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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Is there any right of rubbish collection from your property

Resolved Question:

Is there any right of rubbish collection from your property or can a council designate an area some distance from your property, such as 40m away? thanks. Adele
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Could you please explain your situation a little more?

Customer:

I am trying to find out if there is any right to rubbish collection for my flats which have been created out of change of use. Early on in another planning permission attempt we proved a prescriptive right of way through a gate at the rear and that the previous occupant had his rubbish removed through this gate, which backs straight onto a council-owned car parking space. Now the council is say that rubbish has to be carried by owners 40m away to another point as they cannot remove the rubbish the same way due to the car parking space behind. I obviously have already tried to buy this space from the council for access without success. Not sure what rights I have now to try and get around this problem

Customer:

Hi Alex, I sent more details some time ago. Did you see that? best regards.

Alex Watts : Do the council have any form of published policy do you know?
Customer:

Where to leave blue bin bags


Putting out blue bin bags


Blue bin bags must be left out by 6.30am on your collection day:



  • Tied and left at the edge of your property on top of recycling boxes to deter animals

  • Or tied in dustbins but not wheeled bins, left at the edge of your property

  • As near to kerb as possible without causing obstruction



Flats


The bin store should be no more than 10 metres from the highway and a dropped kerb in place. There should be 1 x 360 litre wheeled bin between 3 properties which is provided by the developer. We don't provide rubbish sacks where there are bins in place. Recycling boxes should also be stored in the bin store.

Customer:

What I could find that was relevant is below. We only have a garden as they would not allow parking or a dropped kerb. Prior to being converted to flats it was offices and before that a house, always with collecting through the rear gate.

Alex Watts :

You need to report this to your Councillor. They

Alex Watts :

The Councillor should deal with this on your behalf as they are elected by you.

Alex Watts :

If that does not resolve the matter then you can write to the Chief Officer of the Council.That department will investigate the matter and report back to you.

Alex Watts :

If that does not resolve it the next step is to complain to the Local Government Ombudsman. They are free, independent and can investigate your complaint at: www.lgo.org.uk

Alex Watts :

The final step would be to issue High Court proceedings for a Judicial Review. This is where a High Court Judge considers the decision of the Council to see if it is reasonable and legal. The Court can agree with the decision or remit it back to the Council.

Alex Watts :

So there are 4 steps:

Alex Watts :

1) Councillor

Alex Watts :

2) Chief Officer

Alex Watts :

3) Ombudsman

Alex Watts :

4) High Court

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

that's brilliant Alex. Many thanks. We will start that process. best regards

Customer:

Adele

Alex Watts :

Happy to help Adele

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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