The proceedings arose from a decision of the Council taken in April 2025 to change the method of kerbside collection for recyclable household waste. The challenge raised issues concerning the statutory framework governing waste collection and recycling in Northern Ireland, including the extent to which councils are required to collect recyclable materials separately, and the circumstances in which co‑mingled collection is permitted.

In particular, the case considered duties under the Waste Regulations (Northern Ireland) especially regs 17 &18 of The Waste Regulations (Northern Ireland) 2011 as amended by The Waste (Circular Economy) (Amendment) Regulations (Northern Ireland) 2020 including the obligation on waste collection authorities to apply the waste hierarchy and to ensure that waste is collected and managed in a manner that promotes high‑quality recycling. The Regulations permit the collection of recyclable materials on a co‑mingled basis, provided that the arrangements adopted are capable of delivering effective recycling outcomes and are consistent with the statutory objectives.

A hearing in November 2025 resulted in the matter being adjourned by agreement to a rolled‑up hearing, which had been scheduled to commence on 25 February 2026 for three days.

Without prejudice to its position that the April 2025 decision was lawful, as set out in skeleton arguments filed in November, the Council reconsidered the matter at a meeting on 20 January 2026, in accordance with good administrative practice. Members considered additional points raised by the applicant since the original decision, including submissions relating to separate collection and co‑mingling under the Northern Ireland waste regime, and again resolved that household waste collection should move to a co‑mingled system.

Role of arc21

At the November hearing, Leading Counsel for the Council, Gregory Jones KC, confirmed that, notwithstanding the ongoing proceedings, the Council was continuing with the procurement process through arc21, in order to ensure that a transition to co‑mingled waste collection would be capable of implementation upon the expiry of the existing contracts towards the end of 2026.

arc21 is the regional waste management partnership representing local authorities across Northern Ireland. It supports councils by coordinating strategic planning, procuring waste treatment and recycling infrastructure on a collaborative basis, and securing economies of scale through joint procurement. In doing so, arc21 assists councils in meeting their statutory waste management duties, ensuring continuity of service, value for money, and compliance with the Northern Ireland waste and recycling framework, while allowing individual councils to determine the collection methodologies most appropriate to their local circumstances.

Following notification of the Council’s January 2026 decision, ENVA Ireland Ltd withdrew its application for judicial review. As a result, the rolled‑up hearing has been vacated. In accordance with the practice in Northern Ireland pre leave stage a no costs order was agreed. 

Representation

Gregory Jones KC of Francis Taylor Building, Temple and the Bar Library, Belfast appeared for Mid and East Antrim Borough Council, together with Mark Heaney of the Bar Library, Belfast, instructed by Seamus Shiels, Solicitor, Mid and East Antrim Borough Council.