WHEELIE BINS; THE LAW
Is there a lawyer out there somewhere whose expertise includes local Councils' duties in relation to " waste disposal "and, therefore can confirm ( or deny )that the law relating to wheelie bins is still contained in Sections 45 and 46 of the Environmental Protection Act 1990 so that:-1.It is the duty of the local Council to collect household waste in its area and to provide receptacles for that.2.It is every householder's duty to provide a suitable space for those receptacles and for the collection of the waste they hold. (That allows the Council to force the removal of bushes etc. no matter how old or beautiful they are) .AND3.The receptacles must be " of such kind and number only as are reasonable. " ( Section 46(2) ).4.The reasonableness test relates, surely, solely or principally to the number of people living in each household. ( to what else can it relate?.)My house along with many in my street is small; my wife and I are the sole occupants. The house next door but one has one occupant as has the house beyond that; it also has a variety of beautiful bushes which take up most of the front garden.Despite the above, Ealing is forcing me to house in my front garden two wheelie bins and a food waste bucket; each wheelie bin is to be emptied fortnightly but the present provision of a white canvas sack and a plastic box for the waste to be taken by the wheelie bins is more than adequate to cope with that.They are less than half the size. I emailed one of our Councillors about the proposed excess of receptacles and quoted the above extracts of the Act. He sent a copy of that to Ealing's Interim Director of Environment, Darren Haneghan. He replied that Ealing did not apply the test of the number of occupants in each household...because that could and did often change (as though that would be a monumental problem ); Ealing's yardstick was the size of the space available for wheelie bins, He did not deal at all with the legal requirements although they had been set out in my email in fashion similar to the above.I do not believe that even that properly described what is going on.I was notified that my front garden had been measured and, as a result, assessed as big enough for two wheelie bins. I asked for the measurements; they were seriously wrong and I learned they were calculated by reference to Google maps. I asked for someone to visit and re-measure; that was refused on the basis that all Ealing wanted to know is if there are two patches measuring one square metre each. I do not believe there is but instead of Ealing checking on that, it refused a re-assessment.Back to the law; am I right in saying that if the size and/or number of the receptacles is not "Such kind and number as is reasonable" Ealing have failed (and in my case refused ) to provide receptacles;it surely cannot say that providing something not lawful absolves them from the duty to provide something lawful.Am I right, therefore, that putting the receptacle on your property or destroying shrubs without your consent is an actionable trespass.Ealing's only right is that given by Section 46; it has no other grounds for entry.Finally, is it not the case that this whole shoddy matter should at the very least be put on hold. I imagine that Ealing will argue it is far too late forgetting that none of us knew the size and number of these " receptacles" would be or how we should deal with them; it was just " the wheelie bins are coming"; it was only in the last few weeks tha the " assessment " took place and one of my neighbours in a building that has three flats with one occupant in each has not been told of anything though facing the possibility of 6 wheelie bins.Lawyer, please come forth; everyone else please make your views known to Mr. Haneghan and his ilk and to the Council, the Press and anyone else who could help.Mr Haneghan,to be fair on you, please argue your case.
John Gilbert ● 3765d8 Comments