Decision details

Waste Collections for Private Road off Willow Walk, Spalding

Decision Maker: Assistant Director Communities and Operations

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Decision:

That a household waste collection service be provided on the private road off Willow Walk, Spalding as an exception to the Councils’ approved policy, subject to an appropriate indemnity agreement being entered into by the owner.

Reasons for the decision:

South Holland District Council carries out waste collections from the curtilage of properties in the district. This is a longstanding policy that was further clarified in the report of 9th June 2020. This report also provided detail of situations where, by exceptional circumstances only, consideration may be given to agreeing an indemnity, which would enable the waste collection vehicles to enter private (un-adopted) roadways for waste collections.
As part of this, it was agreed that, when a roadway is considered suitable for a potential indemnity, the Environmental Services Manager is authorised, following consultation with the Portfolio Holder for Place, to determine applications for deviation from the SHDC policy of collections from the curtilage, using the criteria set out and arrange for suitable indemnities to be created for acceptable roads.
This decision notice is published, in line with the original report, as discussions have taken place and the development off Willow Walk, Spalding, has been considered appropriate for an indemnity by virtue of its exceptional circumstances.
These circumstances are that the site, which has, due to unforeseen circumstances, been required to have a private, un adopted road. The development will be managed by a housing association and their teams and sinking fund. Assurance has been given, and will be provided as part of the indemnity, of excellent standards of upkeep and maintenance for years to come.
The road has been built to adoptable standards and tracking but cannot be adopted by Lincolnshire Highways, however it will meet the standards set for safe entry by our vehicles for waste collection.
This has been discussed and agreed by the portfolio holder as well as having had site visits from our waste services team.

Alternative options considered:

Consideration was given to whether a collection point should be required, as vehicles would not have entered the roadway, as part of our current policy to not enter private roadways. This was not considered appropriate due to the number of properties in the development and the fact the requirements for exceptional circumstances and suitable roadways, have been met for consideration of an indemnity.

Conflict of Interest: None identified

Equalities Issues: An indemnity would enable the entry of waste collection vehicles onto the private roadway and would remove the need for residents to have to present their waste at a collection point, which in some cases would be a distance from their homes as it would be located at the nearest public highway. This could have placed a burden on residents with a disability. Therefore, the indemnity supports SHDC and its residents in reducing that potential burden.

Contact: Charlotte Paine, Head of Environmental and Operational Services Email: cpaine@sholland.gov.uk.

Publication date: 23/07/2021

Date of decision: 22/07/2021