Appendix 4: response to government consultation on changes at household waste recycling centres
The government believes that local taxpayers deserve a comprehensive waste and recycling service in return for the council tax they pay for local services.
Household Waste Recycling Centres (HWRCs) play an important role in helping people manage the waste they produce in a convenient and sustainable way. They play a key role in supporting kerbside collections and in boosting recycling. They need to be accessible to all residents – both in when they are available, and by not charging fees that some may be unable to afford. They help ensure waste is disposed of in a responsible way, rather than being fly-tipped.
Our Resources and Waste Strategy 2018 commits us to ensuring charging regimes are clear, and to ensuring that householders are not charged for depositing small-scale construction waste (“DIY waste”) at HWRCs.
Section 51 of the Environment Protection Act 1990 requires councils who are Waste Disposal Authorities to provide residents with a place to dispose of their household waste (usually HWRCs).
The Local Government (Prohibition of Charges at Household Waste Recycling Centres) (England) Order 2015 and The Local Authorities (Prohibition of Charging Residents to Deposit Household Waste) Order 2015 prevent councils in England from charging residents to deposit household waste at HWRCs. Both Orders state that “household waste” has the same meaning as in section 75 of the 1990 Act as read with regulation 3 of, and Schedule 1 to, the Controlled Waste (England and Wales) Regulations 2012 (‘2012 regulations’). The 2015 Orders were passed to clarify the legal position that householders should be able to dispose of their household waste for free.[1]
In the 2012 regulations, “Waste from construction or demolition works, including preparatory works” is classified as industrial waste. Despite WRAP guidance to the contrary, some local authorities have continued to interpret this as including not only waste from the professional construction of buildings and their demolition, but also waste from DIY works a householder might undertake to maintain and enhance their property. As a result, in some areas, householders face charges to dispose of DIY waste at HWRCs. This is clearly against long-standing government policy, re-affirmed in 2016[2] after the passage of the 2015 Orders.
In the 2018 Resources & Waste Strategy, the government stated: “It’s important that local residents are able to dispose of their rubbish in a responsible and convenient manner. We will therefore ensure that charging arrangements in the Controlled Waste Regulations are clear, especially in relation to waste arising from small scale DIY construction activities carried out by ordinary householders with no specialist skills, which government has been clear should not be charged for. We will review Household Waste Recycling Centre services and the Controlled Waste Regulations and, subject to consultation, will amend them to ensure they remain fit for purpose, charges are fairly applied, and that services are accessible, support high levels of recycling, and deliver value for money" (p.75).
We are therefore consulting on the technical detail of our proposal to amend legislation so that local residents cannot be charged for disposing of DIY waste at their local HWRCs.
The New Burdens Doctrine (NBD) aims to make sure the local government sector gets the support they need.
DLUHC Ministers have decided to waive the NBD in relation to the DIY waste disposal proposal because this policy will ensure householders can dispose of DIY waste free of charge. This supports the government’s wider strategy on environmental protection as it will remove a financial disincentive to dispose of waste properly. DLUHC has therefore decided that LAs, which currently charge householders to dispose of DIY waste, will be required to absorb any associated costs.
The NBD is government guidance. DLUHC Ministers have the right to deviate from government guidance if there is a good reason.
Amending the legislation will help ensure DIY waste is disposed of properly, reducing the risk of waste, such as plaster board, being placed in residual waste bins. It will also reduce the potential risk of fly-tipping, littering and backyard burning, creating additional costs for local authorities and causes environmental issues.
This technical consultation will run for 12 weeks. This is in line with the Cabinet Office’s ‘Consultation Principles’ which advises government departments to adopt proportionate consultation procedures. The consultation opens on 11 April 2022 and closes on 4 July 2022.
Proposed consultation response
□ Yes
□ No
If you answered ‘Yes’ above, please give your reason.
This is optional, but if you enter your email address you will be able to return to edit your consultation response on Citizen Space at any time until you submit it. You will also receive an acknowledgement email when you complete the consultation.
Please tick only one option. If multiple categories apply to you, please choose the one which best describes you and which you are representing in your response.
□ Local authority
□ Local householder
□ Waste management company
□ Business representative organisation/trade body
□ Product designer
□ Manufacturer
□ Distributor
□ Retailer
□ Operator
□ Reprocessor
□ Community group
□ Charity or social enterprise
□ Consultancy
□ Academic or research
□ Individual
□ Other (please provide details)
We consider DIY activities to include any construction work, such as building, decorating, or repairing activities, carried out by householders by themselves in their own homes. This would not include, for example, a whole house renovation, or any work done by a tradesperson, but it might include the householder tiling a kitchen, plumbing in a sink, plastering a room, building and installing shelving, building a raised bed for a garden etc.
The government’s policy is clear that householders should not be charged to dispose of DIY waste at HWRCs. We propose that construction waste should be considered DIY Waste and classified as household waste in the 2012 Regulations when it meets certain criteria. We propose that these criteria are:
· The construction waste is produced by householders whilst carrying out construction works themselves at their home. Construction is defined in the 2012 Regulations as including improvement, repair or alteration.
· The construction waste is not produced as a result of commercial activities or by a commercial contractor charging for work in a domestic premises.
· The construction waste is of a volume, which is no greater than 300L (based on the approximate boot size of a family car).
· The construction waste is not produced on a regular basis requiring HWRC visits more frequently than once a week.
The proposed criteria are intended to allow householders to deposit DIY waste for free (as it should be treated as household waste) but for local authorities to still be able to charge for other construction waste, which is classified as industrial waste. For example, if a householder brought more than 300L of construction waste to the HWRC or brought 300L of construction waste to the HWRC on a regular basis, it would not be DIY waste and could be charged for. Equally, if a tradesperson brought any amount of construction waste, it would still be industrial waste.
□ Agree
□ Disagree
If you answered ‘Disagree’ above, please give your reason.
|
|
Agree – this should be included |
Disagree – this should be excluded |
Not sure / don’t have an opinion / not applicable |
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The waste is produced by householders whilst carrying out small-scale construction or demolition works at their home |
□ |
Disagree |
□ |
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The waste does not arise from activities that generate an income for the person who carried them out |
□ |
Disagree |
|
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The waste is not produced on a regular basis requiring HWRC visits more frequently than once a week |
□ |
Disagree |
□ |
|
The volume of waste is no greater than 300L (based on the approximate boot size of a family car) |
□ |
Disagree |
□ |
Call for evidence on booking systems at HWRCs
Government believes that it is important that local residents are able to dispose of their waste in a responsible and convenient manner. As we move away from restrictions caused by the pandemic, it is now important we move back to normality. There is increasing concern that in some cases booking systems are discouraging HWRC use, with a risk of both increased residual waste and fly-tipping as a result.
Our Resources and Waste Strategy (2018) commits to review HWRC guidance. The Environmental Protection Act 1990 requires Waste Disposal Authorities to provide HWRCs which are “available for the deposit of waste at all reasonable times”. This is potentially hard to reconcile with many booking systems, particularly those with a limited supply of appointments, or which seek to place additional burdens on local residents using them.
We are interested to understand the approach your authority intends to take in this respect, any rationale you have for maintaining the use of booking systems in place and any evidence you may have on the impacts on recycling levels in your area. We plan to review the number of booking systems which remain in place later in the year.
□ Yes
□ No
□ Residents contact us to book a specific slot
□ Residents use sites at certain times based on address, number plate, etc.
□ Other (please specify)
N/A
N/A
· Experience suggests the number of slots has to be capped, usually at a number below the standard throughput rate, to account for some residents having a significant amount of waste and therefore taking longer than average to use the sites. As a result, capacity is usually less for sites with a booking system, than those without.
· Restricting access may lead to an increase in fly-tipping of the range of materials that can be taken to sites
· Some bookings will result in no-shows, further reducing the waste deposited at the sites.
· If a site is popular, it may lead to increased complaints as a suitable time slot is unavailable.
· It excludes those who are unable to use technology to make a booking. A phone line will need to be staffed at an additional cost.
□ Retain indefinitely
□ Retain until some point in 2022
□ Unsure
□ In the process of removing
□ Will remove by a certain date
□ Other (please specify)
N/A
N/A
· Van drivers must provide proof of a Brighton & Hove address with two forms of ID such as a driver’s licence, recent utility or Council Tax bill
· If you've hired a van, you must show the rental agreement and the van will need to conform to size restrictions - you must also prove Brighton & Hove residency
· Vehicles with a gross vehicle weight of 3.5 kg or above are not allowed to enter the household waste recycling sites. This is for safety reasons.
· Trailers up to 1.2m (4ft) can access Hove HWRS during normal opening hours.
· Trailers are not permitted at Brighton HWRS at any time.
Traffic counting loops are in place to monitor usage.
On both issues, the government is of the view that there are no likely significant impacts of the proposals on those who may have protected characteristics under the Public Sector Equality Duty. Any changes will improve the provision of waste and recycling services to the general public.
Appendix A - Materials in scope
The materials listed in the table below are the kinds of materials that would be in scope for DIY waste and therefore, where the criteria for DIY waste has been met, should be accepted at HWRCs free of charge from households in the area.
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Waste types in scope |
Products in scope |
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Plastic or fibreglass |
Shower trays |
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Bath – plastic |
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Shower screen |
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Guttering |
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Drainage and sewer pipes |
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Other |
Insulation material |
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Roofing felt |
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Carpet & linoleum |
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Rubble |
|
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Bricks |
|
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Hardcore |
|
|
Concrete |
Breeze blocks |
|
Paving slabs |
|
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Lintels |
|
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Mortar and rendering |
|
|
Cement board |
|
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Mixed or powder |
|
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Glass |
Plate/sheet glass |
|
Shower screen |
|
|
Tiles |
|
|
Furniture shelving, table tops |
|
|
Gravel |
Construction or landscaping gravel or pebbles |
|
Pottery, ceramic and porcelain |
Bath |
|
Bidet |
|
|
Shower tray |
|
|
Sink or wash hand basin with pedestal |
|
|
Tiles (floor, wall) |
|
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Toilet with cistern |
|
|
Drainage and sewer pipes |
|
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Sand |
Sharp |
|
Play pit |
|
|
Sandbags (used flood defence by householders) |
|
|
Slate |
Roof/slate |
|
Soil |
Soil and clay |
|
Stone |
Flagstones |
|
Tarmac |
|
|
Turf |
|
|
Tile |
Floor/wall/roof |
|
Plaster and gypsum-based items |
|