Controlled Waste Regulations (CWR) FAQs

South Hams District Council is responsible for ensuring that all waste and recycling produced by residents and businesses in the area is collected and disposed of correctly. Waste produced from domestic premises is usually collected for no additional charge.  However, the Controlled Waste (England and Wales) Regulations 2012 (CWR) allow the Council to charge for waste and recycling collections from certain types of properties such as those operating as a holiday let, regardless of the type or amount of waste produced.

These properties are not permitted to use the domestic service funded by the taxpayer. This includes the standard kerbside waste collections, recycling banks, litter bins and the household recycling centres, which are all funded from domestic Council Tax. Paying Business Rates does not include the provision for any waste collections.

The regulations say that domestic properties used in the course of a business for the provision of holiday lets, and other self-catering accommodation providers are to be treated as producing commercial waste and are liable for the waste collection charge. This applies regardless of whether they are Business Rated or domestic Council Tax rated; or the business only operates for a limited number of weeks each year.

The CWR service we offer enables refuse and recycling to be collected on our usual rounds. This means that we do not have to supply additional vehicles to run this service which is better for the environment and keeps the cost lower for users. The annual charge for the service is £350.

This provides for a fortnightly refuse collection and a recycling collection in line with the existing service for your area.

Any property that produces commercial waste must have a contract with a registered waste carrier to collect the refuse and recycling generated. This is either with a certified private waste contractor or with the Council’s CWR service.

When you have the service, you will be issued with a waste transfer note (Duty of Care certificate) as evidence that you are using a licensed provider and details the types of waste you are producing, frequency of collection and disposal/recycling destinations.

Failure to do so is an offence under Section 34(6) of the Environmental Protection Act 1990 and if you do not provide evidence, you may incur a Fixed Penalty Notice of up to £300.

No, you do not have to use this service, but you do have a duty of care to ensure your waste and recycling is collected, disposed, and recycled correctly with a registered waste carrier. This includes the collection of refuse and recycling from your business.

You can check whether a waste carrier is authorised on the Environment Agency online public register.

Find out more on our Licensed Waste Carriers page.

If you do have another provider collecting the waste from your premises, then you will need to be provided with a waste transfer note (Duty of Care certificate) from your waste collector detailing the waste type that is being collected. You will then be required to provide a copy of this to the Council to ensure compliance.

Unfortunately, we are not able to accept instalment payments for this service. This is an annual charge only.

Please note that the council no longer accepts cash or cheque payments.

You can sign up and pay for the CWR service using the button below.

Sign up for CWR

If the property is producing commercial waste, regardless of whether it is Council Tax or Business Rated then you are still required to have a commercial waste and recycling collection, regardless of how much waste is generated.

Taking waste home, either by the owner of the business or the visitors using the premises will mean that the waste and recycling is still going to the domestic services that are being paid for by the Council Tax payer.

It is against the law for commercial waste to be disposed of in this way.

Putting commercial waste and recycling in the recycling bank or taking it to a recycling centre will mean that the waste and recycling is still going to the domestic services that are being paid for by the Council Tax payer.

It is against the law for commercial waste to be disposed of in this way.

The responsibility for removal and disposal falls to the business owner, although we recognise that many businesses use a management company to take care of the day-to-day running of the property.

The Duty of Care must detail the address, business name and types of waste being removed and disposed of. If you do not have this and it is with an agency, please ask them to forward the document on your behalf.

As the annual charge is set against the property and not the individual, we would be unable to provide a refund. This includes if the business is sold, ceases to trade as a business, or transfers to another premises.

The CWR allow the Council to charge for waste and recycling collections from certain types of properties such as those operating as a holiday let, regardless of the type or amount of waste produced.

You can order new or replacement containers using the button below.

Order containers

We can only offer a fortnightly refuse collection at this time as part of the CWR service.

If you require weekly collections, please contact our trade waste team to see if they can provide a refuse collection to work alongside you CWR service.

Contact Trade Waste

You can report a missed collection to us using the button below.

Report a missed collection

Details of when your collections are scheduled can be found using the button below. Please allow 5 working days after payment has been made for the details to show on the system.

Find your collection day