Clyde & Co

Register | Sign in

Home » Knowledge » Articles

Site waste management plans (SWMPs)

Site waste management plans (SWMPs)

Written by Georgina Crowhurst and Simone Davidson
First published by Lexology

January 08

The Department for Environment Food and Rural Affairs (Defra) has recently published a summary of responses to its consultation on compulsory SWMPs (which closed on 9 July 2007). The responses show general support for the introduction of compulsory SWMPs.    

SWMPs were introduced on a voluntary basis in 2004 and were largely only embraced by the bigger construction companies. Defra is now finalising regulations concerning SWMPs with a view to making them compulsory in April 2008

What is an SWMP?

An SWMP details the amount and type of waste produced on a construction site, setting out how it will be recycled, reused or disposed of. The plan should be updated throughout the construction process.

What are Defra's proposals? 

  • SWMPs are to be compulsory for projects above a certain value. Currently this has been set at projects above £250,000, calculated by the total value of materials and labour, with further recording requirements for projects over £500,000
  • SWMPs would not need to be submitted to a regulator (Environment Agency and local authorities) but rather held on site until and if requested 
  • New offences are being proposed for companies, directors and managers, for failing to keep an SWMP and so responsibility to produce and implement SWMPs needs to be carefully considered

These proposals may change in light of some of the key responses received. Examples of some of these responses included the risk that contractors might split projects into several parts to fall below the project threshold and that preventing waste crime needs to be balanced with keeping regulatory burdens on smaller companies to a minimum.