Photos:
30th June 2011
12th July 2011
22nd July 2011
3rd August 2011
13th August 2011
Aerial view
Signed summons
Covering letter
Covering e-mail
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
15th August 2011
Dear Sir or Madam,
Complaint for a Litter Abatement Order against London Underground Ltd
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 5th August 2011 and accompanying correspondence.
4. A draft summons
I am also enclosing cheque for the fee of £200 made payable to the “HMCS”
I checked the area I am complaining about at 7.00 am this morning and it was still heavily littered. I will check it again later today and will only deliver the summons if it is still defaced by litter at that time.
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:
15th August 2011
Defendant:
London Underground Ltd,
c/o Andrea Clarke, Director Legal, Floor 6, Windsor House, 50 Victoria St, London SW1H OTL
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.
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 / LUL Land
.
My attention was drawn to this 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
On 15th June I received a call from a Nigel Jones of LUL’s Community Relations team saying that the land would be inspected “this week”. He said it was subject to a quarterly inspection regime.
I received this e-mail from him on 3rd August:
To Peter Silverman
From: Hammond Clive [mailto:Clive.Hammond@tube.tfl.gov.uk]
Sent: 03 August 2011 19:50
To: ‘p@petersilverman.com’
Subject: Group Properties
Good evening
I just wanted to let you know that I have forwarded on your request to have the land cleared to Group Properties.
Kind regards
Nigel Jones
Nigel Jones| Community Relations
(Engineering & Maintenance)
Public HelpLine – 0845 257 7878
London Underground | 5th floor East Wing, 55 Broadway, London, SW1H 0BD
I replied on 4th August as follows:
From: Peter Silverman [mailto:p@petersilverman.com]
Sent: 04 August 2011 09:29
To: ‘Hammond Clive’
Subject: Ruislip Manor
Nigel, thank you for your e-mail of 3rd August.
Just to recap, I submitted feedback via the TfL web form on 6th June saying
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
Although some cleaning did take place it was not brought up to an acceptable standard and the land still constitutes an eyesore.
Kind regards
Peter Silverman
He then e-mailed me as follows:
From: Hammond Clive [mailto:Clive.Hammond@tube.tfl.gov.uk]
Sent: 04 August 2011 11:17
To: ‘Peter Silverman’
Subject: London Underground
Good morning
This just came in, which I think you would find interesting.
JCDecaux have an obligation under the terms of their licence to keep the area around the advertising display unit(s) clean and tidy.
They recently sent a team to site to deal with this following the initial complaint from Mr Silverman and I understood that this has now been resolved.
Has a fresh complaint now been received? Can you confirm the date on the correspondence to which this relates please? Surely the site has not deteriorated again so quickly (the last clean up was on 06/07/11).
JC
Kind regards
Nigel Jones
Nigel Jones | Community Relations
(Engineering & Maintenance)
Public HelpLine – 0845 257 7878
London Underground | 5th floor East Wing, 55 Broadway, London, SW1H 0BD
E-mail: customer@metronetrail.com
This is an admission that no cleaning took place between 6th July and 4th August. The evidence provided by the enclosed photographs and my visit this morning indicates that no further cleaning has subsequently taken place. The land has therefore not been cleaned for 5 ½ weeks and is clearly badly defaced by litter
[I submitted a freedom of information request on 5th July to TfL asking, inter alia, for the last 3 occasions when this land was cleaned. In spite of promising to respond in the statutory 20 days they failed to do so.]
Conclusion
The land is relevant land of London Underground Ltd (LUL), the designated statutory undertaker.
They have failed to fulfil their duty under the Environmental Protection Act S 89 (1) (e) to ensure that their relevant land is, so far as is practicable, kept clear of litter and refuse.
The litter Code of Practice addresses the issue of practicality for this type of land in section 7.4 as follows:
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 fall into this category.
On each occasion I have visited and photographed the area it has been Grade D (heavily affected by litter and/ or refuse with significant accumulations).
Under EPA S91 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 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 person to clear the litter or refuse within a specified time.
I am therefore asking the court to summons the defendant and hear my complaint for a Litter Abatement Order.
Peter Silverman 15th August 2011
Warning Notice & Correspondence
From: Peter Silverman [mailto:p@petersilverman.com]
Sent: 05 August 2011 15:27
To: ‘andreaclarke@tfl.gov.uk’
Subject: Section 91 EPA Warning Notice
Attn: Ms Andrea Clarke,
Legal Director of London Underground Ltd
Dear Ms Clarke,
Please find attached for your attention a Warning Notice issued to London Underground Ltd under Section 91 of the Environmental Protection Act 1990.
I understand that you are the Legal Director of London Underground Ltd and, according to Mr David Farmiloe, the land referred to in the warning notice is relevant land within the meaning of section 86 of the Act and that London Underground Ltd is a designated statutory undertaker for the land.
Peter Silverman
20 Kingsend
Ruislip
HA4 7DA
01895 625770
Section 91 Environmental Protection Act 1990 Notice
For the attention of:
London Underground Limited
TAKE NOTICE that I Peter Silverman of 20 Kingsend, Ruislip, Middlesex HA4 7DA claim that the land described in the schedule hereto is relevant land for which you have a duty under S89 (1) of the Environmental Protection Act 1990 as the designated statutory undertaker to ensure, so far as is practicable, is kept clear of litter and refuse.
AND TAKE NOTICE that you have failed to keep the land described so far as is practicable clear of litter and refuse
AND TAKE NOTICE that as I am aggrieved by the defacement by litter and refuse of this land 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 this land.
5th August 2011
Peter Silverman
20 Kingsend, Ruislip, Middlesex HA4 7DA
Schedule:
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.
From: Ameen Abbey [mailto:AbbeyAmeen@tfl.gov.uk]
Sent: 05 August 2011 17:04
To: ‘p@petersilverman.com’
Subject: Re: Application
Dear Mr Silverman
We acknowledge receipt of the section 91 Notice served on London Underground and I can confirm we will be acting for London Underground in this matter. I will be your main contact.
We note that you have presented your Notice with a link to an aerial view of the area of Victoria Road Uxbridge, Ruislip Manor subject of your grievance. We are unable to accept this Google type aerial photograph which is undated and in fact unclear.
As you were notified by Mr David Farmiloe on 5 July 2011, the area in question has been cleared of all refuse/litter. If you insist the area remains unclear, you must provide further evidence of continuing litter/refuse with dated photographs and time. In the meantime London Underground will investigate the substance of your Notice and as soon as a view is taken i will once again be in contact with you.
Regards
Abbey Ameen
————-
Below is the “notification” referred to. It does not say that the area has been cleared only that Mr Farmiloe had written to JC Decaux
From: Farmiloe David [mailto:DavidFarmiloe@tfl.gov.uk]
Sent: 05 July 2011 11:58
To: p@petersilverman.com
Subject: FW: EPA Section 91 Warning Notice
Dear Mr Silverman
Thank you for your email of 30 June addressed to the Mayor that he has asked me to respond to.
I have established that the land in question is owned by London Underground Limited and licensed to JC Decaux for the erection of advertising hoardings. As part of that licensing framework Agreement JC Decaux are obliged to keep the site tidy and our Group Property and Facilities team have written to them today to remind them of their obligations, a copy of the email is attached for your information.
I trust that in the circumstances you will agree that your complaint to the Magistrates Court is no longer required. But please feel free to advise me if the promised remedial work and ongoing responsibilities are not met.
Yours sincerely.
David Farmiloe
TfL Legal
6th Floor, Windsor House 42-50 Victoria Street, London SW1H 0TL
Tel: 020 7126 3071 (auto: 63071)
Fax: 020 7126 4598 (auto: 64598)
Email: davidfarmiloe@tfl.gov.uk
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:
London Underground Ltd,
c/o Andrea Clarke, Director Legal, Floor 6, Windsor House, 50 Victoria St, London SW1H OTL
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.
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
Summons for Litter Abatement Order
