Private Bin Collection for C2 Use - Can this be secured by s106?

2020-01-14T13:57:15Z

We have an application for a C2 retirement village and extra care facility where the bin stores proposed do not meet the Council's waste requirements. The waste department has therefore objected. The applicant advises that they will use a private bin collector and that we should consider conditioning this or using s106 provisions, which would overcome the waste department objection. However, the Council has a legal duty under the Environmental Protection Act 1990 to collect household waste and C2 occupiers who pay council tax are regarded as households (not private care home occupants).

Is it therefore possible to impose a condition or s106 agreement as the applicant suggests, particularly noting that the charge for a private bin collection will no doubt be passed on to the occupiers in the way that open space maintenance charges are passed on? There is a fundamental difference with the open space maintenance charges though in that there is no statutory duty for a Council to adopt and maintain the open space created by development, yet there is a statutory duty to collect household bins.

Any advice would be welcomed.