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This post presents documentary evidence of Highways England’s (Highways Agency prior to April 2015) use of the Litter Code of Practice last resort response times to dumb down their statutory duty under EPA S89(1).

Jan 2017 –  E-mail from Highways England’s M25 contractor  “For those sections of the network that score a Grade C, we have a period of 28 days to rectify and return it to an acceptable condition”.

July 2017 – E-mail from HE  “Our service provider inspect the network weekly and should be programming in clearance works in accordance with the DEFRA Code of Practice”

Feb 2018 – E-mail from  HE’s M27 contractor  “Depending on the severity of the litter, they’re given a timescale to complete the clearance, usually up to 14 days for slip roads and 28 days for main roads”.

Feb 2018 – E-mail from HE  “If it degrades, we will return it to the required standard within the timescales set out in the Code of Practice.”

Nov 2018 – E-mail from HE Area 12  “In essence we grade the network for litter on a weekly basis and then apply the EPA timescales to any defects which are highlighted”.

Dec 2019 – E-mail from HE Team East re M11 – “The litter at this location was graded on 18 November and this information was passed to our contractors Ringway, to arrange for this area to be picked within 28 days.”

May 2017 – Highways England Area 4 AMOR Part 15 Sweeping and Cleaning Maintenance Requirement -relies mainly on Litter Codes last resort response times.

Peter Silverman


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