Site Waste Management Plans Presentation – September 2009 Planning Agents’ Forum

Site Waste Management Plans Regulations 2008 Regulations effective from April 2008 Does not apply to Part A installations under Environmental Permitting (England & Wales) Regulations 2007 (PPC Installations)

What are Site Waste Management Plans? a plan that details: - the amount and type of waste that will be produced on a construction site, and - how it will be re-used, recycled or disposed of. required for development projects of a value greater than £300k additional requirements for projects over £500k

Scope Legislation only applies to projects with a value greater than £300,000 involving: construction alteration conversion fitting out commissioning renovation repair upkeep redecoration maintenance cleaning de-commissioning demolition or dismantling site clearance exploration & investigation on-site assembly disassembly including: electrical, gas, water, sewage, compressed air, hydraulic, telecommunication, computer or similar services.

Monitoring and regulation LAs and Environment Agency are able to take enforcement action EA will be able to investigate more serious waste offences Offences will include: -Failure to make or keep a SWMP -Making a false statement in a SWMP -Failure to submit supporting evidence/ documentation

Monitoring and regulation Penalties Fixed Penalty Notice of £300 On summary conviction – fine not exceeding £50,000 On conviction or indictment, a fine

Advantages of SWMPs 13% of all materials delivered to site enter the waste stream directly without ever having been used Benefits to LAs: Reductions in construction waste to landfill Targets for reduction in commercial waste can be met and exceeded Differentiation from competitors Demonstration of good environmental performance

Advantages of SWMPs Benefits to contractors: Demonstrations have shown that up to 4.5% of TURNOVER can be converted to profit! Typically this is between 1 and 3 percent For a company working on a 10% nominal margin this can significantly improve profitability SECBE survey results Sept 2008

Reception of SWMP Regulations (2008) The story so far …. SECBE Survey 2008 has revealed: 43% of LAs did not understand when a SWMP was required Over 50% of clients and contractors think the responsibility lies solely with the Environment Agency 51% of construction firms still unaware that SWMPs are mandatory for projects over £300K in England

Reception of SWMP Regulations (2008) BUT on the plus side: 45% of respondents reported money savings for their business as a direct result of the SWMP 83% have looked at the way they work and have tried to find ways to reduce the amount of waste produced 66% have also changed the way they work to prevent or reduce harm to the environment

Implementation In the light of the SWMP Regulations 2008, BHCC has: delivered training to officers on the Regulations and SWMPs re-drafted the informative and standard conditions relating to SWMPs Looked at the implications for existing policy documents e.g. SPD03, SPD08, Sustainability checklist etc.

Policy This tackles construction waste and contains ideas and suggestions for what to do about different waste types Section III – Planning Application includes mention of SWMP

Policy Specifies size of development as threshold for SWMP, not value. Captures smaller developments by asking for a Waste Minimisation Statement. Need to update the SPD03, SPD08 and Sustainability Checklist on SWMP in the light of SWMP Regs (2008)

Informative and standard condition Officers have been working on a revised Informative on SWMPs to reflect recent changes in legislation (see handout) Proposing to delete the standard condition for projects over £300k (>250 sq m residential or 200 sq m of commercial) Proposing to retain standard condition requiring Site Waste Minimisation Statement for projects less than £300K

Consultation Officers have consulted: South East Centre for the Built Environment (SECBE), who lead on the delivery of SWMP training throughout the South East Lewis & Co planning agent Senior Lawyer for Planning (BHCC) for their reaction to the draft informative and the deletion of standard condition BH05.07

Validation simplified Projects valued over £300k (>250 sq m residential or 200 sq m of commercial) are now covered by separate legislation and won’t need a SWMP for validation Projects valued under £300K ( sq m residential or sq m of commercial) will need a Site Waste Minimisation statement in compliance with Standard Condition BH05.08 At the point of validation applicants will be signposted to a link to the council’s website giving important background information on SWMPs/ Site Waste Minimisation Statements

Next steps Officers: Would like feedback from you on whether the Informative and Background Information links are useful (comments by 29 Sept – see handout) Will run a free SWMP training course for contractors on 23 rd October (spare places will be offered to Planning Agents) Will produce Addendums to SPD03, SPD08, Sustainability Checklist etc. to reflect legislative change and the new requirements Will clarify enforcement arrangements i.e. who within the council will be responsible for conducting SWMP audits