Controlled Waste Regulations (CWR) Terms and Conditions

Details of the terms and conditions for our CWR service can be found below.

1. Period of Agreement

1.1: The service period runs from 1 October until the 30 September and is an annual charge regardless of when the payment for collection is made.

1.2: This agreement continues to be in force for the full-service period and, except were cancelled in accordance with section 2.6, no refunds will be provided for cancellation of the service at any time.

1.3. South Hams District Council takes the welfare of its employees seriously and will not tolerate abusive or aggressive behaviour. Such behaviour will result in the termination of your service, and this agreement without refund.

1.4: The Council reserves the right to change the collection day, and or the frequency of the service subject to providing you with prior written notification, and in line with the domestic services operating within your area.


2. Charges

2.1: The collection service year will run for the Service Period as described in clause 1.1. Any property producing commercial waste regardless of the quantity, whether subject to Domestic Council Tax, or National Non-Domestic Rates (NNDR) are required by law to have an appropriate refuse and recycling collection service in place.

2.2: If at any time within the service period 1 October and 30 September your premises produces commercial waste then the charge is applicable. This service is for a collection of refuse and recycling from the property. Options of only refuse or only recycling are not available, and both are included as part of the annual service charge.

2.3: If a property is mixed use, being part domestic and part relevant business under the Controlled waste regulations (2012), then the relevant business part of the property must arrange for an appropriate commercial waste collection service. This should be presented for collection separately to the domestic waste. An example of this would be a room to let on a nightly basis for an Airbnb.

2.4: The annual charge for the service is £350. This provides for a refuse collection and a recycling collection in line with the existing service for your area.

2.5: Concessions or discounts are not available as part of this service and is not dependent on how many days you are operating as a business.

2.6: There is a 14-day cooling-off period from the point of purchase. A full refund will be issued if a request in writing is received within this period. If services have started and/or containers have been delivered, then SHDC reserves the right to charge customers to recover this cost.

2.7: Upon completion of payment with the Councils CWR service, a Waste transfer note (Duty of Care note) will be issued for each property detailing the services received. This is evidence that you have contracted a licenced waste carrier to remove your waste and recycling and should be retained for your records for 2 years. A copy for you to sign and return will be emailed to you when your service is arranged. 


3. Payment Method

3.1: Payments must be made in full at the beginning of the service year. We do not accept part payments or instalments and do not offer a direct debit scheme for this service. Where a payment is made during the service year, this will only cover the service charge until the 30 September. After this a new full year charge will be applicable.

3.2: Payments can be made online at: www.southhams.gov.uk/cwr

3.3: Alternatively, we can take phone payments on 01803 861234. However, phone payments may take longer to process.

3.4: South Hams District Council do not accept cheques or cash payments.

3.5 South Hams District Council reserves the right to increase its charges relating to CWR during or at the start of the service period providing a period of 60 days is provided in writing.


4. Service Information

4.1:  The Council will carry out a collection of your bin, containers, and sacks if they are.

  • Presented at the kerbside or agreed collection point of the property by 7 a.m. on your collection day.
  • Containing only the agreed material consistent with the container they are in.
  • Can be moved by the operative and are not too heavy.
  • Are free from contaminating items.

4.2:  South Hams District Council reserves the right to cancel collections in certain circumstances outside its control, such as extreme weather conditions or 'force majeure' without prior notice and no refunds will be payable in these circumstances.

The service will resume as soon as conditions allow. Updates will be communicated through social media and/or through our website.

4.3: The Council commits to providing a quality service and the bin, containers and sack will be returned to the presentation point carefully and tidily at all times after collection

4.4: Missed collections must be reported to South Hams District Council within two working days of the scheduled collection day unless the collection day is a Friday.

Friday collections that are missed must be reported to SHDC before the end of the day on the following Monday. This can be done using the button below:

Report a missed collection


5. Loss/Damage to containers.

5.1: All bins, containers and sacks remains the property of South Hams District Council and must not be removed from the district.

5.2: The security of the bins, containers and sacks is your responsibility.

5.3: South Hams District Council recognises that due to wear and tear, bins may need replacing. Replacements will be dealt with on a case-by-case basis and requests must be made online via our website. Repeated requests for replacements are monitored, and a cost may be applicable if misuse of containers is suspected.


6. Transfers of service/Change of use.

6.2: A waste transfer note (Duty of Care note) is issued for the individual business property named and cannot be transferred within the district to another premises. No refund will be given if a business is sold, or the use of the property is changed and begins producing domestic waste.

6.3: If you move outside the district, the containers must remain with the property registered for this service.

6.4: It is the responsibility of the business owner to inform the Council of a change of ownership, change of use or contact details.


Data Protection - how we use your information.

Your information will be used so that we can provide the services to you.

Under Article 6(1) (e) of the General Data Protection Regulations, we are permitted to use data for our tasks; data protection law describes this legal basis for handling your information.

It will be used by South Hams District Council to deliver and improve services and to fulfil our statutory duties.

We will not disclose any personal information to any other third parties unless required or allowed to do so by law.

For further information on how your information is used, how we maintain the security of your information, and your rights to access information we hold about you, please contact the Data Protection Officer:

Email: data.protection@swdevon.gov.uk 

Telephone 01803 861234.

You can also write to them at:

South Hams District Council
Follaton House
Plymouth Road
Totnes
TQ9 5NE