Decision Maker: Assistant Director Communities and Operations
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
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
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
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.
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: firstname.lastname@example.org.
Publication date: 23/07/2021
Date of decision: 22/07/2021