Can A Council Legally Make You Have A Wheelie Bin If You Have No Room?

[boomish]

I wondered if there is a law to protect residents against a council forcing people to have a wheelie bin?

we live in a small front garden property, there is no room for a 4ft tall wheelie bin, do people have a right to refuse it if:

The bin is blocking the entrance to the property (fire risk)
The bin site is close to a property entrance or window (actually 2 ft above the window cill)

Appreciate any advice..

[fiction-factory]

Is there room at the back, in the shed/garage or on the pavement outside?

[woofgang]

You’d need to talk to the council. Are you the only property in your road with the problem?

[fiction-factory]

Check your local authority's website.
They may state any exemptions.
I picked one at random and this gives exemptions
http://b14kingsheath.net/wheelie-bins-kings-heath-bin-size-find-out-more

[ummmm]

Of course you can refuse it. They just won't take your bin bags.

[Mosaic]

My elderly neighbours had a half-size wheelie bin.

[boomish]

thanks for the replies, they are terraced houses so it has to be stored at the front, the road voted 100% against them, I have appealed but we are waiting to hear, others have been turned down, at a public local forum we heard out of 120 appeals only 17 were granted!
The council issued letters the day before collection stating no rubbish will be collected unless it's in a wheelie bin, the lorry was followed by officers with clipboards. Looks like we have no choice, the road is a mess of bins crammed behind walls & hedges all at different angles shoved up against the house windows. It looks awful..

[Mamyalynne]

I know that the Fire Service are against storing bins under windows and close to properties - get your local Fire Safety Officer onside for your appeals.


Example here...


http://www.cheshirefire.gov.uk/public-safety/campaigns/awareness-campaigns/wheelie-bin-fire-safety

[DSJ]

In my area, the Council provides plastic bags for such properties instead of wheelies.

[Old_Geezer]

Seems to be a case of local authorities insisting on controlling the citizens rather than wanting to serve them. Power corrupts (or brings existing corruption to the surface).

[boomish]

Thanks again for the replies, yes we have seen the Cheshire fire brigade site about Wheelie bins but when I phoned my local fire office they said there is no legal requirement. This is what I find surprising how can they block a means of escape with a massive bin, even worse is the bin it self being the fire hazard!

Does anyone know if there is a legal stance against being forced to have a bin on these grounds which seem to go against safety requirements?

[Dogsbody2]

Have you absolutely no access to the rear, or is such access merely in the 'I regard that as too difficult' category. That may have a bearing on the reasonableness of your case.

The reason why these councils want to use these bins is because it is more efficient for them, and hence it helps to avoid CT increases. If they start allowing opt outs, it defeats the whole efficiency objective.

[ummmm]

Dogsbody - Our bags/bins used to be collected from the back alley until the council bought new trucks. The new trucks are too big to fit down single alleys.

We don't have wheelie bins as not all the houses in our street have front gardens. The bin men bring their own and fill it up with recycling..when it's full they clip it onto the truck. Very noisy when it comes to the glass....it's like a street of alcoholics :-D

[boomish]

thanks for the reply, yes no acess at all to the rear it's completely sealed no rear access, honestly in favor of the bins if I had room but we don't it's really crazy to expect it to fit.
Just got an email saying our appeal had been turned down! no reason why apart from they say it we do have room. I also have a disability that means I can lift heavy items like a 4ft bin with 2 weeks of rubbish in..so no grounds there either.
I am now making an official complaint and have contacted the Ombudsman..

[fiction-factory]

ummmm- I'm wondering whether Dogsbody was asking about access to the rear for fire escape so even if a bin 'blocked' the front access (and I struggle to see how it can) the householders could escape at the back.
Or perhaps he meant store it at the back and then move it to the front on collection day

[Dogsbody2]

I'm not suggesting that this council may be persuaded, to go around the back, merely that the customer keeps it at the back, then brings it to the front. It would be unreasonable to bring a wheelie through the house, but it depends on the distance around to the back as to whether this could be a solution. Many, if not all older properties in long terraces had access passageways at frequent intervals.

[ummmm]

It has wheels so I doubt it can block an access.

I probably jumped to that conclusion because bins used to be collected from the rear of our properties.

We're lucky here as everything gets collected once a week.

[Dogsbody2]

You put this in law. There is of course no law regarding this, and the fall back from the council is probably that they decline to collect from houses that don't comply.
That doesn't mean you have no recourse, if the council behaviour is downright unreasonable.
If you have exhausted the appeal process, the next stage above is talking to the local government ombudsman.

[Dogsbody2]

See here.
http://www.lgo.org.uk/making-a-complaint/

The other port of call you may wish to consider is your MP.

[fiction-factory]

Or go to the papers and get a photo of you and your neighbours all crowded in by huge dustbins

[ummmm]

Lol Factor...and make sure there's a sad looking child...