Recycling, household rubbish and garden waste subscription collection policies
Private/unadopted lanes, drives and shared accesses
Under Section 46 of the Environmental Protection Act 1990 (Part 2) the Waste Collection Authority (Newcastle-under-Lyme Borough Council) has the power to say where household waste and other containers are presented for collection. Non-compliance is an offence under the Act.
Under Section 45 of the Environmental Protection Act 1990 (Part 2) the Waste Collection Authority (Newcastle-under-Lyme Borough Council) has the power to decline to collect from properties which are so inaccessible or remote that the collection costs would be unreasonably high.
We will always work with residents to find bespoke solutions in such situations, however we will start by looking for locations where the containers can be presented beside the adopted highway. If you live in, or own, a property which is accessed over a private/unadopted lane, drive or shared access and are at all unsure where you should present your containers, you should contact us for clarification.
We recognise that some residents may live in properties accessed over a private/unadopted lane, drive or shared access. The council is committed to providing good services to residents and will always find a bespoke solution which works for the residents and is operationally viable for the collection service. It may be that in such a situation we may only be able to offer a collection of household waste.
The decision whether or not to drive on private/unadopted lanes, drives or shared accesses will be a managerial one based on:
risk assessment by managers focussing on health and safety risks (such as reversing in tight spaces, the risk of damage to council staff and vehicles) and the risk of causing damage to assets owned by other people (such as parked cars, manhole covers, the surface itself)
operational considerations such as the ease or otherwise of using the private/unadopted lane, drive or shared access and any other operational considerations which are relevant
If an agreement is made to use a private/unadopted lane, drive or shared access we may ask you to sign a disclaimer.