Decision Maker: Samantha Howell (Director - Highways & Transport)
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
To approve the reopening of nine of the 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.
This decision would in other circumstances be
taken by Cabinet. However, in circumstances where Cabinet 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 under background below 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 Cabinet.
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.
On 7 April 2020, Government published ‘Coronavirus
(COVID-19): advice to local authorities on prioritising waste
collections’. Wiltshire Council has maintained all of its
kerbside waste and recycling collection services throughout and
continues to do so. This was non-statutory guidance which
recognised 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 did 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. The council 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 remained
the case that the highest priority was to protect public health by
encouraging residents to stay at home. Therefore, the decision was
made to approve the ongoing temporary closure of ten household
recycling centres, following review of government guidance.
On 5 May 2020 Government published ‘Managing Household Waste
and Recycling Centres (HWRCs) in England during the coronavirus
(COVID-19) pandemic’. The council has reviewed this
non-statutory guidance and has carried out a risk assessment in
respect of each of its sites to ensure that they could be reopened
while protecting human health and maintaining safe systems of work.
The attached plan sets out the council’s proposals for
reopening nine of the ten sites where this objective can be
achieved.
On 12 May, Government amended The Health Protection (Coronavirus,
Restrictions) (England) Regulations 2020 to clarify that a visit to
a waste or recycling centre is a reasonable excuse for a journey
outside the home
http://www.legislation.gov.uk/uksi/2020/500/made
The decision will be reviewed as necessary following a period of
operation of the sites under the proposed restrictions and on
issuance of further Government guidance on social distancing.
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 have to be made. It is being made as an urgent
decision to enable nine household recycling centres to be opened at
the earliest opportunity
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 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 reopen the household recycling centres. There is increasing
public demand for the sites to be reopened in order to safely
dispose of excess household waste, or other waste items that may
give rise to health concerns if continued to be stored at
home
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 offended the statutory duty, however the priority was to
protect public health. The closures were in place only for the
period necessary and nine will reopen with social distance
measures.
On 12 May, Government amended The Health Protection (Coronavirus,
Restrictions) (England) Regulations 2020 to clarify that a visit to
a waste or recycling centre is a reasonable excuse for a journey
outside the home
http://www.legislation.gov.uk/uksi/2020/500/made.
Evidence of due regard having been given to the Public Sector
Equality Duty: The decision impacts on all residents.
Risk assessment: Yes. The plan to reopen includes measures to
mitigate the risk of residents not observing social distancing and
the risk of traffic queueing on the highway. There is a risk that
residents fly tip waste should they travel to the sites and find
that they are closed. Communications will include revised opening
times and need to comply with the law when disposing of
waste.
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: National
Association of Waste Disposal Officers have issued guidance on
reopening of sites and the council has consulted other councils in
the region who have reopened or are planning to reopen sites.
The council’s constitution: Yes
This contract is suitable for execution under the e-signature
process: Not applicable.
i) To reopen all household recycling centres
with additional control measures such as queue management and
restricting numbers of visitors on site. Rejected in respect of one
site due to proximity of the site to the highway leading to
problems with traffic management.
ii) To approve the ongoing temporary closure of ten household
recycling centres. Rejected following review of government guidance
published on 5 May 2020.
Conflict of Interest: Not applicable.
Background: 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: 02/06/2020
Date of decision: 12/05/2020
Accompanying Documents: