Recommendation 184

Overlaps between planning and permitting result in some developers facing lengthy waits for permits to address issues which have already been considered in the planning system. This is specifically in respect to the definition of waste and how this relates to soils and construction and demolition arisings.” 240 Box 9: Redevelopment site containing red shale A development site in the northeast included red shale, a naturally occurring bedrock. Following tests which found the rock to be chemically clean, the development proposed retaining the rock on site for reuse in the necessary earthworks. The reuse of the rock was included in the planning application and approved and included in the planning conditions. The development site is adjacent to an historic colliery and the presence of the red shale was believed to be natural bedrock which had been removed to access the coal seam. Therefore, the rock is classed as ‘extractive waste’ under the Mining Waste Directive and an environmental permit is required to reuse the red shale under an agreed Waste Management Plan—the plan is a replication of the Remediation Strategy and Earthworks Specification agreed through the planning process. Alternatively, the developer could excavate all the red shale from the site and dispose of it as waste, a costly approach. The developers applied for a permit in December 2022 and had not received it when we received evidence from Hart Environmental Ltd in June 2023. As a result, development earthworks were stalled. Source: Written evidence from Hart Environmental Ltd ( IER0034 )