Decision details

Buckinghamshire Council as a unitary authority required a litter enforcement policy in order to undertake Litter Enforcement activities. The legacy Waste Collection Authorities (legacy District Councils) had the legal duties and responsibilities to deal with littering under the Environmental Protection Act 1990. It was for the relevant legacy authorities to consider priorities, investment, disinvestment in service areas including enforcement against Littering. The legacy Buckinghamshire County Council as Waste Disposal Authority had been funded by the legacy District Councils to undertake investigations into Fly-Tipping but didn’t have the resources and/or duty to tackle Littering.

As a unitary, Buckinghamshire Council had both waste collection and waste disposal tools available including the legal duties, responsibilities and powers. It was therefore proposed that the Council utilise these available tools and make arrangements to undertake and enforce littering. The Council could utilise a low-level enforcement response and make use of Fixed Penalty Notices (FPNs) for littering.  In the first year of the implementation of the Litter Enforcement policy it would focus on discovery, communication campaigns, education and some Enforcement activity.

Members were fully supportive of the enforcement policy and the proposed litter enforcement activities.  It was explained that the ‘Silver Package’ level of resources was a starting point, funded by £70,000 within the Council’s agreed budget, and the effectiveness of the activities would be monitored to inform future funding / resourcing provision.  

RESOLVED –

(1)          That the draft Enforcement Policy against Littering (Appendix A to the Cabinet report) be approved.

(2)          That the utilisation of powers to serve Fixed Penalty Notices (FPN’s) in response to littering offices be approved.

(3)          That a maximum fine of £150.00 be adopted and approved, and that it should not be discounted for early payment. 

(4)          That the level of resources to initially be deployed be approved as the ‘Silver Package’, as described in Buckinghamshire Council Littering Proposal Tiers at Appendix B to the Cabinet report.