Agenda item

To receive a report from the Group Manager of Street Scene and Open Spaces on the updates to the Environment Education and Enforcement Policy

 

The Group had before it a *report of the Group Manager for Street Scene and Open Spaces detailing changes to the Environment Educational Enforcement Policy.

 

The Group discussed enforcement and neighbouring authorities who were using independent companies to carry out enforcement action in their areas. The Group discussed the pros and cons of using outside contractors and gave consideration to:

 

·         Current officer capacity to deal with litter enforcement

·         Costs for employing a contractor to carry out enforcement duties

·         How complaints about fixed penalty notices issued by a contractor would be handled

·         The Enforcement Policies were valid for 10 years so a decision with regard to the use of contractors would need to be settled prior to adopting them

·         The capacity of the current legal team to deal with non-payment of fines issued by contractors

·         The appetite for external companies to run operations in Mid Devon as the opportunity for profit was not guaranteed

·         The possibility of joint arrangements with a neighbouring authority to employ a contractor for enforcement duties

 

The Group AGREED that officers explore a private company to undertake enforcement duties throughout the District and to investigate working with neighbouring authorities to provide a contracted out service. Members requested that a report be brought back to a future meeting of the Policy Development Group giving clear recommendations on the options available for contracted out enforcement duties and the costs associated with them.

 

(Proposed by the Chairman)

 

Fly Tipping Policy

 

The Group discussed the amended Fly Tipping Policy and considered the following points:

 

·         Scenarios when prosecution would not be appropriate

·         The maximum fines set by the Government

·         Compliance with the code of prosecutors for prosecutions

·         The need to publicise successful prosecutions

·         The use of mobile CCTV

·         The cost of purchasing mobile CCTV equipment

 

The Group Manager for Performance, Governance and Data Security explained that a Policy on the use of CCTV, which would include mobile CCTV units, was currently being investigated by officers and that this would be presented to the Community PDG by July.

 

The Group RECOMMENDED to the Cabinet that:

 

i)        The amended Fly Tipping Policy (Appendix A) be renewed

ii)        The fixed penalty notices be increased from £200 to £400 for fly tipping

iii)        The powers to use CCTV, subject to investigation into the powers allowed under regulations, to assist with fly tipping fixed penalty notices be authorised

 

(Proposed by the Chairman)

 

Littering from Vehicles Policy

 

The Group discussed the Littering from Vehicles policy and agreed that the delegation of powers to officers was not clear. Members requested that this be updated and the Constitution be amended if required.

 

The Group RECOMMENDED to the Cabinet that:

 

iv)        The Littering from Vehicles Regulations 2018 Policy (Appendix B) be adopted subject to confirmation of delegated powers to officers.

 

(Proposed by the Chairman)

 

Compulsory Recycling Policy

 

The Group discussed the Compulsory Recycling Policy and considered the following:

 

·         The need to tell residents that they had to recycle and what they can recycle

·         Residents living in flats

·         Different district recycling schemes

·         Education about food waste

 

The Group RECOMMENDED to the Cabinet that:

 

a.    The revised Compulsory Recycling Policy to follow government guidelines  (Appendix C) be adopted subject to: the inclusion of information on what could currently be recycled

 

(Proposed by the Chairman)

 

Public Space Protection Order

 

The Group discussed the Public Space Protection Order and Members felt that the document presented required further work before the consultation process began. The Solicitor explained that the current dog fouling order was due to end in October 2020.

 

The Group AGREED that the Public Space Protection order should be deferred until the March meeting of the Environment Policy Development Group for officers to prepare and present a revised covering report and plan that could be recommended to Cabinet for public consultation.

 

(Proposed by Cllr R L Stanley and seconded by Cllr D R Coren)

 

Abandoned Vehicle Policy

 

The Group discussed the Abandoned Vehicle Policy and consideration was given to the following:

 

·         Clarification of Authorisations

·         What amounts to service

·         Letter in ordinary post was sufficient for giving notice

 

The Group RECOMMENDED to the Cabinet that:

 

v)        The amended Abandoned Vehicle Policy be adopted (Appendix E)

 

(Proposed by the Chairman)

 

Stray Dog Policy

 

Members advised that they required changes to some of the wording of the Policy and that the process for dealing with dogs with microchips should be added as an appendix to the policy.

 

The Group RECOMMENDED to the Cabinet that:

 

vi)        The amended Stray Dog Policy be adopted subject to:

                                  i.    3.6 Unclaimed strays – the wording be amended to: By destroying it humanely and by a qualified veterinary surgeon

                                ii.    4.0 Penalties and payments – Remove the administration and kennelling specific fees and replace with ‘current contractor fees’

                               iii.    Inclusion of the process for dealing with dogs with microchips

And:

 

vii)        Authority for the Environment and Enforcement Manager to be the officer appointed under section 149 of the Environmental Protection Act 1990 be granted. (Appendix F)

 

(Proposed by the Chairman)

 

Note: *Report previously circulated and attached to the minutes.