Waste Processing Facilities: Local Environment

Debate between Rebecca Pow and Darren Jones

Wednesday 23rd October 2019 Westminster Hall

[Rebecca Pow]

I thank my hon. Friend for his intervention. Local authorities do have power and are required to act for the benefit of local people; I gather that my hon. Friend’s council has decided that its recycling facilities have to be enclosed, so that is the decision it has made for the benefit of its constituents.

Our published guidance makes it clear that when applying for an environmental permit for regulated activities, operators should make applications for both planning permission and environmental permits in parallel whenever possible. This helps the operator, the planning authority and the Environment Agency to join up, to the benefit of all concerned. I know that necessary distinctions in regulatory roles and remits can lead to particular issues on the ground. It is therefore important that all parties involved in the consideration of granting permission to and permitting regulated facilities work together openly and transparently at a local level, to achieve the best outcomes.

[Darren Jones]

The Minister will have to forgive me if I am treading on the next paragraph of her speech, but the issue here is the retrospective view. Planning permissions and environmental permits have been granted, and we are now in a position where we have too many of these facilities, too close to residents and processing too much rubbish. The question is about powers to deal with them now that those decisions have already been taken, whether at local or national level. Are there powers that the Minister can refer to that will deal with the issues already in place, or are we just discussing powers for getting this right on new applications in other areas?

[Rebecca Pow]

I thank the hon. Gentleman for his comments. Of course, powers were used in the case of the company he referred to, New Earth Solutions, in respect of the fly infestation. Action was taken, and I am told by the Environment Agency that the situation has improved and the company has subsequently complied. Clearly, the powers worked in that particular instance.

The Environment Agency is working closely with Bristol City Council and, I believe, with the hon. Gentleman, but it has not been able to identify a single source of the fly infestation. The agency would have to be very certain before it could take action, because there are 39 permitted waste facilities regulated by the Environment Agency in close proximity to Avonmouth. They manage a range of waste materials, including metals, healthcare waste, and household, industrial and commercial waste, and they will therefore all have different impacts. Not all of them will be the source of flies, noise, or dust, but all those facilities—both those that are and those that are not currently operational—are regulated by environmental permits that set out the measures with which operators are expected to comply in order to minimise any adverse impacts to local residents, businesses and the environment. So, there is a system.

The Environment Agency has a range of powers that it can use to address shortfalls in operators’ performance. In fairness, the agency has put a lot of effort, as I am sure the hon. Gentleman will agree, into investigating the potential causes of the fly infestations at Avonmouth, and it continues to work closely with local partners. I have spoken to the agency myself about how much it is doing to try to crack the situation.

It is clear that any operator who does not comply with the conditions of its permit will be subject to compliance and enforcement action by the Environment Agency, but revoking is the end of the line. What the agency really wants is to work with the businesses to make the system work, because we need places to send our rubbish. Bristol is a big city, so that is very important. Depending on the action being taken, there are different timescales, but revocation is an absolute last resort. Fly infestations can also be treated as a statutory nuisance and enforced against by the local authority—that comes under the local authority as well, so it has that power.

I understand the hon. Gentleman’s comments about the cumulative impact of the facilities. The Environment Agency investigates complaints received from local residents regarding odour, dust, noise and flies. I reiterate that although it has been possible to substantiate historic complaints in some cases, with the Environment Agency taking appropriate enforcement action, in many instances it still has not been able to identify any one source for the issue.

Although it is not in the Environment Agency’s remit to determine the locations of waste management facilities, it continues to meet the council to ensure that they work together to minimise the impact on residents. I believe it has also done a lot of work with the city council over the summer, because that is when the flies are worst, to investigate and monitor local fly populations. Officials from the Environment Agency have even toured the area with the Mayor; I believe the hon. Gentleman may have been there as well.

[Darren Jones]

indicated assent.

[Rebecca Pow]

Going on to the ground seemed to me like an eminently sensible thing to do. I gather that, following that tour, the Mayor decided that they would try to see whether they could help somewhat by looking at how local waste is collected and tasking each collection team with more emphasis on the cleanliness in its particular streets. That is just one of a list of measures that have been used to help. The Environment Agency continues to visit the permitted facilities in and around Avonmouth constantly, although those visits still do not seem to have found the one source of flies.