2.3

Update the Waste Needs Assessment (WNA) to reflect relevant legislation and associated Government plans, including the legally binding Environmental Targets (Residual Waste) (England) Regulations 2023, and the interim targets set out in the Environmental Improvement Plan (2023), and the 65% recycling target enshrined in the Waste (Circular Economy) (Amendment) Regulations 2020.

The Waste Needs Assessment (WNA) is unfit for purpose due to the failure to reflect relevant legislation and associated Government plans. Despite references to both the Environmental Improvement Plan (EIP) (2023) and the Environment Act (2021) the WNA fails to properly account for the legally binding commitment to halve the amount of residual waste going to incineration or landfill by 2042, which came into force on 30 January 2023 under the Environmental Targets (Residual Waste) (England) Regulations 2023. Furthermore, insufficient attention has been paid to the Government’s interim residual waste reduction targets as set out in the EIP. Insufficient consideration has been given in the WNA to the impact of the various measures set out in the EIP which can be expected to reduce residual waste arisings, and to the fact that additional measures can be anticipated to ensure the statutory target to halve residual waste will be met. Furthermore, the WNA is not premised on meeting the requirement for local plans to be consistent with the 65% recycling target established by the Waste (Circular Economy) (Amendment) Regulations 2020.

For evidence on national and regional incineration overcapacity see attached UKWIN briefing and associated technical annex from September 2023.

Note: Only Solutions LLP is challenging the soundness and legal compliance relating to this consultation point. We have no position on the duty to co-operate, but there is no option to indicate this in the interactive online consultation system