Garden waste permit

1. The agreement

1.1 This agreement is made between the resident ("you") and South Lanarkshire Council ("the council") and sets out the terms and conditions under which you may use the council's garden waste collection service. ("the service").

1.2 By agreeing to pay for the service you will be deemed to have accepted the terms and conditions and privacy notice of the council constituting a contractual relationship between you and the council (“this agreement”).

2. The service and eligibility

2.1 The service is for garden waste which shall be collected from the residents of council tax rated domestic premises only. Food waste can also be disposed of in the burgundy bin and the service applies to garden waste permit ("permit") and non-permit holders. The service is not for waste arising through commercial activity.

2.2 All domestic residents living within the council's boundary are eligible to apply for the service.

2.3 Only burgundy wheeled bins with a capacity of 140 or 240 litres supplied by the council will be emptied by the council under the terms of this agreement. If you don’t already have a burgundy bin, or if your bin is damaged, or if you require an upgrade to a 240 litre bin, you may request one via the order a recycling bin form. Delivery of any burgundy bin may take up to 15 working days. The council will not be held accountable for any missed collections during the period in which you await the delivery of a burgundy bin.

2.4 A valid garden waste permit will be required for each individual burgundy bin presented for collection. The permit sticker should be applied below the handle on the back of the bin. A maximum of three permits can be purchased per domestic property.

2.5 The service will be carried out by the council and collections will take place every two weeks on the scheduled uplift day, as detailed in the bin collection calendar on the portal. Upon you accepting the terms and conditions of this agreement, the council shall be entitled to proceed on the basis that you are satisfied with the uplift scheduled detailed in said calendar. The council reserves the right to change the scheduled uplift day and collection frequency.

2.6 The service will be available between 1 April and 31 March each year (“service term”) with the exception of a two-week period over Christmas and new year subject to the terms and conditions of this agreement.

2.7 Your garden waste collection service will commence from when your permit sticker is applied to your burgundy bin. If you have paid for the service but the permit is not displayed, your bin will not be collected.

3. Contract period, price and registration

3.1 In terms of section 4 and schedule 2 of the Controlled Waste Regulations 1992, the council is permitted to charge for the collection of garden waste. Full payment will be taken at the time of sign up before the service is provided. You will be required to pay the full annual charge for the relevant year. No discounts or concessions will be available.

3.2 This agreement between you and the council shall commence on the date which the council receives a completed application and payment of forty-five pounds (£45.00) sterling, being the annual charge applying for the year 2024/2025 (“annual charge”) from you notwithstanding the dates of service term detailed in paragraph 2.6. For the avoidance of doubt, the date which you submit an application and subsequent payment for the service will activate the terms of this agreement (“start date”). Each party will become bound by the terms of this agreement as at the start date which may be in advance of service term.

3.3 The quickest and easiest way to apply for the service is online via the garden waste permit portal that will be live from Wednesday 19 February 2025.

3.4 The agreement will proceed in accordance with the service term outlined in paragraph 2.6 and for a collection period of twelve (12) months until 31st March the following year.

3.5 The council reserves the right to vary the annual charge for the service, which will be set by the council on reviewed an annual basis. You will be notified of any price increase as part of the annual renewal.

4. Garden waste permit

4.1 When full payment of the annual charge for the service has been paid by you the council will send you a permit via post.

4.2 A valid permit is required for each individual burgundy bin presented for collection. A maximum of three permits and burgundy bins will be permitted per household.

4.3 Each burgundy bin presented for collection must display the permit issued by the council under this agreement. It is your responsibility to display and position the self-adhesive permit on the burgundy bin correctly in accordance with this agreement and the instructions provided in the letter sent via post with the permit, to ensure that collection crews can identify which burgundy bins are registered for collection. 

4.4 The permit must be displayed underneath the handle on the body of the burgundy bin. It must be presented in accordance with paragraph 7 of this agreement and positioned so that the permit is visible from the roadside.

4.5 Your address will be added to the council database which will be accessed by collection crews via electronic tablets to confirm registration under the terms of this agreement.

5. Storage of the burgundy bin

5.1 You must always have adequate storage space for the burgundy bins within the curtilage of your property.

5.2 The burgundy bin issued by the council shall be presented at the domestic property registered against the permit issued under this agreement.

5.3 Burgundy bins remain the property of the council and they should not be removed from the domestic property that they are registered to, except with the prior written permission of the council.

5.4 For the duration of this agreement and in accordance with the start date and service term detailed above, you will be responsible for the safekeeping and cleanliness of the burgundy bin at your property.

5.5 Replacement burgundy bins may be pre-used but will be clean and in good working condition which you shall be solely responsible for.

6. Moving house

6.1 If you move house your permit will remain at your previous address and can be used at the address for the remaining duration of the permit. You will not be eligible for a refund of the annual charge. You will need to apply for a new permit for the new property if required.

6.2 If you move house and the house you are moving to has an existing garden waste permit, you will be eligible to use this for the remaining duration of the permit. You will need to apply for a new permit to use the service the following year if required.

7. Service conditions

In using the service, you hereby accept and agree that:

7.1 The burgundy bin must be presented kerbside or at the collection point previously agreed with the council and presented in accordance with the provisions of this Agreement and in particular paragraph 4.3.

7.2 Burgundy bin must be presented on their scheduled collection day by 7am then returned to your property as soon as possible after collection. If the burgundy bin is not presented properly in accordance with this agreement on the scheduled day of collection the burgundy bin cannot be reported as missed and will not be considered a missed collection for the purposes of paragraph 7.

7.3 You can check the collection information for your property online.

7.4 The lid of any burgundy bin containing garden waste must be fully closed. The council operates a flat lid policy. Waste materials deposited inside the bins must not be compacted too densely as to make them too heavy to manoeuvre and unable to be lifted by the collection vehicles lifting equipment. The council reserves the right not to empty the bin in this instance. If there are repeated instances where the burgundy bin you present does not comply with the requirements in this paragraph, the council reserves the right to remove the burgundy bin and cancel the agreement with you. No refunds will be available for any collections missed under this paragraph.

7.5 You may only use the service for the collection of items of household garden waste and food waste. Any waste or matter not specified on the bins - what goes in them page will be deemed as non-conforming waste. You are not permitted to use the service for the collection of non-conforming waste. If non-conforming waste is presented for collection using the service, it will not be collected.

7.6 The council reserves the right not to service any bin that has been deemed a health and safety risk to the collection crew (as detailed in paragraph 7.4). The council may require you to take steps to reduce the risk to the collection crew before any further attempt at collection is undertaken.

7.7 Only burgundy bins displaying a valid permit for garden waste will have their garden waste collected and emptied.

7.8 The council reserves the right to terminate this agreement where the garden waste is produced as a result of commercial activity, with no refund given to you.

8. Cancellation

8.1 You are entitled to terminate this agreement by cancelling your subscription within 14 days of the start date which the council shall consider as a cooling off period.

8.2 Following the 14-day cooling off period you are entitled to terminate this agreement by cancelling your subscription at any time, but no refund or part refund will be given to you.

8.3 To exercise your right to terminate, you must inform the council of your decision to cancel your subscription by completing the enquiry form.

8.4 If the permit has been issued prior to the council being notified of your cancellation, you will be responsible for the reasonable costs of returning the permit to the council. Please return this via post to Waste Services, 18 Forrest Street, Blantyre, G72 0JP.

8.5 If you are entitled to a refund in terms of paragraph 8.1, the refund will be issued on receipt of the returned permit to the council.

9. Events outside the council's control

9.1 "Events outside the council's control" means any act or event beyond the council's reasonable control, including without limitation strikes or other industrial action, riot, terrorist attack, war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, extreme weather or other natural disaster, power failure, internet service provider failure, technological failure, breakdown in machinery/collection vehicles and frozen bins.

9.2 The council will not be responsible for any failure to perform or delay in the performance of any of the council's obligations under this agreement that is caused by an event outside the council's control.

9.3 If an event outside the council's control affects the council's ability to deliver the service:

(a) the service will resume as soon as reasonably practicable after the event outside the council's control has ceased; and

(b) you will not be entitled to cancel the agreement and claim any refund or part refund.

9.4 The council will not be liable for any loss of profit or any direct or indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the council's employees, contractors, agents or otherwise) in connection with its provision of the service or the performance of any of its other obligations under this agreement or with your use of the service, whether as a result of breach of contract, breach of statutory duty, tort (including negligence), or otherwise howsoever arising.

10. Complaints

10.1 To make a complaint regarding the service, please use the garden waste enquiry form.

11. Privacy

11.1 The council will treat all information provided by you as strictly confidential and in accordance with the Data Protection Act 2018 and the UK GDPR, your personal information will only be used for the purpose or purposes for which it was intended and may be shared with other departments in the council and other enforcing authorities for the purpose of preventing fraud, misuse of public funds and any legal or statutory requirements. Read more information on how we process your personal data and your rights as a subject.

11.2 The council will use your personal details to contact you from time to time in relation to the provisions of this service or renewal of the agreement.