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EPA Section 91 Notice wording

On June 24, 2010, in Legislation, by PeterSilverman

From: <your e-mail address>
Sent: <,date>
To: <recipients e-mail address>
Subject: Section 91 Environmental Protection Act 1990 Notice

Attention of:
Mr XXXX , Chief Executive of <name of local authority>
OR  Mike Penning (Under-secretary of State for Transport);

Dear Mr/Ms  XXXXX,

TAKE NOTICE that I < Name> of  <address>, claim that the highway described in the schedule hereto is one for which you have a duty under S89 (1) of the Environmental Protection Act 1990 to ensure, so far as is practicable, is kept clear of litter and refuse.

AND TAKE NOTICE that  you have failed to keep the highway described so far as is practicable clear of litter and refuse

AND TAKE NOTICE that as I am aggrieved by the the defacement by litter and refuse  of this highway I am giving you five days notice as required by S91 paragraph 5 of the Act that I intend to make a complaint to the Magistrates Court under S91 of the Act for an order to require you to clean the highway.


< your name>

<your address>

Schedule <Describe the stretch of road which is defaced by litter /refuse being as precise as you can e.g. saying which side it is on etc>


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