Is B2 Planning Class OK for Permitted Waste Activities?
We were contacted re. B2 Use for Permitted Waste Activity. We have obtained waste permits in the past for Permitted Waste Activities on sites with B2 planning use, and we have also had the use contested. This is our research, to clarify the matter.
B2 Planning Class for Permitted Waste Activity – General UK Wide Consensus
Class B2 (General Industrial):
- Activities: Used for a wide range of industrial processes that don’t fall under Class E. This includes:
- Manufacturing (For Example Plastic Bags)
- Engineering
- Production facilities
- Machine construction/repair
- Lighter industrial uses not suitable for residential areas due to factors like noise, fumes, or machinery.
- Exclusions: B2 excludes:
- Incineration
- Chemical treatment of waste
- Landfill or hazardous waste (these are considered “sui generis” uses)
So is it OK?
So in conclusion B2 planning use is acceptable for some permitted waste activities provided they don’t include:
- incineration or
- chemical treatment of waste or
- landfill or
- hazardous waste
So being these exclusions are now known a number of permitted waste activities that could be included under B2 planning use these might include:
- waste transfer without treatment waste transport with physical treatment or thermal treatment that doesn’t involve burning.
So which Environmental Permits can be used with B2 Planning?
With regards to stand permit,therefore the below truncated list may apply:
- No1 Household, commercial and industrial waste transfer station
- No2 Household, commercial and industrial waste transfer station
- No3 Household, commercial and industrial waste transfer station with treatment
- No4 Household, commercial and industrial waste transfer station with treatment
- No10 Inert and excavation waste transfer station
- No11 Inert and excavation waste transfer station with treatment
- No5 Inert and excavation waste transfer station, less than 250,000 tonnes per year
- No6 Inert and excavation waste transfer station with treatment, less than 250,000 tonnes per year
- No12 Treatment of waste to produce soil, soil substitutes and aggregate (up to 75,000 tonnes)
- No13 Use of waste to manufacture timber or construction products
However bespoke permits may also be suitable for use under B2 Planning Use.
So That’s It Then? I can use B2!
Unfortunately it is not quite as simple as it seams.
B2 planning use allows for a variety of industrial processes, but with limitations on waste activities. Here are some examples of waste activities that might be compatible with B2 use, but remember to check with your local authority for specific regulations:
Lower-impact processing:
- Bulky waste sorting and processing: This could involve separating bulky items like furniture or appliances for reuse, recycling, or dismantling.
- Construction and demolition waste processing: Sorting, crushing, or separating inert construction waste materials (e.g., concrete, bricks, wood) for recycling or reuse.
- Paper and cardboard recycling: Sorting, baling, or shredding paper and cardboard for recycling facilities.
Important Considerations:
- Intensity of the activity: B2 is unlikely to be suitable for large-scale or intensive waste processing activities. Noise, dust, and traffic volume associated with the activity should be within acceptable limits.
- No treatment or disposal: B2 excludes waste incineration, chemical treatment, and landfill operations. These require specific planning permissions under a different class.
- Local authority policies: Even for permitted activities, your local council might have additional restrictions within their plans for B2 use class areas.
Here are some examples of waste activities that would likely NOT be suitable for B2 use:
- Chemical processing of hazardous waste
- Large-scale incineration of waste
- Landfill operations
- Large-scale composting facilities (might be considered under B2 with limitations depending on odor and traffic)
Conclusions
It cannot be said for certain as to whether a B2 use is suitable for a Permitted Waste Activity. It probably will be provided the activity doesn’t involve :
- Incineration
- Chemical treatment of waste
- Landfill or hazardous waste (these are considered “sui generis” uses)
But there are also interpretations around intensity and nature of treatments, and also local authority polices.
Whilst we not maged to find example of where a local policy may prevent B2 planning use for waste, we can envisage that “intensity” in particular could be interpreted to incorporate a broad set of meaning by local planning authorities.