Guidance

Using whole waste tyres: RPS 301

Published 19 July 2024

Applies to England

This regulatory position statement (RPS) does not change your legal requirement to have an environmental permit for a waste operation when you store and use whole waste tyres:

• in building construction
• in escape ladders in water storage reservoirs
• for fendering systems at quaysides
• as fendering on boats and vessels
• as planters used for displaying flowers and plants

However, the Environment Agency will not normally take enforcement action against you if you do not comply with this legal requirement provided that:

• your activity meets the description set out in this RPS
• you comply with the conditions set out in this RPS

In addition, your activity must not cause (or be likely to cause) pollution of the environment or harm to human health, and must not:

• cause a risk to water, air, soil, plants or animals
• cause a nuisance through noise or odours
• adversely affect the countryside or places of special interest

Activity this RPS applies to

This RPS applies to the use of whole waste tyres

• in building construction
• in escape ladders in water storage reservoirs
• for fendering systems at quaysides
• as fendering on boats and vessels
• as planters used for displaying flowers and plants

Conditions you must comply with

You must store whole waste tyres at the site of use.

You must not:

• store more whole waste tyres than you are going to use
• store waste tyres for more than 3 months before they are used

For waste tyres used in building construction

You must also:

• get building regulations approval before you use waste tyres in building construction
• only use waste tyres in structural areas such as foundations and retaining walls
• ram-fill the waste tyres with earth or other similar inert materials for structural integrity

You must not:

• store and use more than 1,000 whole waste tyres at any one site
• use waste tyres in foundations that will be below the water table

For waste tyres used in escape ladders in any single water storage reservoir

You must not store and use more than 1,000 whole waste tyres.

For waste tyres used in fendering systems at any one quayside

You must not store and use more than 1,000 whole waste tyres.

For waste tyres used in fendering systems on boats and vessels

You must not store and use more than 200 whole waste tyres. 

For waste tyres used for planters to display flowers and plants

You must not store and use more than 50 whole waste tyres at any one site.

Things to note

This RPS relates to activities that the Environment Agency considers are potentially suitable to be an exemption under the Environmental Permitting (England and Wales) Regulations 2016.

When you must check back

The Environment Agency will review this RPS by 1 May 2027.

The Environment Agency can withdraw or amend this regulatory position before the review date if they consider it necessary. This includes where the activity that this RPS relates to has not changed.

You will need to check back from time to time, including at and before the review date, to see if this RPS still applies.

This RPS remains in force until it is removed from GOV.UK or is otherwise identified as having been withdrawn.

You can subscribe to email updates about this RPS. These will tell you if the RPS has changed and when it has been withdrawn.

If you cannot comply with this RPS

If you operate under this RPS but can no longer comply with it, you must:

• stop the activity to which this RPS relates
• tell the Environment Agency immediately

Contact the Environment Agency

If you have any questions about this RPS, email enquiries@environment-agency.gov.uk.