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.
