The Simpler Recycling Legislation came into effect in March 2025 and aims to standardise recycling across England and includes the requirement that all households are required to have a weekly food waste collection by 31 March 2026.  The report outlines the progress that the council has made, and the challenges and additional financial burden associated with this new requirement. 

REPORT TO FOLLOW.  

Contact:  Laura Tyler (Tel: 01743 253178)

The Waste Management Services Manager introduced the report by outlining the new legal duty, arising from the Environment Act 2021 and subsequent Simpler Recycling Legislation, requiring Councils to provide weekly food waste collections to all households from 31 March 2026.  A PowerPoint presentation outlining the various options was presented to the committee and it was explained that while Shropshire had received £3.6m in capital funding, no ongoing revenue funding had been provided, creating a substantial financial challenge. 

The purpose of the report was for the committee to consider the three options detailed in table 7.9 of the report, taking into account resources and risks associated with implementing a weekly food collection, with a view to making recommendations to Cabinet on which of the proposed food waste collection options the Council should implement.  Cabinet would then be considering this at their 11^th March 2026 meeting.  These three options were as follows:

·         Option 1 – Do nothing.

·         Option 2 – Introduce a fortnightly collection of food waste to all households collected with garden waste.

·         Option 3 – Weekly food collection by introducing a fortnightly separate collection of food waste only.

It was noted that to implement Option 3 would create a £3.8m annual pressure and that the Council could not commit to delivery without clarity on funding.

Members questioned whether collecting food wastevia the paid for garden waste service would breach legislation that prohibits charging residents for food waste collection.  It was clarified that the Council would not be charging for food waste; residents paying for garden waste would simply be allowed to place food waste into that bin as an interim measure.  The fee remained solely for garden waste collection.

A question was raised about why the Council could not simply provide compost bins to all households, avoiding the need for new vehicles and revenue costs.  The Waste Management Services Manager responded that while subsidised compost bins already exist and are encouraged, not all households can compost (e.g. flats, small gardens), and that the legislation still required a collection service for food waste, not just disposal options.

Members queried whether the Council had flexibility to use another contractor instead of Veolia, since the collection of weekly food waste was not part of the original PFI contract.  It was confirmed that the Council is contractually bound to Veolia for all household waste collections.

Questions were asked about carbon impacts, with one member concerned that adding new collection rounds could create more emissions than the environmental benefit of food waste recycling.  It was explained that under modelling, the overall system, accounting for energy recovery and other recycling activities, still produced a net positive carbon outcome and that more detailed figures could be shared separately.

Several questions focused on funding and the Interim Director Financial Improvement explained that although capital funding had been given, expected revenue funding had instead been rolled into the general settlement with no identifiable allocation, leaving a £3.8m annual funding gap.  It was noted that there was currently no established case law or clear precedent regarding Defra’s response to non-compliance with statutory weekly food waste collection requirements and that other councils were facing similar challenges, largely due to financial constraints, with some looking to implement it via a staged approach.

Concerns were raised regarding residents living in flats and Houses in Multiple Occupation (HMOs) asking how a food waste service would operate in areas without garden waste bins.  It was acknowledged that around 12,000 such properties exist and that alternative smaller container systems would need to be developed so that these households could still participate.

It was questioned whether a longer formal transition periodcould be agreed with Defra, allowing the Council more time to reach full weekly collections.  In responding, the Waste Management Services Manager explained that Defra allowed long transition periods only for authorities unable to collect food waste at all and that because Shropshire was already capable of collecting food waste with garden waste, Defra had rejected such an exemption.

Clarification was sought on practical issues, including what would happen during snow disruption and whether the collection of black bin frequency might change.  It was explained that winter protocols would need revisiting because priorities could shift once food waste was separated.  It was also confirmed that three weekly refuse collections had been modelled but were not considered viable without major further discussion.

RESOLVED:

a)     Following debate, the Committee did not reach a unanimous view.  A vote resulted in an equal split (4–4) between the following two recommendations:

Recommendation 1 (supported by four members):

To recommend Option 1 (“Do nothing”), on the basis that:

·         The Council wishes to deliver Option 3 (“Weekly food collection by introducing a fortnightly separate collection of food waste only”) in full but cannot responsibly implement the statutory requirement without the necessary ongoing revenue funding from Government.

·         The Council should therefore not introduce a new unfunded statutory service and should maintain its current arrangements until Government meets its new burdens obligations.

Members supporting this recommendation considered it essential to make a stand against unfunded mandates.

Recommendation 2 (supported by four members):

To recommend Option 2 (“Introduce a fortnightly collection of food waste to all households collected with garden waste” using the existing garden waste rounds and new caddies), on the basis that:

·         This provides universal access to food waste disposal for all households.

·         It represents a practical and deliverable transitional arrangement while Government funding remains unresolved. 

·         It demonstrates progress towards compliance with statutory requirements without immediately incurring the full cost of a weekly service.

b)     Unanimous Additional Recommendation:

Regardless of the preferred option, the Committee unanimously agreed to recommend that Cabinet:

·         Undertake urgent and sustained lobbying of Government, including Defra, MHCLG, local MPs, the County Councils Network and other affected authorities.

·         Seek clarity and appropriate ongoing revenue funding to deliver weekly food waste collections as required in legislation. 

·         Work collaboratively with other Councils facing similar challenges to present a coordinated position.