| Topic: | Re:Morrisons Recycling Centre is a mess | |
| Posted by: | Jim Linwood | |
| Date/Time: | 20/06/14 07:33:00 |
LB Hounslow have powers under the following legislation to deal with flytipping on private land: Sections 92A-C, including 94A Environmental Protection Act 1990 This gives give Local Authorities the power to issue a litter clearing notice which requires occupiers or land owners to keep their property clear of litter and refuse. Land must be restored within a minimum of 28 days to a standard specified by the local authority under the terms of the notice. It may also specify requirements to prevent the land from becoming defaced again. Failure to comply with a notice is an offence – the local authority can clean up the land and recharge the costs, and the offender could face a fine of up to level 4 on the standard scale or £2,500. Section 59 Environmental Protection Act 1990 Provides powers for waste regulation authorities and waste collection authorities to require the removal of waste unlawfully and knowingly deposited. If the occupier or owner fails to comply the authority can enter the land,remove the waste and recover the costs from the occupier. Part III (Statutory Nuisance) Environmental Protection Act 1990 District councils can serve an abatement notice if an accumulation or deposit is considered to be prejudicial to health or a nuisance. Reasonable costs can be recovered. Inert material, however, would not be categorised asa statutory nuisance. Section 215 Town and Country Planning Act 1990 Allows an authority to serve a notice on the owners and occupiers of land, requiring the site to be tidied up if the condition of any land is in such a state as to adversely affect the amenity of the neighbourhood. Section 22 (3) Control of Pollution Act 1974 Provides a power to district councils to arrange, with the agreement of the person owning or occupying the land, forthe cleaning of land in the open air (other than a highway) to which the public has access. Charges will be paid by theowner or occupier. Section 78 Public Health Act 1936 Provides powers for district councils to sweep and cleanseany court, yard or passage which is used in common by the occupants of two or more buildings (but is not a highway repairable by the inhabitants at large) and which is notregularly swept and kept clean to the satisfaction of the authority. The council may recover reasonable expenses from the occupiers of the buildings. |