A ROW has broken out over whether new charges to dispose of DIY waste at the borough’s recycling centre are legal.
The Liberal Democrats say that their research shows the fees, introduced last year, should not be charged and are calling on the councils to issue immediate refunds.
They argue that the then Conservative and Liberal Democrat coalition government outlawed charging for the disposal of DIY Waste in 2015. This was, they said, confirmed by the government in November last year.
But Cllr Angus Ross, the Executive Member for Environment on Wokingham Borough Council, hit back, saying that the Liberal Democrats were using the issue for political point scoring.
Cllr Clive Jones, Liberal Democrat spokesperson on environmental issues, said: “RE3 should immediately stop charging for the disposal of DIY waste until the legality of the charges introduced by RE3 on July 1st last year has been established. And if they turn out not to be legal, everyone who has been charged for this service in the last six-and-a-half months should get a full refund.”
He added that the letter from the Department for Communities and Local Government, sent to a Cllr for Dorking South, revealed: “The Local Authorities (prohibition of Charging Residents to Deposit Household Waste) Order 2015 does indeed prevent local authorities from charging their residents to dispose of household waste and recycling at household waste recycling centres.
“In its 2011 Waste Review, the Government made a formal commitment to ensuring that households have access to Household Waste Recylcing Centres where they can deposit their waste and recycling free at the point of use. Long standing legislation passed by Parliament requires that municipal services are provided free of charge to householders for the disposal of household waste.
“Guidance on HWRCs, produced by WRAP, is clear – the prohibition of charging should extend to household waste from DIY.”
However, the letter adds: “Local authorities can of course charge for the disposal of non-household waste such as car tyres, and construction and demolition waste.”
As a result, Cllr Jones wrote to Cllr Ross asking to stop all charges at the re3 recycling centres in Reading and Bracknell until the “true legal position is clarified beyond doubt”.
He added: “I am sure that you will agree with me that this is the correct thing to do and that it should be done as soon as possible. It seems to me that stopping the charges from Friday 20th January 2017 is reasonable.”
But Cllr Ross denied there is a problem with the charges.
He said: “The suggestion that re3 is charging residents illegally for the disposal of non-household waste is being used for political point-scoring and detracts from why measures like these are genuinely needed – to generate essential savings that can be used to fund frontline services for children or in adult social care at time of budget pressure.
“The re3 board, represented by councillors from Bracknell Forest, Reading and Wokingham boroughs, considers that Cllr Clive Jones has mistakenly queried the legality of the re3 charging policy. DEFRA has stated that local authorities can charge for the deposit of non-household waste at recycling centres, a position that was recently reiterated in Parliament and confirmed by the DCLG in the letter that Cllr Clive Jones refers to.
“The re3 partner councils, in common with many other local authorities, made the difficult decision to introduce charges for a small range of non-household waste to help make essential savings – an estimated £915,000 a year – that may offset some of the cuts to other council services.
“We will continue with our efficiency and savings programme, including the non-profit making charge system, because it is needed.
“We are confident the charges are legal but we will monitor this situation closely and remain in contact with other councils while awaiting clarity on the issue from Central Government.”
An update to this article appears in The Wokingham Paper dated January 26, 2017 and is on sale until February 2, 2017 at all good newsagents, supermarkets and petrol stations across the borough.