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20 Kingsend
Ruislip
Middlesex
HA4 7DA
01895 625770
p@petersilverman.com

The Justices Clerk
Uxbridge Magistrates Court
The Court House
Harefield Road
Uxbridge Middlesex
UB8 1P

13th July  2011

 

Dear Sir or Madam,

Complaint for a Litter Abatement Order against Boris Johnson, Chairman of Transport for London

Please find enclosed 3 copies of:

1. A complaint for a Litter Abatement Order

2. An accompanying statement with photographs and aerial view

3. A copy of a S91 warning notice dated 1st July 2011

4. A draft summons

I am also enclosing cheque for the fee of £200 made payable to the “HMCS”

Please contact me by telephone or e-mail to confirm the documents are in order and to let me know about arrangements to issue a summons and to discuss hearing dates.

I look forward to hearing from you

Yours faithfully

 

Peter Silverman MA MSc

—-

Complaint for a Litter Abatement Order

Uxbridge Magistrates Court

The Court House, Harefield Road, Uxbridge, Middlesex, UB8 1P


Date:

13th July 2011

Defendant:

Mr Boris Johnson, Chairman of Transport for London, City Hall, The Queen’s Walk, More London, London SE1 2AA

Matter of complaint:

That the complainant is aggrieved by the defacement by litter and refuse of the two pieces of embankment leading down to west side of Victoria Road, Ruislip Manor either side of the rail bridge and across the road from the entrance to Ruislip Manor station.  See attached aerial view and photos taken on 12th July 2011.

That the defendant has a duty to keep the said land as far as practicable clear of litter and refuse under section 89(1) of the Environmental Protection Act 1990

And the complainant now therefore makes application to the Court to make a Litter Abatement Order pursuant to section 91(6) of the Environmental Protection Act 1990, requiring the defendant to clear the litter and refuse away from the said land.

The complainant:

Peter Silverman of 20 Kingsend, Ruislip, Middlesex, HA4 7DA  Tel: 01895 625770

Who states that the defendant was responsible for the matter of complaint of which particulars are given above.

 

 

Taken before me

 

Justice of the Peace / Justice’s Clerk

—-

Statement

Complaint for a Litter Abatement Order

Ruislip Manor / TfL Land

The Law

Transport for London (TfL), as a designated statutory undertaker, has  a duty under the Environmental Protection Act S 89 (1) (e) to ensure that its relevant land is so far as is practicable kept clear of litter and refuse.

The term “practicable” simply means “physically possible” without the need to take account of cost, time and trouble as opposed to “reasonably practicable” were these considerations would come into play.

In discharging this duty the TfL should have regard to the Litter Code of Practice (EPA 89 (10))

Under EPA 91 anyone aggrieved by the defacement by litter or refuse of any relevant land of a statutory undertaker may make a complaint to a Magistrates’ Court against the person who has the duty to keep the land clear after giving him or her at least 5 days written notice of his intention.

If the court is satisfied that the land in question is so defaced, and the person responsible has not proved he has complied with his duty under S 89 (1), the court may make a litter abatement order requiring the him to clear the litter or refuse within a specified time.

The Litter Code of Practice is admissible in evidence and, if any provision appears to be relevant, it can be taken into account by the court.

If the court is satisfied that, when the compliant was made, the land was defaced by litter and refuse, and there were reasonable grounds for making the complaint, the court will awards costs to the complainant (S91 (12)).

Litter Code of Practice

2.6 Says that the EPA gives anyone the right to take legal action against a duty body to remove litter  from its land “where this falls below the acceptable standard set out in the Code for longer than the period specified“.

Acceptable standard:

7.3 Says land should be not fall below B (predominantly free of litter apart from some small items)  and should be cleansed to A (no litter) “on a regular basis”.

7.4 Says it may not be practical to remove all items from grass etc and in these cases grade B would be acceptable.  These embankments would fall into this category.

Period specified:

The Code (8.0) requires land to the categorised into zones according to its intensity of use and, if in doubt, into the same zone as the dominant land use around it.  As the adjacent road is a busy shopping street the embankments should be categorised as being of “high intensity use” (8.4). This requires them to be cleaned within a day if they fall below standard.

 

Relevant facts

My attention was drawn to the land as being a long term eyesore in May 2011.

On 6th June 2010 I submitted a complaint to TfL via their web site which read as follows

Land adjacent to Ruislip Manor Station

Large amounts of litter have accumulated on the land either side of the bridge over Victoria Road and opposite the station entrance as viewed from the pavement under the bridge looking west.

The two pieces of land are behind wire fences. The one on the right is adjacent to steps going up to a car park and has a large free standing advertising board on it.

The land in question in almost invariably littered and constitutes a continuing eyesore.

Is it your responsibility to keep it clean?

If so please clean it up as soon as possible and let me know when the work has been completed.

Kind regards

Peter Silverman

via your help and contact form

The following reference number was allocated to my enquiry: 1008968463

I took photographs on the 15th June, 30th June and 12th July. These show that the vegetation had been cut and some litter removed between 15th and 30th June.  However, large amounts of litter and refuse, much of it deep seated in the undergrowth was left in place. I assessed, on each occasion, it was Grade D – heavily affected by litter and refuse with significant accumulations.

Argument

TfL has failed in its duty to keep this land, as far as is practicable, clear of litter and refuse.

They have allowed the area to fall below an acceptable standard for longer than the period specified in the Litter Code.

I request that the court issue a Litter Abatement Order requiring Mr Johnson to clear the offending litter and refuse forthwith.

 

Peter Silverman    13th July  2011

—-

Summons

Uxbridge Magistrates Court

The Court House, Harefield Road, Uxbridge, Middlesex, UB8 1P

Date:

Complainant:

Peter Silverman of 20 Kingsend, Ruislip, Middlesex, HA4 7DA  Tel: 01895 625770

Defendant:

Mr Boris Johnson, Chairman of Transport for London and Mayor of London, City Hall, The Queen’s Walk, More London, London SE1 2AA

Matter of complaint:

The complainant is aggrieved by the defacement by litter and refuse of the two pieces of embankment leading down to west side of Victoria Road, Ruislip Manor either side of the rail bridge and across the road from the entrance to Ruislip Manor station.  See attached aerial view and photos taken on 12th July 2011.

That the defendant has a duty to keep the said land as far as practicable clear of litter and refuse under section 89(1) of the Environmental Protection Act 1990 and the complainant has made an application to the court to make a Litter Abatement Order requiring the defendant to clear the litter and refuse away pursuant to Section 91(6) of the Environmental Protection Act 1990

Date of hearing:
Time of hearing:

 

The above complaint has been made before me.  You the defendant are hereby summoned to appear on the date and time shown above at Uxbridge Magistrates Court The Court House, Harefield Road, Uxbridge, Middlesex, UB8 1P

 

Justice of the Peace / Justices Clerk

 

 

 

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