolbeg facility will in itself go a long way to meet the National Landfill Directive diversion targets.

Neither does the Dublin Waste Plan set any objectives to set up a Mechanical Biological Treatment (MBT) facility to generate Refuse Derived Fuel (RDF) as intended by Energy Answers – on the contrary the current Dublin Waste Plan investigated MBT and considered it inappropriate in the Dublin situation technically and environmentally.

The possibility for MBT to play a role in the context of the Dublin Region was assessed, bearing in mind that some submissions suggested it would remove the need for a WTE facility.  MBT should not be regarded as a direct alternative to WTE.  In fact, where RDF is produced by MBT the plant will form one step in a longer process where energy is recovered from waste.  Overall it was found that MBT would not offer any significant advantages for the Dublin Region[5]

 The location of the Poolbeg facility was selected following a detailed site selection study and its position in the region provides the opportunity to recover heat from the facility, in addition to electricity, and develop an extensive district heating network to assist Dublin City regeneration. This development of the heating network is underway and district heating pipes are currently being laid in the city and the plant when fully operational will have the capacity to heat over 60,000 homes. The facility will generate electricity to meet all internal energy requirements while also exporting enough electricity to equal the demand from approximately 50,000 homes.

 On 21 December 2005, the European Commission proposed a new strategy on the prevention and recycling of waste and has now approved the final text of the amending Directive. A key amendment is that incineration will now be classified as a 'recovery' operation, provided it meets certain energy efficiency standards, specified in the Directive.   Annex II of the Directive, defines the various recovery options, and outlines the conditions of energy efficiency above which an incinerator will be considered to be a recovery facility.

The design of the WtE facility at Poolbeg will maximise the potential to efficiently recover electricity and heat.  The planned facility will meet the requirements of the European Energy Efficiency Formula as set down in Annex II of the EU Waste Directive and the facility will be classed as a recovery facility. 

The proposed Energy Answers facility has been reviewed from an energy efficiency perspective and it has been shown that this facility does not meet the energy efficiency formula requirements and the proposed development would be classified as ‘disposal’. The energy efficiency result for the Energy Answers facility of 51.4 is well below the EU target of 65 for installations permitted after 31 December 2008 and therefore cannot be classed as a recovery operation under Annex II of the Directive as amended.  

The overall waste policy for the Dublin Local Authorities is to develop ‘recovery’ facilities which meet the highest environmental performance.  The classification of the proposed Energy Answers facility as a ‘disposal’ facility is in direct conflict with this requirement.    

The proposed facility is not required strategic infrastructure in terms of size or treatment for the Dublin Region and in fact would create a significant over capacity.

3.5        Landfill      

The disposal to landfill of non-combustible and similar residual wastes is part of Dublin’s waste strategy.  The Dublin Local Authorities are aiming to reduce the level of waste being sent to landfill to 16% and policy objectives on disposal in the region are contained in Section 18.9 of the Waste Plan. The Energy Answers Report has extracted the following quote in support of the proposed facility from this section:

“Even with the diversion of waste from landfill to the Dublin WtE facility there will remain a significant requirement for residual landfill disposal”.

Energy Answers state that the development of a second energy recovery facility in the region will “permit further management of waste in a manner that is recognised as being preferable to landfill”.  However it should be noted that the Energy Answers technology will also require residual landfill disposal for non combustible and similar waste fractions. As the Energy Answers proposal fails to achieve the minimum energy efficiency criteria set down in Annex II of the Amended Waste Framework Directive it is therefore classed as a waste disposal operation. .

Since the preparation of the Dublin Waste Management Strategy (1997) the Dublin Local Authorities have set out to minimise the amount of waste generated in the region for disposal to landfill.  The long-term strategy for residual waste management system has been to replace three existing landfill facilities in the region with a single WtE facility and a regional landfill.   In accordance with the obligations of Section 22(6) of the Waste Management Acts the local authorities have set “reasonable and necessary” objectives in the waste plan to ensure the implementation of the waste strategy for the region.   The specific waste disposal objective in Section 18.9 of the Waste Plan states:

“It is an objective of this Plan to provide a landfill (of up to 10 million tonne capacity) in accordance with the Dublin Landfill Siting Study 2004”.

The development of the landfill facility ensures that wastes which cannot be treated at a WtE facility can be managed and disposed safely in the Dublin Region.  It is the preferred approach of the Dublin Local Authorities to be self-sufficient in terms of treating waste generated in the region and the planned landfill is part of the required regional waste infrastructure.  A regional landfill facility provides strategic certainty to the Dublin local authorities who have responsibilities to ensure safe disposal of the waste generated in the region.   The regional landfill, which is part of the long-term waste strategy for the region, should not be put at risk because of the proposed Energy Answers facility which will itself also be a ‘disposal’ facility.

Finally the Dublin Local Authorities aim to achieve self-sufficiency and to develop the Fingal landfill is entirely consistent with the Government Policy Document ‘Taking Stock and Moving Forward’, which states:

“Clearly, facilities provided in a region must serve primarily the waste management needs of that Region”. 

The facility is also fully in compliance with the Section 60 Policy Guidance issued by the Minister for Environment Heritage and Local Government on the 3/5/2005, which states “facilities provided in a region must deal primarily with waste from that region”.  The Energy Answers proposed facility should not be viewed as an alternative to the regional landfill facility or preventing the region from a waste perspective becoming self sufficient. 

 3.6        Seveso Assessment

The Seveso Directive applies when the total quantities of substances exceed threshold quantities set out in the Directive. From an assessment of the Energy Answers EIS, it is concluded that the facility will be a top tier Seveso establishment. This is principally due to the classification of Boiler Aggregate™ as Toxic (due to the concentration of lead) and of Boiler Aggregate and Fly Ash as “Dangerous for the Environment” (N: R50-53) (due to the concentration of zinc). It should be noted that a dispensation may be granted for Boiler Aggregate™, however the fly ash quantities alone would result in classification as a top tier Seveso establishment. 

Conclusions

Energy Answers has submitted that the Board cannot rely upon the fact that the Dublin Regional Waste Management Plan envisages only one waste recovery facility for the Dublin Region and has identified the Poolbeg Peninsula as the optimum location for that facility.  In support of this contention, it relies on the wording of Section 22 subsection (10AA) of the Waste Management Act 1996, as amended by the Protection of the Environment Act 2003 which provides as follows:   

“(10AA) An application for permission under Part III of the Planning and Development Act 2000 shall not be refused by a planning authority or An Bord Pleanála solely on the ground that the development to which the application relates is not specifically referred to in the waste management plan in force in relation to the functional area of the planning authority if the planning authority or the Board, as the case may be, considers the development will facilitate the achievement of the objectives of that waste management plan.”

It is clear from the above provision that Energy Answers contention amounts to an incorrect analysis of the Board’s statutory obligations.  On a correct reading of the provision, it is clear that the Board will only be permitted to rely on the absence of mention to a development if they are otherwise satisfied that the development will assist in the achievement of the objectives of the waste management plan for the relevant functional area. 

 By corollary, if the Board is satisfied that a grant of permission for the development would be contrary to the policy objectives of the waste management plan, then the fact that the development is not identified in the plan is in itself a valid reason for refusal.  It is clear that the development of the proposed facility at the site the subject of the current application will hinder rather than facilitate the achievement of the core objectives of the Dublin Regional Waste Management Plan.

 One of these core policy objectives is the development of an integrated approach to the waste management by the four local authorities in the Region.   The prominence of this aim is apparent throughout the Plan as the following selected extracts indicate:

 “The Waste Management Plan for the Dublin Region has been developed jointly by Dublin City Council, South Dublin County Council, Fingal County Council and Dun Laoghaire-Rathdown County Council. The Dublin Region adopted a Regional Waste Management Strategy in 1997, which set out to replace a system that over-relied on landfill disposal with a new approach based on integrated waste management over a 20 year period. The first Regional Waste Management Plan became effective in 2001 and the first formal Review of the Plan has recently taken place during 2004-2005, culminating in this replacement Plan.” (Page 1 of the Executive Summary)

 “17.6 POLICY STATEMENT

 The Dublin Region will strive to implement a sustainable waste management system that is based on the principles of the EU Waste hierarchy and up to date National and EU policies……….

 ·       The integrated waste management approach will be applied to waste generated, implementing reuse, maximum recycling, recovery of energy from residual waste and minimizing landfill disposal where possible……

 ·       The Dublin Region will aim to develop an integrated suite of waste management infrastructure, to enable waste generated in the Region to be treated in the Region as far as possible, in the interests of sustainability…….(Bullet points 3 & 7 of Section 17.6)

 The integrated approach which the four authorities have decided upon involves the development of one waste recovery facility at the location identified as most suitable for that facility, namely the Poolbeg Peninsula.  The importance of adequate identification and details of the location of the waste to energy facility for the region was also identified in the Plan:

 “Section 26 of the Act makes the review, variation or replacement of a Waste Management Plan an Executive Function of the City or County Manager, rather than a Reserved Function of the Elected Representatives. Policies in the Waste Management Plan become de-facto planning policies, and in cases where conflicting objectives are found, the Waste Plan effectively supersedes the County or City Development Plan. This places extra importance on setting clear policies within the Waste Management Plan, including details of locations for proposed waste facilities. In this Plan any proposed locations for waste management facilities have been included in so far as these have been identified at the time of preparation.” (Paragraph 3, Page 4 of Part 1 of the Plan)

 Planning approval has already granted to Dublin City Council, on behalf of all four authorities, for the construction of the Waste to Energy facility on the Poolbeg Peninsula.  This approval was sought on the basis that the four authorities had agreed that this development would be the Region’s sole waste recovery facility.   The construction of another waste recovery facility at a location not identified as suitable by all four local authorities is clearly contrary to this policy objective.   On this basis and in light of the terms of subsection 22(10AA) of the Waste Management Act 1996, it is the case that the Board has the requisite statutory authority to refuse the current application solely on the grounds that neither the development itself nor its location has not been identified in the Regional Waste Management Plan, should it so choose.

 Additionally, in making its decision the Board is also permitted to take into account any factors which would defeat the policy objectives of the Regional Waste Management Plan.  As such, the Board must consider the economic implications for the Waste to Energy facility at Poolbeg which flow from the construction of the current development.  If the grant of the current application were to render as uneconomic the operation of the Poolbeg facility and in turn defeat the stated policy objective of the Waste Management Plan, without supplying an appropriate alternative, then it would be appropriate for the Board to have regard to this fact. 

 In summary the proposed facility should be refused planning permission because;

 It fails to comply with the aims and objectives of the Dublin Waste Management Plan

1. It is not required strategic waste infrastructure in terms of size or process type for the Dublin Region and in fact provides over capacity of currently approved plants.
2. It is not best available technology in terms of energy efficiency and it is a ‘disposal’ rather than a ‘recovery’ under EU rules.
3. No other similar plants have been constructed in the world apart from the SEMASS reference facility therefore this technology can not be considered to be internationally proven..
4. It is therefore contrary to the proper planning and sustainable development of the area in which it is situated.
5. The facility will be a top tier Seveso establishment and will require assessment by the fire services and Health and Safety Authority (HSA).

 [1]Dublin City Council, Dun Laoghaire Rathdown County Council, Fingal County Council, and South Dublin County Council are the four Dublin Local Authorities.