Review of Policy for Charging for the Provision of Wheeled Bins to New Properties (Agenda item 14)
- Meeting of Cabinet, Tuesday, 20th November, 2012 9.30 am (Item 133.)
- View the background to item 133.
Report of Lynda Turner, Executive Member for Localism, Community & Environmental Services.
The Executive Member for Localism, Community & Environmental Services presented the report that advised Members of the result of the review of the Council’s Wheeled Bin Provision Charging Policy and sought Members’ approval for a revised Policy.
Members were informed that Full Council had previously approved a Policy for wheeled bins at new properties but it had been suspended as it was not robust. She emphasised that this revised Policy was for new properties only.
The Opposition Leader felt it had been a great shame that Scrutiny had not been able to scrutinise the Policy more thoroughly instead of rushing it through. The Executive Member apologised but assured the Opposition Leader that it had been re-written accordingly.
The Overview & Scrutiny Commission Chairman asked how this Policy sat with other local authorities and was Breckland Council on par with other schemes out there that were not able to be challenged. Members were informed that most had similar policies in place. The Interim Environmental Services Manager explained that most authorities had the same legal agreement; therefore, Breckland’s was now on a much firmer legal footing.
The Executive Member for Internal Services had noticed that Section 46(3) of the Environmental Protection Act 1990 had been mentioned within the report several times. Members’ attention was drawn to section 2.3 of the report under the heading ‘General Powers’ which highlighted that Section 46 had not been designed for discretionary services but Council’s had the power to support such a Policy under certain sections within the Localism Act.
To continue with the existing suspended Policy.
To vary the proposed revised Policy
To agree with the Policy as set out in the report.
The revised Policy would enable cost recovery and therefore budgetary savings. In addition, the Policy was designed to ensure the numbers of collections were controlled; bins presented matched the Council’s collection infrastructure; and it provided a fiscal driver to encourage reductions in residual waste presentation and increased recycling.
RESOLVED that the review of the Policy for charging for the provision of wheeled bins to new properties be approved as follows:
1) A delivery and administration charge per property be levied in accordance with Table 1 paragraph 2.2.1 (excluding VAT) of the report. The charge being irrespective of the number or size of bins delivered at any one time.
2) This charge covered the costs for the administration, procurement, storage, cleaning (if necessary) and delivery of the bins. The bins themselves would be provided free of charge to the occupier of the property for their use but remain in the ownership of the Authority and as such must remain at the property when occupiers move house.
3) Collections would only be made from Breckland District Council issued and/or approved wheeled bins.
4) To qualify for a free delivery, occupiers reporting a missing bin and requesting a replacement were required to make a written application together with signed declaration, prior to the bins being delivered, that they had undertaken all reasonable enquiries to locate their bin (s) and the bin was in fact missing/lost or stolen. Alternatively they could report the bin as stolen to the Police and obtain a crime number.
5) Residents who refuse to pay the delivery and administration charge do not receive the Council’s bin provision service and in such cases the Council would invoke the powers under Section 46 (3) of the Environmental Protection Act 1990 by service of notice on the occupier.
6) For housing developments of five or more dwellings the Council, where the developer agrees, enters into a section 106 agreement for the payment and provision of bins to the development in line with the general charging policy.
7) Where a developer refuses to enter into a section 106 agreement for the payment and provision of bins then the charge be levied on the new occupiers of the development in question.
- wheeled bin charging report V2 11-10-12, item 133. PDF 100 KB
- proforma B 121017 Policy review bins, item 133. PDF 56 KB