Agenda item - Permission to Consult on Extension of Communal Refuse and Recycling

Report of the Acting Executive Director, Environment, Development & Housing (copy attached).

1)           That the Committee notes that the existing collections from basement properties are considered to present a significant risk to staff which the council has a legal duty to minimise as far as reasonably practicable.

2)           That the Committee approves consultation with the residents of Lewes Crescent, Sussex Square, Chichester Terrace, Arundel Terrace, Brunswick Square and Terrace and Palmeira Square and Adelaide Crescent on the alternative options for refuse collection, namely communal collection and bin locations or kerbside black bag collection.

3)           That the Committee approves consultation with the residents of Lewes Crescent, Sussex Square, Chichester Terrace, Arundel Terrace, Brunswick Square and Terrace and Palmeira Square and Adelaide Crescent on communal recycling.

4)           That the Committee approves consultation with the residents of Westbourne Street (southern end) Beaconsfield Road and Viaduct Road on the implementation of communal refuse and recycling collection as an alternative to kerbside refuse and recycling collections

70.1      The Committee considered a report of the Acting Executive Director, Environment, Development & Housing that sought agreement in principle to the introduction of communal refuse collection in the three Regency Squares subject to consultation with residents on their locations and options to minimise visual impact. The report also sought permission to consult on communal recycling in those areas and to consult streets that received kerbside black bag collections on the implementation of communal refuse and recycling collections.

70.2      The Chair moved a joint Labour & Co-operative Group and Conservative Group motion to amend recommendation 2.2 and to delete recommendation 2.3 as shown in bold italics as follows:

2.1            That the Committee notes that the existing collections from basement properties are considered to present a significant risk to staff which the council has a legal duty to minimise as far as reasonably practicable.

2.2            That the Committee agrees in principle to the introduction of communal refuse collection in Lewes Crescent, Sussex Square, Chichester Terrace, Arundel Terrace, Brunswick Square and Terrace and Palmeira Square and Adelaide Crescent

2.2        That the Committee approves consultation with the residents of Lewes Crescent, Sussex Square, Chichester Terrace, Arundel Terrace, Brunswick Square and Terrace and Palmeira Square and Adelaide Crescent on the alternative options for refuse collection, namely communal collection and bin locations or kerbside black bag collection.

2.3            That the Committee approves consultation with the residents of Lewes Crescent, Sussex Square, Chichester Terrace, Arundel Terrace, Brunswick Square and Terrace and Palmeira Square and Adelaide Crescent on the potential locations of communal bins.

2.4            That the Committee approves consultation with the residents of Lewes Crescent, Sussex Square, Chichester Terrace, Arundel Terrace, Brunswick Square and Terrace and Palmeira Square and Adelaide Crescent on communal recycling.

2.5            That the Committee approves consultation with the residents of Westbourne Street (southern end) Beaconsfield Road and Viaduct Road on the implementation of communal refuse and recycling collection as an alternative to kerbside refuse and recycling collections

70.3      Councillor Janio formally seconded the motion. Councillor Janio stated that whilst there was a duty upon the council to preserve the historic squares of the city, it also had a duty of care to its workforce that had to take priority in this instance. Councillor Janio hoped that a discussion could take place with residents by way of mitigating the sight of the bins.

70.4      Councillor Sykes moved a motion on behalf of the Green Group to amend recommendation 2.2, delete recommendation 2.3 and amend recommendation 2.4 as shown in bold italics below:

2.1            That the Committee notes that the existing collections from basement properties are considered to present a significant risk to staff which the council has a legal duty to minimise as far as reasonably practicable.

2.2            That the Committee agrees in principle to the introduction of communal refuse collection in Lewes Crescent, Sussex Square, Chichester Terrace, Arundel Terrace, Brunswick Square and Terrace and Palmeira Square and Adelaide Crescent

2.2        That the Committee approves consultation with the residents of Lewes Crescent, Sussex Square, Chichester Terrace, Arundel Terrace, Brunswick Square and Terrace and Palmeira Square and Adelaide Crescent on the options for refuse collection, namely communal collection and bin locations or kerbside black bag collection or the current method of collection.

2.3            That the Committee approves consultation with the residents of Lewes Crescent, Sussex Square, Chichester Terrace, Arundel Terrace, Brunswick Square and Terrace and Palmeira Square and Adelaide Crescent on the potential locations of communal bins.

2.4            That the Committee approves consultation with the residents of Lewes Crescent, Sussex Square, Chichester Terrace, Arundel Terrace, Brunswick Square and Terrace and Palmeira Square and Adelaide Crescent on either continuing with the current method of collection or introducing communal recycling.

2.5            That the Committee approves consultation with the residents of Westbourne Street (southern end) Beaconsfield Road and Viaduct Road on the implementation of communal refuse and recycling collection as an alternative to kerbside refuse and recycling collections

70.5      Introducing the amendment, Councillor Sykes explained that the option for black bin bag collection from the pavement as detailed in the joint motion was not, in his view, a serious alternative. The bags would very likely be split by seagulls and foxes leading to mess and therefore his group could not support the motion. Councillor Sykes stated that the Green Group motion offered the status quo as an option as that would represent a fair and open consultation exercise to residents. In relation to the case made on health and safety grounds, Councillor Sykes commented that it was unfortunate that the committee had not received the relevant risk assessment to help inform them. Councillor Sykes noted that there had been only one reported health and safety incident in 13 years which he believed did not present an overwhelming case for the measures proposed. Councillor Sykes stated that he had consulted with the union representing Cityclean staff and had found they too were not particularly supportive of the measures proposed and had not received lobbying from their staff. Councillor Sykes supplemented that the consultation as proposed did not provide options but imposition. Furthermore, the change in direction of the consultation had only been communicated to residents and ward councillors in the past week and was in conflict with the discussions that had taken place up until this point. Councillor Sykes believed that the committee had an obligation to residents to carry out a full, unrestricted consultation and the subsequent report should detail heritage impact, a full breakdown of financial implications, resident opinion and a full risk assessment.

70.6      Councillor West formally seconded the motion. Councillor West stated that he did not believe the case for change based on health and safety grounds had been made. Councillor West stated that the Cityclean staff union had not received representations and the committee had not been provided the full risk assessment meaning it did not have full information before it. Furthermore, the council had an obligation to provide a full options consultation to residents as a matter of fairness and respect. With regard to Viaduct Road and Beaconsfield Road, this case differed as residents were asking for communal refuse and an issue that had his full support.

70.7      The Head of Health & Safety stated that in relation to those aspects, there was always a difficult risk management balance. Accidents occurring over time were not the only measure of assessment and exposure to risk and harm also had to be taken into account. Furthermore, the council had a duty to constantly review its safety management procedures and had to consider safer alternatives to current and established practices where they were available.

70.8      The Head of Projects & Strategy stated that regular meetings had been held with the best intention to keep residents informed of the proposals and an informal meeting had been held to discuss possible bin location. The Head of Projects & Strategy clarified that the proposals were not driven by savings and that was clear within the report. Furthermore, a number of discussions had been held with staff regarding the potential health and safety risks that refuse collection at the locations presented and the subject had been the matter of employment grievances made by a member of staff who had been fully supported by their union through that process.

70.9      Councillor Miller noted his support for the joint Labour & Co-operative and Conservative Group amendment as it would provide some options for residents. Councillor Miller stated that he was aware of the risk of slippage on the stairs around the heritage squares as he had done so himself. Councillor Miller asked if it was possible to view the consultation documents before they were sent to residents and if collections could be increased to prevent loss of parking space.

70.10   The Head of Projects & Strategy stated that once the draft consultation documents had been compiled, they would be shared with ward councillors and resident associations before being distributed. Refuse collections could certainly be maximised to reduce the impact upon parking.

70.11   Councillor Barradell stated that she lived near to a conservation area so understood the concerns raised. Councillor Barradell noted that the committee had recently agreed enforcement measures that would significantly reduce incidents of fly-tipping across the city. Furthermore, Councillor Barradell observed that the refuse bins were not a permanent feature and could be moved to a different, appropriate location should objections be received from residents.

70.12   Councillor Robins asked if that if the committee refused the report recommendations and the status quo continued in relation to refuse collection, who would be accountable should there be an accident suffered by a member of council staff.

70.13   The Head of Health & Safety clarified that the council could be considered negligent if it did not undertake action to manage the health and safety risk presented to its employees.

70.14   The Chair then put the Green Group motion to the vote which failed.

70.15   The Chair then put the joint Labour & Co-operative Group and Conservative Group motion to the vote which passed.

70.16   RESOLVED-

1)           That the Committee notes that the existing collections from basement properties are considered to present a significant risk to staff which the council has a legal duty to minimise as far as reasonably practicable.

2)           That the Committee approves consultation with the residents of Lewes Crescent, Sussex Square, Chichester Terrace, Arundel Terrace, Brunswick Square and Terrace and Palmeira Square and Adelaide Crescent on the alternative options for refuse collection, namely communal collection and bin locations or kerbside black bag collection.

3)           That the Committee approves consultation with the residents of Lewes Crescent, Sussex Square, Chichester Terrace, Arundel Terrace, Brunswick Square and Terrace and Palmeira Square and Adelaide Crescent on communal recycling.

4)           That the Committee approves consultation with the residents of Westbourne Street (southern end) Beaconsfield Road and Viaduct Road on the implementation of communal refuse and recycling collection as an alternative to kerbside refuse and recycling collections