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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. |
Trouble Shooting
Troubleshooting has proven to be one of our most useful client services, as it can be used not only to get specific cases or procedures back on line but also to identify key difficulties in client procedures and remedy them in-house.
Examples of our trouble shooting work has included:
Troubleshooting has proven to be one of our most useful client services, as it can be used not only to get specific cases or procedures back on line but also to identify key difficulties in client procedures and remedy them in-house.
Examples of our trouble shooting work has included:
- identifying reasons for poor issue / payment rates in FPN procedures
- identifying and re-structuring unproductive work practices
- reconciling communication issues and procedural disputes
- devising efficient procedures and strategies for new initiatives