ABSTRACT
The general concept is now reasonably clear. The term ‘discard’ is used in a broad sense equivalent to ‘get rid of’; but it is coloured by the examples of waste given in Annex I and the Waste Catalogue, which indicate that it is concerned generally with materials which have ceased to be required for their original purpose, normally because they are unsuitable, unwanted or surplus to requirements. That broad category is however limited by the context, which shows that the purpose is to control disposal and recovery of such materials. Accordingly, materials which are to be reused (rather than finally disposed of), but which do not require any recovery operation before being put to their new use, are not treated as waste. […]
However, if material can only be reused following a recovery operation it will continue to be regarded as waste while it is undergoing that operation. Although the decision is now rather old, R v Rotherham Metropolitan Borough Council and Another ex p Rankin (1989) The Times, 6 November provides an interesting example of the problem of deciding whether material that is being prepared for recycling is waste. Here the basic issue was whether the local planning authority erred in law by failing to treat applications for planning permission as involving waste and therefore subject to procedures providing greater opportunities for objections by neighbours.
