Council threatens legal action over bins left on streets

Richard Evans, Local Democracy Reporter

A north Wales council has threatened residents with “heavy-handed” legal action for leaving their bins out in the street after collection.

Residents in Denbighshire say they’ve received hand-delivered legal warnings from the council warning of prosecution or a Fixed Penalty Notice unless bins are placed back in gardens or approved storage spaces.

The notice orders residents to “TAKE NOTICE” in capital letters, referencing Section 46 of the Environmental Protection Act 1990.

“It has been observed that a waste receptacle/bin associated with the above property is repeatedly being left on the public pavement/highway outside or adjacent to the premises,” the letter warns.

The letter then says “with immediate effect” residents are “required to present household waste for collection only in the receptacle(s) provided by Denbighshire County Council”.

The notice goes on to warn that “following collection, all receptacle(s) must be returned to within the boundary of your property”, or to “another storage location approved by the council” as soon as “reasonably practicable after they’ve been emptied”.

It adds: “Receptacle(s) must not be left on the public highway, footway, verge, back street or any other area of public land except when lawfully presented for collection.”

The letter then warns residents they are “REQUIRED to comply within 7 days” and that “failure to comply with this Notice may constitute an offence” resulting “in prosecution and/or a Fixed Penalty Notice”.

Leader of the opposition and Independent party Cllr Huw Hilditch-Roberts called the letter “confusing” and “heavy-handed”.

“I’m somewhat perturbed by this because it is very confusing for residents, in that on the majority of estates and roads in Ruthin, people will put their bins onto the pavement,” he said.

“I don’t understand where the council draws the line here, because it’s not clear because I know of people who have been told to put it on the main carriageway or it won’t get collected.”

Cllr Hilditch-Roberts then pointed to the botched rollout of the bin collection and recycling scheme that has led to hundreds of missed collections over the last two years, as well as millions of pounds spent to attempt to remedy the problems.

He added: “So this just heaps confusion on the residents of Denbighshire. The rollout over the last couple of years has been quite a massive change for residents. A lot of people have struggled with collections, and now having this heavy-handed approach, which really should be an open conversation with the householders looking at solutions, not (creating) problems.”

A spokesman for Denbighshire County Council said: “The council, along with all local authorities in the UK, has powers under Section 46 of the Environmental Protection Act 1990 to set requirements for how household waste and recycling containers are presented for collection.

“These requirements can include the type and number of containers residents must use, where containers should be placed for collection, how access should be provided, what materials can be placed in them, and the steps residents need to take to ensure their waste and recycling can be safely collected.

“Where bins or recycling containers are persistently left out before or after the permitted collection period, the council may contact residents to explain the issue and give them an opportunity to put matters right. Where necessary, formal legal notices may be issued under Section 46. The purpose of these notices is to secure compliance and prevent ongoing problems for neighbouring properties and the wider community.

“Residents are asked to store their bins and recycling containers within their property boundary between collections and only place them at the designated collection point for collection. This helps to:

• Keep pavements clear and accessible for pedestrians, wheelchair users, people using pushchairs, and people with visual impairments
• Reduce the risk of waste being spilled or containers being damaged or vandalised
• Reduce the risk of pests being attracted to waste
• Prevent bins and recycling containers from being blown into the highway
• Help keep streets clean, safe, and accessible for everyone.

“Residents should place their containers at the correct collection point by 6:30am on their scheduled collection day. Collections can take place at any time up until 5:00pm, so containers should remain accessible until collection has taken place.

“Residents are encouraged to check their collection day and any specific collection requirements on the council’s website and to return their containers within their property boundary as soon as reasonably possible after collection.”

He added: “Bringing bins in promptly after collection is a simple step that helps keep pavements clear, reduces nuisance and environmental problems, and contributes to safer, cleaner, and more accessible communities.”

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