Consultation outcome

Summary of responses and government response

Updated 9 May 2024

Executive summary

Simpler Recycling is a reform to the recycling system which means that people across England will be able to recycle the same materials, whether at home, work or school, putting an end to the confusion over what can and cannot be recycled in different parts of the country.

We consulted on additional policies related to Simpler Recycling in England. These policy proposals were:

• expanding the list of relevant non-domestic premises in scope of the new requirements
• including an additional question in the upcoming digital waste tracking service

All of the proposed additional relevant non-domestic premises in scope were supported in the consultation responses, and therefore Defra intends to proceed with this policy. We will include this policy in upcoming regulations in 2024, subject to the parliamentary process. The relevant premises will be subject to the requirements of section 45AZA of the Environmental Protection Act 1990 from 31 March 2025, except for micro-firms which must comply by 31 March 2027.

We also received support for the proposal to include a question on dry recyclable waste in the forthcoming digital waste tracking service. Where dry recyclable waste is collected co-mingled from certain collection points, this will enable the waste tracking service to record which recyclable waste streams have been co-mingled. We will proceed to include this question in the service as it is developed.

Summary of the consultation

The consultation on additional policies related to Simpler Recycling in England opened on 21 October 2023 and closed on 20 November 2023.

There was a total of 146 responses. Respondents mostly belonged to the following groups:

• local authorities
• business organisations and trade bodies
• waste management companies
• academia and research
• community and charity groups
• consultancy firms
• government departments
• non-governmental organisations
• operators and re-processors
• packaging designers and manufacturers
• individuals
• those classing themselves as ‘other’

Expanding the list of relevant non-domestic premises

Defra consulted on a proposal to expand the list of relevant non-domestic premises which will be in scope of Simpler Recycling. This proposal includes several premises which are already classified as producers of ‘household waste’ in the existing Controlled Waste (England and Wales) Regulations 2012 (hereafter referred to as the Controlled Waste Regulations). This would bring these premises in scope of new section 45AZA of the Environmental Protection Act 1990, which sets out requirements for the separate collection of household waste from relevant non-domestic premises.

The additional premises we consulted on are:

• a place of worship
• a penal institute
• a charity shop selling donated goods originating from a domestic property
• a residential hostel which provides accommodation only to persons with no other permanent address or who are unable to live at their permanent address
• premises used wholly or mainly for public meetings

Expanding the list of relevant non-domestic premises: summary of responses

Question 6: Do you agree or disagree that places of worship should be included as a relevant non-domestic premises for the separate collection of waste?

Of the respondents to this question:

• 84% agreed with the policy
• 3% disagreed
• 10% were unsure
• 3% did not answer

Most local authority respondents agreed with the proposal. However, some local authorities (5% of total responses) agreed on the basis that they would be able to charge for collections; and other local authorities agreed on the basis that the volume of waste produced would be limited to that of a domestic property.

It is worth noting that places of worship would not be able to be charged for the collection of recyclable waste unless a specific article of waste exceeds 25kg of waste or does not fit in a household waste receptable, as outlined in the Controlled Waste Regulations. In these cases, as is the case for residual waste currently, a place of worship can still dispose of their recyclable waste for free at a household waste recycling centre.

Question 7: Do you agree or disagree that penal institutes should be included as a relevant non-domestic premises for the separate collection of waste?

Of the respondents to this question:

• 83% agreed with the policy
• 3% disagreed
• 10% were unsure
• 4% did not answer

Most local authority respondents agreed with the proposal. However, a small number of local authorities (2% of total responses) agreed on the basis that costs to local authorities will be recovered through charging. Under existing legislation in Schedule 1 of the Controlled Waste Regulations, local authorities can charge for collection and disposal of waste from penal institutions. These charging powers would not change under Simpler Recycling.

Question 8: Do you agree or disagree that charity shops selling donated goods originating from a domestic property should be included as a relevant non-domestic premises for the separate collection of waste?

Of the respondents to this question:

• 79% agreed with the proposal
• 8% disagreed
• 11% were unsure
• 2% did not answer

8% of responses highlighted space constraints for charity shops that are located on high streets and which might have limited space for bins. Limited space is a challenge that many premises face. However, there are available mitigations to overcome this barrier, for instance using bags instead of bins, and co-collecting appropriate recyclable waste streams. We intend to provide support and non-statutory guidance for stakeholders on measures they could take where space is more limited to enable them to meet the reforms.

8% of responses raised concerns about additional costs for charities. Some respondents considered that charity shops should pay for recycling collections as they are commercial enterprises (2%), while others (5%) argued in favour of free collections where quantities are limited to those of households. Under existing legislation in Schedule 1 of the Controlled Waste Regulations, local authorities can charge for collection of waste from charity shops selling donated goods which originated from a domestic property. Local authorities can also charge for disposal, but only for waste which has not originated from a domestic property.

Question 9: Do you agree or disagree that residential hostels which provide accommodation only to persons with no other permanent address or who are unable to live at their permanent address should be included as a relevant non-domestic premises for the separate collection of waste?

Of the respondents to this question:

• 82% agreed with the proposal
• 3% disagreed
• 11% were unsure
• 4% did not answer

4% of responses raised concerns that it may be difficult for these premises to successfully implement changes. We recognise that residential hostels may face unique challenges in managing waste at these premises. Government is developing guidance and support tools to assist premises to amend services.

4% of responses noted concerns about potential costs to the premises and the local authorities which may collect waste from them. Under existing legislation in Schedule 1 of the Controlled Waste Regulations, local authorities can charge for collection of waste from a residential hostel which provides accommodation only to persons with no other permanent address, but not disposal.

Question 10: Do you agree or disagree that premises used wholly or mainly for public meetings should be included as a relevant non-domestic premises for the separate collection of waste?

Of the respondents to this question:

• 86% agreed with the proposal
• 3% disagreed
• 8% were unsure
• 3% did not answer

6% of respondents were concerned about the potential costs to the premises and the local authorities which may collect waste from them. Under existing legislation in Schedule 1 of the Controlled Waste Regulations, local authorities can charge for collection of waste from premises used wholly or mainly for public meetings, but not disposal.

Expanding the list of relevant non-domestic premises: government response

We received strong overall support for incorporating these additional premises and therefore intend to include all of the above premises as relevant non-domestic premises for the separate collection of waste.  

We intend to make the relevant regulations in 2024, subject to the parliamentary process. All of the above premises would therefore be subject to the requirements of section 45AZA of the Environmental Protection Act 1990 from 31 March 2025, in alignment with other relevant non-domestic premises. Any relevant non-domestic premises which constitute a micro-firm – an organisation with fewer than 10 full-time equivalent (FTE) employees – will receive a 2-year exemption and only be subject to the new requirements from 31 March 2027.

As set out in the consultation, government does not intend to change the classification set out in Schedule 1 of the Controlled Waste Regulations relating to charging from these additional relevant non-domestic premises. Under these regulations, waste arising from all of the above premises is already classified as household waste. Under section 45 of the Environmental Protection Act 1990, local authorities are not permitted to charge for the collection of household waste, except where specified in regulations. See paragraph 4 of Schedule 1 to the Controlled Waste Regulations for details of when charges are permitted for collection of household waste from certain premises. In these circumstances, the local authority may recover a reasonable charge for the collection of the waste, as is currently the case. Therefore, the introduction of Simpler Recycling should not introduce higher charges for these premises.

We will monitor charges local authorities levy on non-domestic premises for recycling collections to ensure that the waste collection (and where relevant, disposal) costs for these premises remain reasonable.

We received several consultation responses regarding bulky or large waste from these premises. Note that under the Controlled Waste Regulations, local authorities can charge for the collection of any single article of waste which:

• does not fit or cannot be fitted into a receptacle for household waste provided in accordance with section 46 of the Environmental Protection Act 1990 or,
• where no such receptacle is provided, a cylindrical container 750mm in diameter and 1m in length, or
• exceeds 25kg in weight

We will develop guidance to help businesses and other organisations in scope of Simpler Recycling minimise any additional cost burden.

Additionally, respondents noted overall concern for managing additional waste streams on smaller sites, which may include many of the additional proposed premises. Government is developing tailored support and guidance for the non-household municipal sector to support successful implementation of reforms.

Note on transitional arrangements

As announced in the government response to the 2021 consultation on consistency in household and business recycling in England, we will provide named waste collection authorities with bespoke transitional arrangements, so that they have until existing long-term contracts expire, or at an earlier date as agreed, before they need to bring in separate weekly food waste collections. This is due to exceptional circumstances in which specific local authorities may need longer due to long-term waste disposal (mechanical biological treatment and energy from waste) contracts that run beyond 31 March 2026.

Through consultation, we have become aware that this issue applies not only to food waste collections from households but also food waste collections from relevant non-domestic premises. Given this, these transitional arrangements will be extended, so that relevant non-domestic premises in the affected local authority areas are not required to introduce separate food waste collections until the end of their transitional arrangement. Relevant non-domestic premises that wish to introduce food waste collections sooner than required can choose to arrange this.

Waste tracking service: summary of responses

Question 11: Do you agree with the above proposal, where dry recyclable waste is collected co-mingled from certain collection points, to use the waste tracking service to record which recyclable waste streams have been co-mingled?

Of the respondents to this question:

• 76% agreed with the proposal
• 3% disagreed
• 16% were unsure
• 2% did not answer

8% of respondents raised concerns about the additional burden that they felt the proposal could place on local authorities and waste collectors. Through this proposal, we would not record tonnages for each individual recyclable waste stream, where they have been co-mingled in the digital waste tracking system. Instead, we would simply record that they have been co-mingled. The information will be recorded on the waste tracking service by the person or organisation arranging the waste movement, which could be a waste carrier or broker, for instance.

Waste tracking service: government response

Given the positive response to the proposal, we intend to proceed with the requirement to record in the waste tracking service (where dry recyclable waste is collected co-mingled) which recyclable waste streams have been co-mingled. This forms part of the waste description where dry recyclable waste streams are collected, pursuant to sections 45A, 45AZA and 45AZB of the Environmental Protection Act 1990. The development of the digital waste tracking service is ongoing and further user engagement is planned for the coming months, including working with those who have existing IT systems for tracking waste.

As announced in the government response to the 2022 consultation on the implementation of mandatory digital waste tracking, the waste tracking service is planned to be publicly available to users on a voluntary basis in 2024. From April 2025, we intend that the relevant legislation for the waste tracking service will come into force across the UK, subject to approval across all 4 legislatures and parliamentary approval. The requirements of the regulations will be mandatory from this point and service charges will also be payable.