Something is rotten in the Derbyshire Dales.

Across the UK many councils are now looking to charge for garden waste be it for an all year or part year service an example of which until recently is Derby UK where a part year service was £40 for garden waste to be collected April to November.

The result of the Derby charge for service was a devastated recycling rate and so thankfully Derby City Council have seen sense and a free service restarts in April 2019.

  No sooner do we get this good news from Derby in relation to the garden waste service returning to a free service do we get the bad news from Derbyshire Dales District Council that they are proposing to INTRODUCE  a charged for service claiming that they could not continue their free service to residents once they negotiate their new waste recycling contract.

Now there is a key difference between the two councils because while Derby City Council is a disposal authority meaning it has to fund all of its waste and recycling Derbyshire Dales is just a district council and while it has to fund its recycling service it does not have to fund its residual waste disposal which is a key difference between the two councils.
The proposal to introduce a charged for service in the Derbyshire Dales area was enthusiastically welcomed by many councillors at a council meeting in late 2018 on 29th November. There was talk of the councils recycling rate being at 57% and recent government publications suggest it could even be as high as 60% which is an impressive recycling rate but once a charged for service for garden waste is put in place where will that rate go other than down in a spiral ?
The councils recycling rate uses tonnage of recycling as the method for generating the councils recycling rate and as garden waste is a heavy material removal of that waste from the recycling stream clearly reduces the overall tonnage of recyclate and that has to then impact the councils recycling rate of which they are so proud.
Then we have to consider the slight of hand that's going to take place here at Derbyshire Dales District Council when it comes to waste costs linked to recycling and disposal.
Derbyshire Dales District Council is simply a district council and has to pay the cost of collecting waste and recycling waste materials but what it does NOT have to do is pay for the disposal of residual waste because that is the responsibility of Derbyshire County Council which is the disposal authority.
All Derbyshire Dales District Council has to do is collect and deliver residual waste to where Derbyshire County Council directs them towards which could either be directly to the controversial Sinfin waste incineration plant in Derby or to a transfer site in the county for onward shipment to Sinfin to be burnt.
Now its not rocket science to realise that if your a district council looking to reduce costs if you can force waste you were previously paying to compost into the residual waste stream that you DON'T pay to dispose of and even better get people to agree to pay a charge for the waste that still does get composted then by some wonder of wonders you have saved your council money but what you are not doing is saving your residents money because by diverting compostable waste into the residual waste stream which is very commonly vastly more expensive per tonne than if composted you have transferred a cost to the disposal authority which in this case is Derbyshire County Council which in turn will have to recoup that increased cost from residents of the County via the likes of an increase in council tax.
There may however be a happy ending to this story!
In recent days the UK government have announced proposals that they will require councils to offer a free garden waste service so the plans of Derbyshire Dales District Council may still be consigned to the compost heap!

 ©SIMON BACON 2019

Hidden contracts! the public strikes back!

On 22nd October 2015 I Simon Bacon the writer of this blog applied to Derby City Council in Derby UK via FOI / EIR requesting the following information relating to the controversial joint waste contract linked to the highly controversial Sinfin, Derby gasification incineration plant.

 1- ALL CONTRACTS BETWEEN DERBY CITY COUNCIL AND DERBYSHIRE COUNTY COUNCIL RELATING TO THE JOINT WASTE CONTRACT.

 2- ALL CONTRACTS BETWEEN DERBY CITY COUNCIL AND ITS PARTNER DERBYSHIRE COUNTY COUNCIL WITH RESOURCE RECOVERY SOLUTIONS (RRS) AND / OR ITS PARENT COMPANY SHANKS / INTERSERVE.

 3- ALL CONTRACTS RELATING TO THE USE OF THE SINFIN TANNERY SITE - OWNED BY DERBY CITY COUNCIL BY RESOURCE RECOVERY SOLUTIONS (RRS) OR OTHER PARTIES.

 Derby City Council responded on 17th December 2015 in which it disclosed some of the requested information but withheld some of the information in part 2 of the request claiming the adverse affect to the confidentiality of commercial information. What was provided was a series of documents with many redacted (blacked out pages) where the council and its supporters - Derbyshire County Council and Resource Recovery Solutions edited the documents to hide certain aspects of the documents which they did not want the public to see.
Here are a couple of examples from schedule 14 of the contract which covers the performance mechanism.

 

As you can see from the images when they redact information they really black it out!

 

I appealed this ruling and Derby City Council carried out an internal review and responded to me on December 24th 2015 that it maintained this position.

Having considered this battle of wills further I made a complaint against Derby City Council on 22nd February 2016 to the ICO - the Information Commissioner. The ICO then gave full consideration to my strongly put appeal while engaging with Derby City Council further.

The council and its fellow contract members attempted to paint a picture which included impacts on interests of Resource Recovery Solutions (RRS) siting that the withheld information included price mechanisms, volume allocations and proprietary contract tools and processes.

The council argued that RRS operated in a competitive waste market and disclosure would allow competitors to work out the deal and how it was structured resulting in a loss of its competitive edge.

The council went on to argue that the Sinfin waste sites novel nature has the capacity to become a "BEACON OF EXCELLENCE"

 

ENERGOS the developer of the incineration equipment being installed into this beacon of excellence had gone into administration in mid July 2016.
 

It was suggested that the competitors of RRS would benefit from the unique know how contained within the information and thus undermine the ability of RRS to utilise this for its own benefit damaging its commercial interests.

Other than the Derby, Glasgow and Milton Keynes projects that have moved ahead there is little evidence of other projects moving forward using such technology and in recent weeks a proposal to install similar tech on the Isle of Wight has been dropped - so not quite the beacon being suggested.

The ICO asked the council to provide a new schedule setting out in each instance the councils rationale for withholding information so that it matched the specific parts of the documents. Having been given further time to do so the council advised it had approached RRS and Derbyshire County Council but that they had declined to provide any further arguments or clarification.
The ICO in their ruling considered that the lack of clarity in the councils submissions suggests that the council either does not properly understand what the effects of disclosure would be or has struggled to meet the evidential and explanatory burden set by the exception.
 

 On 4th August 2016 the Information commissioner at the ICO RULED IN MY FAVOUR instructing Derby City Council to disclose the withheld information to myself as the complainant.

 

In early September 2016 Derby City Council was in no mood to lose their battle again a resident of Derby so instructed its legal team to appeal the ICO ruling and so work started on a legal appeal.

I as the original applicant was also in no mood to lose the battle and so registered as a party to the appeal which WAS set to be heard later in 2017 in London UK. After a delay of a number of months as two similar cases passed through the tribunal system the Derby case began to move forward.

In recent months a similar case relating to an incineration plant in Gloucestershire and its associated contract pretty much ruled in the original applicants favour - while the council in that case attempted to put a brave face on things while putting some spin on the ruling the applicants in Gloucestershire are very happy with the result of their battle. A similar ruling regarding an incineration plant contract in Worcestershire also placed pressure on Derby City Council who were then set a date by the General Regulatory Chamber who were running the appeal by Derby City Council where the council had to acknowledge if it proposed to continue with their appeal.

So two other appeals went against the local councils which forced Derby City Council into a corner over their appeal against the ICO ruling.

 Did they continue or did they rollover!

 

THEY ROLLED OVER AND BAILED OUT OF THEIR APPEAL ON MAY 11TH 2017

The councils legal team made the following statements when terminating the councils appeal.
"

"Our clients have been carrying out a fresh, detailed, careful and considered review of the disputed information with all interested parties taking into account the passage of time and developments since the initial request and the commencement of the Appeal.

Having concluded that reassessment and made recommendations accordingly, the interested parties have respectively reached agreed conclusions and advised the relevant public authority which has been able to make an updated decision on disclosure as a result.
Our clients have invested a great deal of time in reaching this decision and it is not one that has been taken lightly. Despite considering that much of the disputed information remains commercially sensitive and confidential, given the time that has now passed since the original request for information by the applicant and taking into consideration the current stage the facilities are now at, the likelihood of probable harm from disclosure of the disputed information into the public domain has reduced.
As a result our clients have asked us to confirm that the disputed information will be disclosed in its entirety. "
 

 Derby City Council admitted at a recent full council meeting that they and their supporters - Derbyshire County Council and RRS / SHANKS had already spent £20,000 on their fight to keep aspects of the Derby and Derbyshire waste contract secret - hidden away from the public. In a strange twist they appeared to be suggesting to the local newspaper the Derby Telegraph that they had NOT paid £20,000 to stop me from gaining a copy of the contracts as reported here http://www.derbytelegraph.co.uk/derby-man-wins-right-to-see-controversial-sinfin-incinerator-contract-but-council-to-appeal/story-30288364-detail/story.html

 

The council was simply playing with words - £20,000 was spent but the city council only paid a third of the payment!

What are they trying to hide from the residents of Derby and Derbyshire ? what is so controversial that they redact whole pages of their waste contract ?  In these times of austerity and government cuts surely the public have a right to know what their taxes are being spent on.

NOW WE HAVE THE CHANCE TO FIND OUT!

©SIMON BACON 2017

 

Would you like flies with that?

After a number of years use and ownership by Transcycle - including acting as a hub for the city of Derby's brown bin recycling scheme where garden and food waste was bulked up for shipment to Vital Earth at Ashbourne for composting number 201 Slack Lane in the New Zealand / Mackworth area of the city was placed on the market.

The community have had issues with the site in the past as sited in an inner city area odour and fly issues were always likely to be on residents minds. Few likely noted the small article in the Derby Telegraph in the late summer of 2015 reporting that a new company was moving to Derby from Nottingham and was known as Go 4 Greener Waste Management. Taking on the 2.6 acre site the company owned by Wayne and Sam Turton was described as a business providing a range of recycling services.

Deeds logged with the land registry indicate the Turton's are owners of the site having paid £850,000 in July 2015 with the support of Barclays Bank.

While described in the media at the time as offering recycling services the companies website talks of zero waste to landfill - which to those in anti incineration circles means sending waste to incineration plants in either the UK or Europe. The Go 4 Greener twitter account in the past made reference to agreeing waste disposal contracts with AEB Amsterdam - a major incinerator of waste so it is clear that the company does not just handle specific recyclables but clearly has an interest in waste of a more residual nature - but then that needs to be shipped in some fashion to the likes of AEB Amsterdam. Tweets from 2014 show their engagement with AEB Amsterdam.

This then brings us to the issue that has unfolded in the streets and homes of the Mackworth community in recent weeks and months. While buzzing along under the radar for some time in recent weeks a serious fly outbreak has blighted the community bringing misery and distress to all around including major impacts on the Kingsway Retail Park leading to store closures.
Many pages of the complex story of what has happened and who is to blame have been printed or reported in recent weeks with fingers being pointed in different directions by different parties.
Without a copy of the waste permit it is not possible to identify what the site should and should not handle but what we do know is that the waste permit itself is registered not to Go 4 Greener but to another company owned by the Turton's known as Shows Waste Management which was launched in 2015. Waste permits are the life blood of a waste site - it is what allows the process to take place and these permits are issued by the Environment Agency.
The Turton's via the media appear to be suggesting that the issues relating to the flies on the site and the surrounding area are due to who they call Envirofuels / Trent Valley Recycling who it is claimed they leased part of the site to although the media report that the companies in question deny these claims.
Independent news reporter Derby News recently published an article on the waste saga shedding light on company ownership and the article can be found here
https://derbynews.org.uk/2016/05/27/mackworth-fly-infestation-convenient-confusion-over-whos-to-blame/

The facts with this situation are all pretty murky as to who is responsible for the waste in question but suggestions are circulating that issues with the site were raised at a residents meeting as far back as February 2016 and if this is the case potentially dates back beyond the involvement with these companies. This is backed up by the fact the Environment Agency issued an order against Shows Waste Management on March 10th 2016 which is before Trent Valley Recycling signed the agreement to use the site.
This has led to the site being filled with large bales on the site of what could potentially be refuse derived fuel - known as RDF - shown below.

 

As to what the bales actually contain and their intended destination if they are in fact RDF bales then they could have been produced by either one of the Turton's companies - noting their connections to incineration plants in Holland or that of fledgling company Enviro Fuels Solutions Ltd who appear to be the company the Turton's are referring to.

What is becoming clear is that neither Derby City Council or the Environment Agency are making Shows Waste Management deal with the waste in the time scale locals need to get the fly infestation under control. In recent days a representative of the Environment Agency on East Midlands Today appeared to be implying that in part the issue was linked to homes being built around the site but anyone who knows the area knows that many of the local homes date back decades and in some cases around a century.

The Go 4 Greener website makes some grand claims about the companies ethos so lets hope they stand by them in the coming weeks and deal with the situation that is playing our in the city of Derby.

 

 

There are many unanswered questions in this terrible situation but one that makes you stop and wonder is the following.

 

If you run a waste company and have spent £850,000 on a site and you have an active waste permit in your companies name placing you in the position of overall control and therefore liability why would you risk your business by allowing the serious situation to develop on the site which is now causing such local distress and directly placing your business and family life at risk?

If as suggested in the media there is 5,000 tonnes of waste that needs to be landfilled based just on the landfill tax rate of £84.40 the Turton's face a bill of over £400,000 for disposal of the waste mountain.

 

The latest twist to the saga is that the Environment Agency have started legal action against companies on the site in relation to the waste. How this will pan out is anyone's guess but things need to improve soon for the good of the local community.

 

©SIMON BACON 2016

 

 

 

If only the council had some money to invest!

Derby used to have an events venue called the Assembly Rooms which was closed after a fire in the attached car park and so Derby now lacks a suitable venue for theatre and music because the council claimed the venue needed to much work doing to it after the fire. This has been the subject of great debate since the fire. The council proposes to replace the venue but is not able to say when due to lack of funds.

The local newspaper the Derby Telegraph ran this story on the venues closure and proposed replacement.

 http://www.derbytelegraph.co.uk/3-000-capacity-concert-venue-1-600-seat-theatre/story-28928499-detail/story.html 

 

IF ONLY THE CITY HAD SOME MONEY TO INVEST!

 

Derby used to have two large swimming venues open to the public and supporting local aquatic clubs allowing them to compete at local and international level.

Sadly due to suggested government cuts this has led to the council closing the Moorways swimming facility - a corner stone of local swimming provision dating back decades. The pool closed to the public at the end of March 2016 and residents are now struggling to continue their swimming as the cities other main venue has a faulty roof.

The local newspaper the Derby Telegraph ran this story on the pools closure

http://www.derbytelegraph.co.uk/Sadness-Moorways-pool-closes-public/story-29028675-detail/story.html

 

IF ONLY THE CITY HAD SOME MONEY TO INVEST!

The city of Derby is slowly collapsing due to claimed government cuts forcing the council to reduce its budget to make savings. Money has to come out of specific pots to fund things which is regularly pointed out by the council.

IF ONLY THE CITY HAD SOME MONEY TO INVEST!

Well the reality is the council WOULD have money to invest in either of the projects if it had not jumped in with both feet with the Sinfin waste incineration plant project which first raised its head in public circles in late 2008.
A joint contract between the city and Derbyshire County Council will see Derby hosting the plant AND paying £25 MILLION towards the plants construction - which is 50% of the council build cost.
Now is it fair that the cities residents have to host the controversial plant AND pay 50% of the council payment for construction?
But it gets worse as the city does not collect enough residual waste to provide 50% of the plants feedstock and as recycling increases that in turn stops the city from being able to provide 50% of the feedstock.
You can read one of my previous blog posts to learn more about that situation by following this link

http://derby-waste-a-rubbish-blog.blogspot.co.uk/2016/01/derby-city-council-public-are-being.html

But what does it actually mean to us in the city? what it means is at the time the proposal was born the council - and so whoever was in charge sold the residents down the river by agreeing a joint contract that was in the County Councils favour and this continued up until the councils signed the full contracts - meaning that political parties of various colours in the city have played a part.
Someone in power somewhere was told city waste would spiral upwards and it would be good value for the city. At the same time the council was potentially in a better financial position than it is now but clearly potential changes in waste prediction or council finances were not considered carefully enough leading to the position we are now in.

SO WHAT ABOUT THE MONEY?

Derby is paying £25 million for a 25 year contract period at the start of the waste incineration plants operation which is a payment towards the plants construction. That's obviously £1 million per year for the processing of 95,000 tonnes of waste - 50% of the plants through put if you consider Derby is paying 50% of the build payment.
Based on 2014/15 data from DEFRA the city only collected 79,320 tonnes of residual waste leaving the city 15,680 tonnes short. At a rate of £10.53 (£1,000,000 divided by 95,000 tonnes) we as a city are paying £165,110.40 per year to much for the project - or £4,127,760 over the 25 year investment.

SO LETS GO BACK TO THE BEGINNING!

We need a new performance venue and we need a new swimming pool but the city has no money!

WELL WE COULD HAVE HAD £4.1 MILLION TO INVEST WITH BETTER PLANNING AND NEGOTIATIONS.

In an example of why we are in the mess that we are in in the city I attended the Derby City Council Full Council meeting on March 2nd 2016 to ask Cllr Asaf Afzal specific questions on the unfair share the city is paying. Even when the £4 million over payment was highlighted to Cllr Afzal he still considered that it was good value for the council - ignoring the fact that we share those claimed savings with Derbyshire County Council we are STILL over £4 million worse off.

WITH A COUNCIL WITH ITS HEAD IN THE SAND ON THE ISSUE THERE IS LITTLE WONDER WE ARE PAYING AN UNFAIR SHARE AND SO LITTLE WONDER WE HAVE NO MONEY FOR EVENTS VENUES AND SWIMMING POOLS!

©SIMON BACON 2016

If you dont pay - Derby City Council wont take it away!

In the past the residents of Derby UK as part of their council tax payment got a free garden waste collection service allowing them to dispose of garden and food waste all year. Sent to an in-vessel composting plant (IVC) at Vital Earth in Ashbourne, Derbyshire garden and food waste was then processed in a controlled manner to produce compost and soil improver products.

You can read more about that here http://vitalearth.tv/index.html

 

Sadly in an attempt to save money - which the council maintains it has done the council removed the free service in late 2013 and replaced it with a garden waste only April - November service from 2014 onwards. To date the material continued to be sent to Vital Earth at Ashbourne but the impact on the cities recycling rate has been devastating leading to a drop to just 32.9% for the year 2014/15 from a high of 48% in 2010/11.

The killer part of this is the service is no longer free costing £40 per service year with any further bins costing £20 for collection. The council expected to gain 20,000 customers by 2015 for the service but only gained 12,083 customers.

 

There are other options to consider and those include taking your garden waste to the Household Waste Recycling Centre (HWRC) site at Raynesway but this is not always convenient compared to a kerbside collection and on weekend days it is known that the site rapidly develops a long queue winding its way out to the main road - another example of the council not considering all the issues when implementing their money saving plan! To find out more about Raynesway HWRC site take a look here http://www.derby.gov.uk/environment-and-planning/recycling-rubbish-and-waste/recycling-sites/

But wouldn't it be better to take control of your own garden and food waste and to turn it into a free usable compost and soil improver to use at home in your garden? why spend £40 a year on a garden waste collection that does not last all year and does not accept food waste when you could spend that money on a compost bin or even just on materials to make your own compost bin that fits into your own garden.

Take my home example!

 

in my case I use an old garden incinerator which holds a reasonable volume of garden waste for a small garden and has air holes to allow your composting process to breathe! Holes in the container are open to debate but personally I like to have a few - plus in this case I was reusing a 2nd hand container.

 

 



When composting it is important to allow the heap to breathe by keeping the mix open to some degree. Don't just fill your heap with grass clippings and other squishy green material, try and make a blend of greenery from your house and garden mixed with some drier woodier materials - which can include paper and card, tissue, shredded paper etc which may in themselves not be ideal for recycling if they are shredded or contain some food contamination for example.

 

As part of a mix they can play a key role in making your compost a success.

 

Be careful when composting certain materials such as weeds and veg peelings because unlike an in-vessel composting plant which reaches high temperatures ideal for killing off perennial weed roots, seeds and things such as potato peelings which try and sprout a home composter may not reach the required temperature to kill off these more aggressive items. You don't want to spread your new compost on the garden only to find every weed seed germinates so try not to put large perennial weed routes in the compost bin or seed heads containing viable seeds. Another important thing to remember is the mix often needs some water to give all the beneficial bacteria the right damp environment to start munching all that garden waste.

For larger gardens you may well need more than one compost bin as the composting process can be a long job and you don't want to find your full up half way through the year!

 

So when is the compost ready you may ask - and thats a good question!

 

 A general rule of thumb is when the material is crumbly and black and you can no longer identify what it was before composting then its usually ready to use. Don't be surprised if the mix still contains some degree of twiggy material as this is not a problem if you are using the compost as a soil improver where it is dug in to improve soil structure and increase nutrient levels.

One thing to note is the term compost! compost can mean more than one thing and leads to confusion and errors when growing plants. You basically have compost you purchase from a shop which will be a blend of suitable materials and fertilisers and is suitable to use on a range of plants. Then you have compost from your compost heap which might better be described as soil conditioner or soil improver because its main use is as the name suggests is to improve the gardens soil structure while adding nutrients - it can be dug in or used as a mulch around plants and the best bit being its FREE!

 

Now you COULD also make use of it as a compost for potting but that is when greater care is needed as often the compost from your heap is to rich to be used on its own and it is common practice to blend it with other materials such as loam and leaf mould so as to make a more stable useable material. You basically have to experiment a bit if you want to use it for such uses.

 

What you can do with your newly produced compost is to run it through a garden sieve to grade out all the bigger material - returning it to further compost leaving you with a rich fine mixture which if kept out of the rain can be used when ever you want to plant in your garden.

 

 

The compost can then be applied to your garden to aid drainage, hold water in dry weather and provide nutrients and beneficial bacteria to aid plant growth.

 

 

You can find out lots more from the internet regarding composting but a fine place to start is here

http://www.homecomposting.org.uk/home-composting-mainmenu-26

 

 

©SIMON BACON 2016

Show me da money ! show me your accounts !

As a campaigner against a council you can often find a wall of silence when it comes to costs of a service ! councils don't like to tell Joe Public the more complex aspects of their finances because then we would know to much and that's bad if your a council. Councils just like us to pay our taxes and like it - but sometimes we need to peel back the layers to find out just what is lurking under the surface. Thankfully we have a legal right to do so via the Audit Commission Act and other such regulations. This allows the public access to the accounts of your local council in the UK for the previous financial year for a set period. Don't expect your local council to sing this from the rooftops - the notification could be just one newspaper advert in your local paper so keep a look out in the public notices section.

Here in Derby that notification appeared on 13th June 2014 for the period covering the financial year 2013/14 and you had to request to view the accounts by writing to the council (or emailing them). Derby City Councils accounts were open for viewing this year from June 30th to 25th July and it is important to notify the council of when you would like to attend, what you would like to see etc.
Potentially you can view books, deeds, contracts, bills, vouchers and receipts but expect the council to be cagey about certain aspects for example contracts may have sections redacted (blacked out) if considered commercially confidential.

When attending to view the accounts often these days documents are electronic. This stops you from being able to simply rifle through bills and receipts for the period which used to turn up some little gems. Make sure you ask to see a list of the accounts for the specific area of interest you are looking at so you can go through and ask to see bills and receipts of interest - sometimes you have to probe a little and if the accountant seems a bit cagey about something then maybe you have found a murky fact ! What you are doing is turning the tables on the council and instead of them holding you to account your holding them to account ! try and be polite but don't be put off ! it could be that the accountant doesn't have the depth of knowledge on some aspects of the accounts so he or she may have to come back to you at a later date with answers to some of your questions. Having a good relationship with the accountant is key as we want all the answers - not an accountant who clams up.

So there we have it ! if you want to know what your local council spends its money on - sorry your money on - go and find out ! Approach your council and ask what period of the year such viewing takes place. Make a note and look out in the local paper for notification. Remember they wont go out of their way to tell the public - so make a point of finding out officially. When you ask to view the accounts make sure you set out fully the aspects you want to see, attend on time in a respectful manner with paper, pen, pencil, camera and take your time to go through what you want to see. Do not be afraid to ask questions if something is missing or it is hard to understand. The council should be happy to help you out and answer your queries and hopefully copy you the accounts your interested in !
Now you have a new weapon in your armoury which links up nicely with the likes of Freedom of Information - also known as FOI where your questions under FOI can be aimed more carefully due to the financial accounts you have seen first hand.

©SIMON BACON 2016