Site Waste Management Plans Planning Agents’ Forum Presentation – September 2009 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 Benefits to LAs: 13% of all materials delivered to site enter the waste stream directly without ever having been used • 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 SECBE survey results Sept 2008 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 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 (50-250 sq m residential or 40-200 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 23rd 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
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