Decision Maker: Samantha Howell (Director - Highways & Transport)
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
To approve the ongoing temporary closure of
ten household recycling centres operated on behalf of Wiltshire
Council by FCC in accordance with the Lot 2 contract and Hills
Waste Solutions in accordance with the Lot 1 contract, following
review of government guidance
2. This decision would in other circumstances
be taken by full Council. However, in circumstances where the
Council is unable to meet to expedite its functions in a timely
manner during the COVID-19 pandemic, this decision is being taken
in accordance with the power referred to in paragraph 1 above in
consultation with the Leader of the Council, Cabinet member for
Highways, Transport and Waste, Chief Executive Officers and other
Directors. This decision will be reported to the next meeting of
the Council.
On 23 March 2020 Government published guidance on staying at home
to reduce the spread of COVID-19. This set out four reasons why
people should leave the house as follows:
? Shopping for basic necessities
? One form of exercise a day
? Any medical need
? Travelling to and from work.
As a consequence, on 24 March 2020 the decision was made to approve
the temporary closure of ten household recycling centres operated
on behalf of Wiltshire Council by FCC in accordance with the Lot 2
contract and Hills Waste Solutions in accordance with the Lot 1
contract.
Government has continued to reinforce this guidance, writing to
every household to emphasise that the above reasons are exceptions
and when doing these activities people should minimise time spent
outside of the home. The continuous message is to protect public
health – stay home, protect the NHS, save lives.
On 7 April 2020, Government published ‘Coronavirus
(COVID-19): advice to local authorities on prioritising waste
collections’. At present Wiltshire Council is maintaining all
of its kerbside waste and recycling collection services. This is
non-statutory guidance which recognises that the first duty of any
local authority is to protect the health of staff and residents.
Household Waste Recycling Centres are viewed as a medium priority
under the guidance, to be kept open if it is possible, making sure
that social distancing rules can be maintained. The guidance does
not extend the list of reasons for leaving the house to include
‘travelling to and from a household recycling
centre’.
Prior to the sites being closed on 24 March 2020, there had been
reports of residents accessing the household recycling centres and
failing to ensure they were 2m apart from site staff and other
residents. I made the decision to close the household recycling
centres to assist residents in ensuring they reduce day-to-day
contact with other people, including site staff. The sites generate
approximately one million visits by residents per year, with Easter
and spring bank holidays being some of the busiest times of the
year.
Having reviewed the guidance published on 7 April 2020, it remains
the case that the highest priority is to protect public health by
encouraging residents to stay at home. The decision will be
reviewed as necessary on issuance of Government Guidance and once
Government relaxes the very limited reasons for residents to leave
their homes.
3. I confirm that in making this decision I have considered the
following in line with Wiltshire Council’s
Constitution:
Key decision requirements: Yes. Under normal circumstances such a
decision would not be made. It is being made as an urgent decision
to protect public health.
Views of relevant cabinet member(s), committee chairman, area
board(s): Yes, Approval has been given by the Leader of the Council
and Cabinet member for Highways, Transport and Waste.
Consultation with cabinet member(s), the Leader and Scrutiny (for
Executive decisions taken under Emergency Powers): Approval has
been given by the chairman of Overview and Scrutiny Management
Committee
Consultation with local members (as appropriate): Not
applicable.
Consideration of the area boards and delegated decision checklist
for officers on the issue of when and how to involve local
councillors and area boards in decisions about local services: Not
applicable.
Implication of any council policy, initiative, strategy or
procedure: Yes. There will be an impact on the delivery of the
council’s Household Waste Management Strategy, but the
priority is to protect public health.
Consultation in accordance with requirements and expectations
of
consultation with the public: No. Decision is being made as urgent
to protect public health.
Range of options available: Yes, to maintain temporary closure, to
partially lift the closure or to reopen sites
Staffing, financial and legal implications: Yes. Staffing and
financial implications are being discussed with contractors. The
council has a duty to arrange for places to be provided at which
residents may dispose of their household waste in accordance with
the Environmental Protection Act 1990 (clause 51). Closure of the
HRCs will offend the statutory duty, however the priority is to
protect public health. The closures will be in place only for the
time necessary and other mitigation measures will be
considered.
Evidence of due regard having been given to the Public Sector
Equality Duty: The decision impacts on all residents.
Risk assessment: Yes. There is a risk of challenge as the council
is failing to comply with its duty to provide sites. This could be
increased following publication of government guidance on 7 April
2020. There is a risk that residents fly tip waste or use
unlicensed carriers to remove waste. Communications will include
need to comply with the law when disposing of waste. To date there
has been no increase in flytipping following closure of the
sites.
Involvement of statutory officers and/or directors: Yes. The
Monitoring Officer and s151 Officer are aware of the decision
Regional or national guidance from other bodies: Association of
Directors of Environment, Economy, Planning and Transport and
National Association of Waste disposal Officers have reported
closure of sites by other councils in order to protect public
health.
The council’s constitution: Yes. See paragraph 1 above
This contract is suitable for execution under the e-signature
process: Not applicable.
5. i) To reopen household recycling centres
with additional control measures such as queue management and
restricting numbers of visitors on site. Rejected due to reasons
set out in paragraph 2 above and proximity of some sites to the
highway leading to problems with traffic management.
ii) To reopen one or more household recycling centres. Rejected as
this site or these sites may become even busier than they were
prior to the government guidance being introduced on 23 March
2020.
Conflict of Interest: Not applicable.
Background: 1. Pursuant to paragraph 4 of Part 3 Section D of Wiltshire Council’s Constitution, the Directors of Wiltshire Council are empowered to take all necessary decisions in cases of emergency. This decision is being taken by Parvis Khansari, Director Highways and Environment using these powers in circumstances where the Director concerned believes that there is a risk of damage to property, a threat to the health or wellbeing of an individual and/or that the interests of the Council may be compromised if this decision is not otherwise taken.
Contact: Parvis Khansari, Corproate Director - Place Email: parvis.khansari@wiltshire.gov.uk Tel: 01225 713340.
Publication date: 01/06/2020
Date of decision: 08/04/2020
Accompanying Documents: