From: Nugent, Aran [mailto:Aran.Nugent@highways.gsi.gov.uk]
Sent: 18 February 2011 11:31
To: ‘Peter Silverman’
Subject: Section 91 Environmental Protection Act 1990 Notice – M40 J8a
Dear Mr Silverman
I am writing in relation to your email of 27 January 2011 to the Secretary of State for Transport, Mr Phillip Hammond. Your email contained a notice of intent to apply to the Magistrates Court for a Litter Abatement Order relating to M40 Junction 8a southbound entry slip road. I have been asked to respond as I am the Highways Agency’s Department’s Representative for the M40.
I provide the following response to the notice and schedule contained in your email:
– M40 J8a southbound entry slip road was last cleared of litter on 05 September 2010.
– The last litter inspection, during week commencing 18 January 2011, recorded the M40 J8a southbound entry slip road as Category B. However, it is likely that the next inspection, due imminently, will record this slip road as Category C.
– M40 J8a southbound entry slip road will be closed during the 14 to 18 March 2011. Litter along the slip road will be fully cleared during the period of this closure.
As you are aware, M40 J8a southbound entry slip road is an area of “Special Circumstance” as defined by the Code of Practice for Litter and Refuse. Areas of “Special Circumstance” are carriageway, verges and central reservations of motorways and trunk roads which require litter to be cleared within 28 days or as soon as reasonably practicable. They are types of land where issues of health and safety and reasonableness and practicability are dominant considerations when undertaking environmental maintenance work.
Section 11.4.7 of the Code of Practice for Litter and Refuse states:
“11.4.7 On motorways, where safety issues are paramount, it is recommended that cleansing is always carried out alongside routine maintenance to aid maintenance of standards.”
The action taken along with the proposed intervention by our Service Provider demonstrates compliance with the Environmental Protection Act 1990 and guidance contained within the associated Code of Practice for Litter and Refuse.
Aran Nugent, Department’s Representative
Highways Agency | Woodlands | Manton Lane | Bedford | MK41 7LW
Tel: +44 (0) 1234 796261 | Fax: + 44 (0) 1234 796029 | Mobile: + 44 (0) 788 0785913