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Please refer to Gov. policy: Ignore or dumb down the statutory duty on litter

On page 9 of the Fly-tipping responsibilities: Guide for local authorities and land managers  it says: “Under Part 4 of EPA 90 “principal litter authorities” must ensure, so far as is practicable, clearance of litter and refuse from “relevant land””. See e-mail of 12th April 2017 to DEFRA

DEFRA wrote in an e-mail to Alice Blogg of 30th Jan 2018 : As you are aware, Highways England (formerly the Highways Agency) is responsible for clearing litter from motorways and some trunk roads, while councils remain responsible for the cleaning of other, more minor roads.

In reply to her e-mail to Lord Gardiner DEFRA wrote to Sally Hart onthe 20th April 2018  saying: Highways England (formerly the Highways Agency) is responsible for clearing litter from motorways and some trunk roads, while councils remain responsible for the cleaning of other, more minor roads

In an e-mail to Sarah Crawford HE stated that under the EPA they are responsible for the removal of litter.

HE wrote to Simon Guise saying: Highways England is responsible for the maintenance and stewardship of motorways and trunk roads in England however the responsibility for litter collection on trunk roads falls with the local authority.

HE wrote in a letter of 19th April 2018 to a complainant: Secondly, there are time and cost considerations which need to be taken into account This is obviously important when there are safety risks, but it is also important in terms of ensuring the the most efficient use of resources. The latter, for example, will tend to favour carrying out litter and refuse clearance at a particular location as part of a programme of routine maintenance rather than as a separate exercise. This reflects the DEFRA Code of Practice on Litter and Refuse with which we look to comply.

DEFRA wrote to Nigel Hawkey in an e-mail of 19th June 2018 that “Local councils are responsible for keeping their relevant land clear of litter and refuse” which is consistent with the statutory duty. However, later in the same letter they say that Highways England are “responsible for clearing litter from motorways and some trunk roads”.

Peter Silverman
19th July 2018

 

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