To answer the following questions from members of the public, received in accordance with Procedure Rule 10:-
i. from Daniel Kuszel of Godalming
Why has it taken this council over 2 years and counting to simply remove the private and large commercial waste bins located within the conservation area of Crown Court?
Minutes:
The following question was received from Mr Daniel Kuszel of Godalming in accordance with Procedure Rule 10:
“Why has it taken this Council over 2 years and counting to simply remove the private and large commercial waste bins located within the conservation area of Crown Court?”
The following response was provided:-
“Whilst the presence of waste bins in conservation areas can detract from the appearance of the area and is something the council continually works to minimise, the solution is never as simple as just removing the bins. In such densely occupied areas, residents and businesses often struggle to find space to store rubbish and recycling and the council has to work with them to try to find mutually acceptable solutions which minimise the impact of the area but enable them to store refuse and recycling securely so that it does not become strewn throughout the area and become an even greater environmental issue.
Councils can use powers to enforce keeping areas clear of waste storage containers. Currently, the applicable powers are Public Spaces Protection Orders and Community Protection Notices as part of the Antisocial Behaviour Crime and Policing Act 2014. Both powers require there to be a persistent and detrimental effect on the quality of life of those in the locality by the behaviour or activity and that the activity is unreasonable. Evidence of the activity needs to be provided, including evidence of how this is negatively impacting individuals and the community. Both powers can be appealed so the Council has to demonstrate the above and also demonstrate that any action taken is reasonable and proportionate to the issue. Officers have been working with Portfolio Holders for several years to find acceptable and workable solutions.
In 2014, the Portfolio Holder for Environmental Services at the time, Cllr Thornton, requested that officers investigated wheelie bin storage in public areas within Godalming and whether this could be reduced. Officers approached local businesses directly to ascertain ownership and were successful in reducing the number of bins present in areas with frequent public use by approximately half in 2014. Following the exercise, Cllr Thornton and the community were positive in his feedback for what had been achieved.
In 2016, Waverley undertook public consultation with a view to restricting the presentation times of commercial waste in high street areas. This primarily followed interest from Farnham Town Council. The consultation received limited feedback and highlighted that there were specific localised areas of concern, as opposed to a broader problem. Further work then took place with Farnham Town Council to identify where focus could be made and work to reduce commercial storage in public areas of Godalming was also continued.
In relation to the Crown Court area specifically, a recent inspection confirmed that there were 3 commercial bins. One was stored adjacent to a business on land leased from Waverley Borough Council and 2 were stored under cover of buildings at the margin of the pedestrian area. All 3 bins were typically stored tidily, locked and without adjacent littering or side waste, and the businesses have a right of access and a lack of dedicated external storage areas. Therefore, it was considered that the bins are not being stored in an unreasonable fashion and it is simply their presence which could be viewed as being antisocial.
Additionally, there are currently very few complaints received by Waverley, to justify further investigation as to whether a PSPO or CPN would be appropriate. A more recent inspection of the area has revealed that additional residential recycling bins were present in the area near to the High Street. Officers will further investigate the source of these bins and will discuss with their owners options such as reducing bin sizes and/or increasing frequency of collection so that they do not remain on the street. Officers are also about to start working with Godalming Town Council, Planning Conservation, Planning colleagues and local councillors to develop potential bin storage improvements in Great George Street, Godalming.
Addressing waste storage issues will inevitably be an ongoing area of work across the borough and officers will continue to work closely with Town and Parish Councils, residents and businesses to minimise the impact of waste storage on the community and the environment.”