UK Recyclate threatens Ealing with TEEP legal action

The news comes as opposition councillors prepare to call the plans in for scrutiny, claiming that public consultation should be carried out on the proposals. The Labour-controlled authority plans to move from kerbside sort of recyclables with boxes to using wheeled bins.

Councillors approved the plans to introduce commingled recycling collections at a meeting last week (June 16), opting to replace the current system which has been in operation across the borough for over 10 years.

The commingled system is scheduled to be introduced from Spring 2016, and would require only minor changes to the council’s existing contract with Amey to take effect.

However, UK Recyclate director Andy Moore – one of the leading figures in the Judicial Review against the government’s interpretation of the EU Waste Framework Directive – has written to the council to warn that he is considering a legal challenge against the decision.

A spokeswoman for Ealing council confirmed that the authority had received Mr Moore’s letter, and said the borough would be responding in due course. She also confirmed that the council had carried out the ‘necessary assessments’ of the proposals.

Separate collection

Should a challenge be brought, it would test the council’s assertion in a report approved by councillors at Tuesday’s meeting that the switch to commingling would meet the requirement to collect recyclables separately as set out under the Waste (England and Wales) Regulations.

The Regulations, in effect since January, state that local authorities and contractors must collect at least paper, metal, plastic and glass separately unless it is not technically, environmentally or economically practicable (TEEP) for them to do so, or if it is not necessary to produce ‘high quality’ recycling.

In the letter, which was sent to Ealing council leader Julian Bell last Monday, Mr Moore wrote: “In my view this officer report to Cabinet appears to be a series of pretexts which might well look to recycling non-experts like reasons for system change. I am unable to see any convincing justification in it for the decision officers are recommending to members. Such a decision will end a good service for no good reason. Moreover it will put Ealing Council in breach of Waste Regulation 13 and invite legal challenge.

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“Indeed, I must tell you now that, on the basis of what I have read, if Ealing Council Cabinet decides to switch its high quality recycling service to comingled [sic] collections tomorrow evening, I will take a proposal to my company board that we apply to the High Court for permission to challenge that decision in a judicial review.”

UK Recyclate

The UK Recyclate board, which will consider the possibility for legal action, includes Mal Williams, formerly of Welsh recycling charity Cylch, Worku Lakew of the Tower Hamlets Community Recycling Consortium and former Newport Wastesavers head Michael John Croxford.

In its report, Ealing has claimed that a full TEEP assessment has been carried out and supports the proposed change in collection method. But, Mr Moore has requested a copy of the assessment which was not published ahead of the meeting. He also questioned whether the council has sought sufficient independent advice on which to make a decision.

Wheeled bins

Ealing’s Liberal Democrat council group is also currently considering whether to apply to have the decision called in for scrutiny, claiming that it should be put out for wider consultation amongst residents, many of whom object to the use of wheeled bins on streets.

A deadline of 5pm on Monday June 29 has been set for the decision to be called in, and Councillor Gary Malcolm, the Lib Dem Leader on Ealing council told letsrecycle.com that he is planning to submit a request to review the decision.

He said: “One of the biggest concerns is the lack of a consultation. I believe the Council has an obligation to consult as the proposals are a big change, and when the previous administration consulted on a similar move seven years ago most areas did not want it.”