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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 £950 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. |
Unique Places Network
The Unique Places Network has been established to provide local authorities, other private and public bodies, their contractors and the diverse communities they serve, with the range of skills needed to overcome contemporary challenges, including those involved in meeting the Government’s economic and operational change agenda. Ultimately, it is about making people and places more sustainable.
The Network comprises a small number of like-minded, highly experienced, independent practices that offer complementary skills, including:
The Marketing Works – an established market research company which places strong emphasis on original research. This enables Simon Strutt and Carolyn Bird, the partners, not only to work in mainstream commercial product and brand development (where they have diverse international ‘blue chip’ clients), but also on varied projects with public sector, environmental and other not-for-profit partners;
Mallard Consultancy – directed by David Armstrong, Mallard is probably Britain’s leading authority on local environmental law and provider of advice on trouble-shooting, procedural evaluation and re-drafting, and training - including on enforcement issues. David provides on-line and on-site support services to a large number of UK local authorities;
JHA – directed by James Holmes, an experienced technical innovator in local environmental monitoring, remote data capture, analysis and reporting. James has also worked as a project manager of community and volunteer environmental education and action programmes;
Sustaining Places – directed by Brian Johnson, Sustaining Places offers the range of services needed to ensure people and places can thrive, including local environmental service specification, delivery and management, public realm design, community engagement, and related skills, training and development.
Our Approach - Network members regard each client and project as unique and relish the opportunity to develop and tailor solutions to meet these varied needs. Because network members are small, very efficient businesses, clients receive the double-benefit of dealing directly with the senior, named staff for a fraction of the fees charged by larger firms. And yet together the Network has the technical and operational capacity to tackle large, complex projects.
The Unique Places Network has been established to provide local authorities, other private and public bodies, their contractors and the diverse communities they serve, with the range of skills needed to overcome contemporary challenges, including those involved in meeting the Government’s economic and operational change agenda. Ultimately, it is about making people and places more sustainable.
The Network comprises a small number of like-minded, highly experienced, independent practices that offer complementary skills, including:
The Marketing Works – an established market research company which places strong emphasis on original research. This enables Simon Strutt and Carolyn Bird, the partners, not only to work in mainstream commercial product and brand development (where they have diverse international ‘blue chip’ clients), but also on varied projects with public sector, environmental and other not-for-profit partners;
Mallard Consultancy – directed by David Armstrong, Mallard is probably Britain’s leading authority on local environmental law and provider of advice on trouble-shooting, procedural evaluation and re-drafting, and training - including on enforcement issues. David provides on-line and on-site support services to a large number of UK local authorities;
JHA – directed by James Holmes, an experienced technical innovator in local environmental monitoring, remote data capture, analysis and reporting. James has also worked as a project manager of community and volunteer environmental education and action programmes;
Sustaining Places – directed by Brian Johnson, Sustaining Places offers the range of services needed to ensure people and places can thrive, including local environmental service specification, delivery and management, public realm design, community engagement, and related skills, training and development.
Our Approach - Network members regard each client and project as unique and relish the opportunity to develop and tailor solutions to meet these varied needs. Because network members are small, very efficient businesses, clients receive the double-benefit of dealing directly with the senior, named staff for a fraction of the fees charged by larger firms. And yet together the Network has the technical and operational capacity to tackle large, complex projects.