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A355 Magistrates Court – Statement

On September 1, 2010, in Beaconsfield A355, Magistrates Court, by PeterSilverman

Complaint for a Litter Abatement Order
A355 Beaconsfield
Statement by the Complainant

I have visited the area on a regular basis since March 2010 when I started to collected photographic evidence for my complaint for a Litter Abatement Order against the Secretary Of State for Transport over the condition of the M40.  The bridges over junction 2 provided a safe vantage point from which to photograph the motorway below.  On each occasion I parked in the lay by on the A355 to the north.  Visits took place on 23rd March, 12th April, 29th April, 2nd June, 12th June, 24th June and  21st July.

On each and every occasion I noticed that the roundabout and the section of the A355 running north to the junction with the A40 was always badly littered.  Whilst the area of the lay by was clearly subject to daily littering by motorists and lorry drivers stopping there to avail themselves of the bins and the mobile food and drink van and may therefore have been cleaned from time to time the central reservation gave the impression that it was being completely neglected.

On the 22nd July I sent an EPA Section 91 Warning Notice to the Chief Executive of the South Bucks District Council giving them notice of my intention to make a complaint for a Litter Abatement Order in respect to both the roundabout and the A355.

Between the 9th and 12 August a comprehensive clean up of the roundabout took place. However no action was taken then or subsequently to clean the central reservation of the A355 as is evidence by the attached photographs taken of the same location on 21st July, 9th, 19th and 27th August.  The same piece of blue plastic can be seen in each photograph.

Please note that I only started to photographically record the condition of the central reservation on 21st July.

In respect to this section of the A355 the South Bucks District Council are clearly failing in their duty under EPA S 89 (1) (a) to ensure its highways are, so far as is practicable, kept clear of litter and refuse.

Please note that on my way to submitting this complaint I will check to see if the central reservation has been cleaned and only deliver it if it has not been cleaned.
Peter Silverman

29th August 2010


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