From 1 December contractors in England will no longer be required by law to prepare site waste management plans, the Environment Agency has confirmed.
The government’s repeal of SWMPs, which currently apply to any construction project in England costing more than £300,000 and are designed to encourage the reuse, recycling, recovery and disposal of waste, forms part of its Red Tape Challenge to remove unnecessary legislation to free up business.
However, SWMPs may still be required under BREEAM, as a condition set by planning departments or by the main contractor or client.
The plan to remove SWMPs faced considerable opposition. A Defra consultation on the repeal of legislation, concluded in July, was backed by less than half (49%) of the industry, while 49% wanted the requirement to be retained.
In addition, 73% of respondents, including contractors, private businesses, health and safety officers, local authorities and project clients, said that they expected to still use SWMPs on projects.
Of the 72 contractors that responded (by far the largest group of respondents), 41 agreed with the proposed repeal and 29 disagreed. Meanwhile, 55 said they would continue to use SWMPs, 5 were unsure and 12 said they would not continue.
Of the 72 contractors that responded (by far the largest group of respondents), 41 agreed with the proposed repeal and 29 disagreed. Meanwhile, 55 said they would continue to use SWMPs, 5 were unsure and 12 said they would not continue.
Those favouring a repeal of the regulations often cited the administrative burden and the bureaucratic nature of SWMPs. One respondent stated: “Repealing the SWMPs will be a very positive move for contractors. I believe SWMPs will remain in the industry as best practice. Without a legal backing, this permits flexibility to ensure the SWMP fits to your business needs and drivers.”
In addition, 24 respondents cited the lack of engagement with designers and architects as the regulations’ main weakness and evidence suggests that clients generally pass SWMPs onto contractors once the building has already been designed, thereby missing out on the greatest savings. The Waste Resources Action Programme (WRAP) is hoping to address this weakness in the supply chain with a new responsibility deal that focuses on the designing out of waste.
Enforcement was another key theme, with 22 respondents citing a lack of enforcement as either contributing to, or causing the failure of the regulations.
Six respondents cited the £300,000 threshold as a flaw within the regulations, as SWMPs were introduced to combat fly tipping, which is generally carried out by those working on projects of a value less than £300,000.
Others highlighted the savings made as a result of using SWMPs. Some said savings on projects were frequently more than the administrative cost of preparing a SWMP. Others said the expected annual savings to business as a result of repealing the regulations was overstated, as many businesses would still choose to continue to use SWMPs and therefore not make an administrative saving.
“The efficiencies gained through effectively managing waste have not been fully considered,” said one respondent. “A study conducted in 2009 by WRAP showed that 76% of businesses stated that the introduction of SWMP Regulations saved them money or were cost neutral.”
