Decision details

Cabinet had before it a report * from the Environment and Enforcement Manager on Environment and Education Policy Review.

The Cabinet Member for Environment and Services outlined the contents of the report with particular reference to the following:

·         The Street Scene Environment and Enforcement Team, together with Legal Services, had undertaken an internal review of the current policies in line with existing Government legalisation and they were now up to date and fit for purpose.

·         The importance of the work to ensure the recycling waste was disposed of correctly under the new 3 weekly bin scheme and Mid Devon District Officers take appropriate action where offences happen to keep the streets tidy.

The Environment and Enforcement Policy outlined the contents of the report with particular reference to the following

·         Inclusion of a 50% discounted rate for a period of 14 days enabled the authority to show proportionate measures in respect of littering. Discounted periods had shown to increase the percentage of payments against such fines

Discussion took place regarding:

·         Clarification around the 50% reduction in the fixed penalty notice.

·         The form of poverty premium, those that could afford to pay immediately get discounted at 50% and those who cannot will have to pay in full.

·         Evidence of littering those would receive a penalty with a discounted rate and this went against Full Council agreement on Poverty Premium.

·         Those in position of poverty, would the policy be flexible in regards to payment terms or plan to be put in place?

·         Evidence of other Local Authorities with receiving payments quicker at a discounted rate.

·         To add to the policy for residents to contact the Enforcement Team if they were in financial difficulty. 

·         The sale of dogs in the stray dog policy and did the policy reflect the new legislation on XL Bully’s and euthanasia?

·         Stray dogs were held for a minimum period of seven clear days what was the maximum?

·         In regards to waste and recycling, did Mid Devon District Council have the appropriate resources?

·         Communal areas being used incorrectly when disposing of waste.

·         The abuse when out in the community litter picking. How many officers were there on the ground to catch the perpetrators when littering.

·         If the perpetrators were minors would they face prosecution in regards to littering?

·         What was the cost of administration of a 14 day fine or 30 day? Would this period need to be changed due to people receiving monthly salaries to save further administration costs. 

·         Concerns around the serving of a Section 46 (1) Notice did not imply that a household was not managing their waste properly and, as such, the notices may be served on as many properties as appropriate to enable a consistent and fair approach to enforcement across the District.

·         The concerns about the stage one of the enforcement procedures.

The Chief Executive made particular reference to the following:

·         The remit of the Council to seek to take a proportionate review on individual cases.

·         The element of discretion of how robustly the Council takes forward prosecution and legal matters.

RESOLVED that:

1.    Litter Policy to be implemented to reflect Defra guidance on proportionate, effective, targeted, transparent and consistent approach to littering offences (Appendix F)

2.    Amend the Fixed Penalty Notice (FPN) for littering to include a 50% discount for a period of 14 days from the date of the offence

3.    Review and approve wording simplification:

·         Stray Dog Policy (Appendix A)

·         Littering from Vehicles (Appendix B)

·         Compulsory Recycling (Appendix C)

·         Fly Tipping minor wording amendment regarding FPN value (Appendix D)- Note Only- Agreed at Cabinet on 12 December 2023.

4.    Approve Abandoned Vehicle Policy wording changes (Appendix E)

Proposed by Cllr J Wright and seconded by Cllr J Lock)

Note: * Report previously circulated.