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In 2014 the then MP for Yardley John Hemming  applied to the Magistrates Court for an order under EPA S91 Summary proceedings by persons aggrieved by litter (Litter Abatement Order) requiring Birmingham City Council to remove bags of green waste they had allowed to accumulate on the roadside. See Green waste problem in Birmingham.

The case came to court on 10th October. I was privileged to act as John’s MacKenzie Friend in Court. To my astonishment not only did the court not issue an Order but concluded that Mr Hemming had not acted reasonably which meant he was obliged to pay BCC’s costs of £13,101.

He immediately appealed to the High Court and then to the Court of Appeal The latter appeal was lost on 19th July 2016.

Undeterred on 23rd August 2016 he submitted a complaint to the Aarhus Convention Compliance Committee arguing that the UK government was in breach of Article 9 (4) of the Convention in that EPA S91 did not provide a remedy, that was effective, fair, equitable, timely and not prohibitively expensive.

As can be seen from these recent communications a decision is expected shortly:

Questions from the Committee – 29th Oct 2020
Final submission by UK – 24th November 2020
Final submission by JH – 26th Nov 2010

In addition Observer Statements were made by me on 5th November 2020 and 27th November and by George Niblock on the 9th November and 27th November.

All of the documents relevant to the case can be accessed here on the UNECE web site.


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