When is a broken waste bin not broken? When it’s only missing its lid according to one council.

That was the distressing news delivered to Tim Spencer, a resident of Tarragon Road in Barming, near Maidstone.

It comes just two weeks after some were breathing sighs of relief after Maidstone council appeared to reverse its policy on charging householders for replacement bins.

Council leader David Burton (Con) declared that he had always felt “uncomfortable” with the charging policy introduced last April in a bid to save £100,000 from the waste collection budget.

The charging policy had led to a flurry of complaints with many saying that the charges were unfair since the bins were often broken by the binmen themselves when loading the rubbish into lorries.

The Greens and Fant and Oakwood Independents had lodged a proposal to go before the last full council meeting in September to suspend the charges.

But three days before the meeting, the Conservative administration announced a change to the policy.

Cllr Burton said that in the future if the binmen themselves reported a problem with a broken bin, it would be replaced free of charge.

Residents who continued to seek a replacement bin for what cabinet member Cllr Patrik Garten (Con) described as “vanity reasons” would continue to be charged £25.

The policy U-turn was welcomed by Mr Spencer.

He had previously been refused a free replacement after his bin lid disappeared while the binmen were emptying it.

Mr Spencer had caught the incident on his CCTV. The video clearly shows the bin being taken to the lorry truck with a lid and returned without one.

So following the change of policy, he confidently applied again to the council for a replacement.

But instead of a new bin, he received an email from the waste service officer, saying: “If the issue is that your bin has no lid, then the council will not be replacing this free of charge.”

“We are authorised to replace bins that are unserviceable. But any without lids can still be loaded onto the collection vehicle.

“You will need to order your replacement on the MBC website and pay the £25 charge, if you wish to have a new bin with a lid.”

When Mr Spencer protested that his bin was filling with rainwater, the officer had some useful advice. He said: “Some people put a cover over it and drill a hole in the bottom.”

Mr Spencer told KentOnline: “It's just one excuse after another!

“On my bin, one hinge has snapped and the other is completely missing, along with the lid, which all happened while it was being emptied.”

“It seems I still can’t get a replacement despite the council's ‘U-turn’. I feel hard done by.”

Stuart Jeffery. leader of the Green group on the council, said: “In my view, a bin with no lid is clearly unserviceable.

“A lid is required to keep out flies and foxes and to contain smells.

“The council should replace Mr Spencer’s bin, especially as it seems there is clear evidence that Biffa was to blame, not Mr Spencer.

Cllr Jeffery added: “At the last council meeting, Cllr Burton did agree with me that the policy needs to be reviewed and these anomalies ironed out.

“The matter will be discussed by the housing, health and environment policy advisory committee soon.”

The council previously stated: “Maidstone Borough Council, like other local authorities, has a general policy of charging for replacement wheeled bins as it is recognised bins will break over time due to wear and tear so will not last forever.

“When MBC receives a report of a broken bin the waste collection team will look into the circumstances and consider each individual case.”