Recent Posts

Section 21 of the Anti-social Behaviour, Crime and Policing Act 2014  repealed sections 92 – 94A of the Environmental Protection Act. It therefore did away with:

S92 – Litter Abatement Notices – Councils could take action against educational institutions and Statutory Undertakers such as Network Rail, airport operators and port authorities requiring them to clear it of  litter or refuse within a certain time and /or prohibit them from letting it become defaced by litter in the future.

S92A – Litter Clearing Notices – Notices could be issued by a Local Authority on the occupier of private land defaced by litter and refuse. If not cleared the Local Authority can enter the land, clear it and recover the costs from the owner

S 93 & 94A – Street Litter Control Notices – Local Authorities could serve Street Litter Control Notices  on commercial and retail premises requiring them to clear up litter and implement measures to prevent the adjacent land becoming defaced again. FPNs could be issued where the premises fail to comply.

It replaced these with Community Protection Notices and  Public Spaces Protection Orders

Community Protection Notices

Councils and the Police can act against  a person aged 16 or over, business or organisation committing anti-social behaviour which spoils the community’s quality of life  of those in the locality, is  of a persistent or continuing nature; and is unreasonable.

See Statutory guidance page 38.

This says a CPN  could deal with litter on private land but, as far as I can see, this would only apply when the occupier of the land has deposited it e.g. in his front garden. It cannot do the job of a Litter Clearance Notice which could have been used, say, against the managing company of a highway service service station that allowed its lorry park to become defaced by the litter.

However please see this standard warning letter from Trafford Council threatening to issue a CPN against the occupier/ owner of land which has become littered supplied by Terry Dean.

It would appear that a CPN could be issued to the landlord of a HMO (House of Multi Occupation) where domestic waste is being improperly left for collection in effect being fly-tipped outside the premises. Please refer to this page on Oxford City’s web site Flats and HMO Recycling and Refuse Information for Residential Domestic Agents. It says

If any bins presented for collection do not comply with our policy, the Council will serve a Community Protection Notice under the Anti-social Behaviour, Crime and Policing Act 2014. This will require the landowner to clear the site at regular intervals as described within the notice. Non-compliance with the notice could lead to legal action being commenced.

Public Spaces Protection Orders

Councils, after consultation with the Police can act to stop individuals or groups committing anti-social behaviour in a public space likely to have, a detrimental effect on the quality of life of those in the locality, is persistent  and  unreasonable. They can restrict the access to public spaces of individuals or groups

See  Statutory guidance page 46

Home Office – Reform of anti-social behaviour powers -Litter and rubbish 

This note from the Home Office looks at how the 2014 Act affects litter and rubbish issues.

It explains that  Litter Clearing  and the Street Litter Control Notices are being replaced by Community Protection Notices.

A CPN can be used where an individual or organisation can be identified as being responsible for the behaviour. If breached it allows the council to clear rubbish, for example, from a garden.

EPA Part III S79 – S82 Statutory nuisance 

Most interestingly it goes on to say that as well as the new powers available through this legislation, accumulations of litter and rubbish can also be dealt with as a statutory nuisance, where the behaviour is prejudicial to health or constitutes a nuisance. Councils have a statutory duty to issue an abatement notice where this test is met.

So, in the lorry park  example it seems that the appropriate procedure would be for the council to act  using these provisions.

I note that EPA S70 says:  “it shall be the duty of every local authority to cause its area to be inspected from time to time to detect any statutory nuisances which ought to be dealt with under section 80 below  and, where a complaint of a statutory nuisance is made to it by a person living within its area, to take such steps as are reasonably practicable to investigate the complaint“. Councils have to be pro-active. They should be inspecting the lorry parks etc in their areas.

 Peter Silverman
2nd February 2017

 

Comments are closed.