amey waste sorting

New opening times for waste sites could mean statutory duties are not met, say Indies (updated)

This in from Cllr Julia Baker-Smith on behalf of the Island Independents. Ed


This week, the Island Independents have raised serious concerns about the reduction in hours at Afton Marsh and Lynbottom waste disposal sites.

The Independents say that it is now probable that the Council has reached a point where the severe budget cuts made by the Conservatives will mean that the minimum statutory duties of the Waste Authority (IOW Council) are not going to be met.

Reasonably accessible at all reasonable times
According to the legislation, The Environmental Protection Act 1990, the facilities should be reasonably accessible and open for the deposit of waste at all reasonable times.

The Conservative Budget, set in February, proposed both the reduction in hours at the Waste disposal sites which limited opening from 9-4pm during the Winter months and at Afton, the reductions will see it open for just two days per week.

Leader of the Island Independents Cllr Julia Baker-Smith said:

“The Conservative government have cut a third of the Isle of Wight Council’s budget in the last five years. I firmly believe that this budget round has taken the cuts to vital services such as waste below their legal statutory minimum. The legislation with regard to the accessibility of waste sites is quite clear; that they be open at all reasonable times.

“The Island Independents opposed this cut and indeed, demonstrated to the Conservatives that it was unnecessary as the Independents would have retained the service at its current levels in the alternative budget they presented.

“The way statutory duties are defined is often a complex legal matter, but if minimum statutory levels are starting to fail on more visible services like waste, the fear is that they are also going to fail in other areas of service – such as care – as well. The very real risk is that these cuts are going to be challenged legally in the coming year.”

Cllr John Medland, Independent Councillor for Freshwater South added:

“Afton Marsh was open for three days a week, but to reduce it to two, in addition to reducing opening hours could not be considered anything like reasonable.

“The greater danger is that this measure will probably lead to an increase in fly tipping and the unacceptable effect that has on our community.”


OnTheWight sought a response from the Leader of the Leader of the Isle of Wight council, Dave Stewart. Ed

“Changes remain within statutory requirements”
In response to the release, Cllr Stewart told OnTheWight,

“The council passed a lawful and balanced budget in February which had cross party support. This included plans to adjust arrangements for waste collection and disposal. It is the administration’s position that the changes remain within statutory requirements.

“I do not intend to respond further to the ‘political rhetoric’ as this has been addressed before and we clearly hold a different view to that of Councillor Baker-Smith and Councillor Medland.

“I would however confirm that alternative arrangements such as the ability for residents to have their garden refuse collected from their home on a regular basis will in fact offer an improved service. Mobile disposal units visiting local communities has been well received and is likely to reduce the need to travel distance by car to use refuse disposal sites. Work is also underway to assess the impact of change and this can be reviewed by the new administration when they are elected in May.”