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Can local authorities require bins to be brought in off highway by section 46 EPA?
Answer:
YES. It is interesting that recent indications from the government suggest the government is considering legislation to prevent the issue of penalties for failing to bring bins back in - this does of course suggest that the government accepts that such powers do currently exist. The situation remains the same notwithstanding the waste review, as the government acknowledges that removal of criminal penalty powers will require amendment of primary legislation.
Membership fees start from as little as £900 per annum, per organisation.
Used well, our membership service has no real cost and can save money for our clients – how?
Answer:
YES. It is interesting that recent indications from the government suggest the government is considering legislation to prevent the issue of penalties for failing to bring bins back in - this does of course suggest that the government accepts that such powers do currently exist. The situation remains the same notwithstanding the waste review, as the government acknowledges that removal of criminal penalty powers will require amendment of primary legislation.
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Continues...... Regardless of the fact that several authorities have already obtained convictions in relation to non-compliance with such requirements, the answer is contained in section 46 itself: Section 46 provides that no requirement may be made to place a receptacle on highway unless consent has been obtained from the highway authority and there are sufficient insurance arrangements in place. No highway authority may give open ended consent to widespread obstruction of highway. Placement for collections necessarily involves recovery of any such receptacle as an essential part of that same process. To place a receptacle on highway and to leave it there is not a placement for collection, but an occupation of highway as a waste storage facility. Of course, in London, this is strengthened further by an amendment to section 46 that specifically states that requirements may be made to prevent detriment to amenity generally. I would add that the leaving of waste receptacles on highway is not only unsightly and obstructive but in many areas is known to be a significant contributor to other anti-social behaviour, such as arson and burglaries. |
Ongoing member support services
Ongoing Support:
We provide online support in environmental matters for practitioners encountering difficult situations, or simply wishing to expedite research. Our clients can expect a response to most queries within 48 hours by direct email. More complex issues may be handled by telephone.
Environmental regulation queries are handled by our founder, David Armstrong. Broader queries concerning public realm issues may be handled by one of our network specialists, depending upon requirements and the nature of the query.
The environmental regulation support service is provided to our members as an integral component of the membership service. This service complements the wide spectrum of specialist resource materials available within the membership site.
Specialist materials include “how to” guides, updated summaries of relevant legislation, offence and tactical guides.
Ongoing Support:
We provide online support in environmental matters for practitioners encountering difficult situations, or simply wishing to expedite research. Our clients can expect a response to most queries within 48 hours by direct email. More complex issues may be handled by telephone.
Environmental regulation queries are handled by our founder, David Armstrong. Broader queries concerning public realm issues may be handled by one of our network specialists, depending upon requirements and the nature of the query.
The environmental regulation support service is provided to our members as an integral component of the membership service. This service complements the wide spectrum of specialist resource materials available within the membership site.
Specialist materials include “how to” guides, updated summaries of relevant legislation, offence and tactical guides.