Controlled Waste Regulations 2012 Policy

Publicly-funded schools and further education establishments

Local Authorities could previously only charge for the collection of waste, but not disposal, from educational establishments including universities, schools and colleges.

The new regulations now allow local authorities to also charge for disposal of waste. However an exemption applies, where publicly funded educational establishments had their waste disposed of without charge by Dorset Council prior to the new regulations coming into force; they would be able to continue to receive free of charge disposal after the Regulations came into force on 6th April 2012.  

The regulations make no distinction between local authority maintained schools and academies.  As the ability to continue to receive free of charge disposal derives from the collection of waste from premises prior to the regulations coming into force, it will therefore make no difference, and a school receiving a free collection prior to the regulations will continue to do so after any change of legal status to an academy.  
  
Where an establishment uses a commercial provider for their waste disposal, but, chooses to move to Dorset Council after the Regulations came in on 6th April, then Dorset Council will be able to charge the full cost of both collection and disposal.  

Policy recommendation:

• where Dorset Council provided a free of charge collection prior 6th April 2012 the partnership will only charge for collection (not disposal)  
• where Dorset Council charged for both collection and disposal prior to 6th April 2012 continue to charge for collection and disposal
• any new requests for collections will be charged at full collection and disposal rates   

Small and micro-businesses

The government has included the following exemption to help minimise the impact of the new Regulations on small and micro businesses.    
  
The new Regulations provide an exemption from waste disposal charges for businesses which immediately before the Regulations came into force on 6th April were (a) eligible for free waste disposal and (b) entitled to Small Business Rate Relief (SBRR). This would apply to the following businesses (as they were previously entitled to free waste disposal under the CWR 1992), provided they are also entitled to SBRR:    

• self catering accommodation  
• camping and caravan sites  
• composite hereditament (which would include childminders etc working from home)  

Policy recommendation:

• where a business meets both requirements for this exemption they would only be liable to pay a collection charge for their waste
• where a business operated from home is entitled to free disposal they would have the option of utilising spare capacity in their domestic containers for their business waste for a fixed annual charge. Extra waste would be charged at a collection only rate

Businesses employing up to 20 people  

To minimise the impact of the Regulations on firms employing up to 20 people, the new Regulations have provided that local authorities shall have the freedom to decide whether to charge for collection and disposal on a case-by-case basis, allowing them to make decisions which best support local needs and aspirations.

Those most likely to be affected are in self catering holiday accommodation and childcare (pre-school) categories.  

Policy recommendation  

That Dorset Council policy is to charge for collection and disposal of waste where the regulations allow.  Charges will not be discretionary in any circumstances as a consistent and fair approach needs to be adopted.  

The new Regulations state that ‘waste from premises used wholly or mainly for public meetings’ is to be regarded as household waste for which a collection charge, but not disposal charge, may be made.  
  
However most village and community halls which host public meetings are very often also used by clubs or societies or are hired out for events such as parties etc.  The Regulations state that ‘premises occupied by a club, society or any association’ is classified as business waste for which both collection and disposal charges apply.  
  
There is an obvious conflict between these two classifications and a policy is needed to avoid doubt.  
  
Within the Dorset Council area there is a contrast of policies in different areas regarding the services provided and the charges for these services.  There are many ways such venues deal with waste for example: some have a commercial contract, some receive a free collection, others encourage users to take waste home.  In addition a considerable number of sites have recycling bring banks located in their car parks which are also open to public use.   
  
Whilst it is appropriate that discretion is used not to charge for waste collected from halls in the first category, there is a possibility of an unfair competitive advantage given to such premises which also generates business waste and which may be in competition with other venues (which are not exempt from charges) for social events, hosting clubs etc.

Policy recommendation:

• halls used wholly or mainly for public meetings will be offered up to 240 litre of rubbish capacity and 240-litre of recycling capacity each fortnight on a collection only rate.  A weekly food waste collection can also be provided if there is demand for this. This would also be charged on a collection only rate. Please note these services would only be available once the ‘recycle for Dorset’ service is available in that area.  An alternative service will be offered in the meantime, however this may not include the same range of materials
• any additional waste generated at the premises would be classed as business waste and appropriate collection and disposal charges will apply

Note: where bring banks are located close to community or village halls for use of the general public they will remain in place.

These bring banks will be considered as part of an over-arching review into the DWP bring bank provision.  

This policy is due for review November 2024.