Issue - meetings

To consider a report by the Head of Environmental Health Services outlining the implications for the District Council of the Clean Neighbourhoods and Environment Act 2005.

  gave delegated authority to the Director of Operational Services to appoint authorised Officers to enforce the relevant provisions of the Clean Neighbourhoods and Environment Act 2005 –

under Part 2 of the Act in relation to nuisance parking, abandoned and illegally parked vehicles;

under Part 3 of the Act as it extends the statutory offence of dropping litter and amends the powers of local authorities in relation to litter;

under Part 4 of the Act as it amends the law relating to graffiti, fly-posting etc;

under Part 5 of the Act in relation to the miscellaneous provision about waste;

under Part 6 of the Act as it allows local authorities to create offences relating to the control of dogs; and

under Part 7 of the Act as it addresses various issues relating to noise nuisance.

  Delegated authority given to the Director of Operational Services, after consultation with the relevant Executive Councillor to have proceedings instituted to prosecute an offender through the Courts, for offences under the provisions of Parts 2, 3, 4, 5 and 6 of the Act;

Also gave delegated authority to the Director of Operational Services, after consultation with the Chairman and Vice-chairman of the Licensing and Protection Panel (as appropriate) to have proceedings instituted to prosecute an offender through the Courts, for offences under the provisions of Part 7 of the Act;

delegated authority also given to the Director of Operational Services, after consultation with the Executive Councillor for ‘Housing and Public Health’ (or successor) and a relevant Ward Member to formally request Cambridgeshire County Council to exercise their authority under Part 1 of the Act to allow the gating of minor highways that attract anti-social behaviour; and

requested a further report on the implementation of Fixed Penalty Notices.

With the assistance of a report by the Head of Environmental Health Services (a copy of which is appended in the Minute Book), the Cabinet were acquainted with the provisions of the Clean Neighbourhood and Environment Act 2005 and the consequential implications for the District Council.

Whilst the Act extended the powers of the Council to deal with "environmental crimes" in the District, Members expressed concern that no direct additional funding was likely to be made available by the Government to assist in its implementation.  Against the background of insufficient additional resources being forthcoming in respect of the costs of implementing new duties under the Act and having referred to the difficulties inherent in issuing fixed penalty notices, the Cabinet

RESOLVED

  (a)  that delegated authority be given to the Director of Operational Services to appoint authorised Officers to enforce the relevant provisions of the Clean Neighbourhoods and Environment Act ,2005  as follows –

¨  Part 2 of the Act, in relation to nuisance parking, abandoned and illegally parked vehicles;

¨  Part 3 of the Act, as it extends the statutory offence of dropping litter and amends the powers of local authorities in relation to litter;

¨  Part 4 of the Act, as it amends the law relating to graffiti, fly-posting etc;

¨  Part 5 of the Act, in relation to the miscellaneous provision about waste;

¨  Part 6 of the Act, as it allows local authoritiesto create offences relating to the control of dogs; and

¨  Part 7 of the Act, as it addresses various issues relating to noise nuisance.

  (b)  that the Director of Operational Services be authorised, after consultation with the relevant Executive Councillor - to have proceedings instituted to prosecute an offender through the Courts, for offences under the provisions of Parts 2, 3, 4, 5 and 6 of the Act;

(c)  that the Director of Operational Services be authorised, after consultation with the Chairman and Vice-chairman of the Licensing and Protection Panel (as appropriate) to have proceedings instituted to prosecute an offender through the Courts, for offences under the provisions of Part 7 of the Act;

  (d)  that the Director of Operational Services, after consultation with the Executive Councillor for ‘Housing and Public Health’ and a relevant Ward Member be authorised to formally request Cambridgeshire County Council to exercise their authority under Part 1 of the Act to allow the gating of minor highways that attract anti-social behaviour; and

  (e)  that a further report be submitted to Cabinet relating to the implementation of Fixed Penalty Notices.