Issue - meetings

To receive and consider report 39/06 of the Strategic Director. 

Introduction and Report Summary

This report recommends the adoption of a Local Environmental Quality Enforcement Strategy to guide the Council’s enforcement work on envirocrimes. This will be a working document subject to consultation and finalization in September 2006. In pursuit of this, the report recommends the adoption of a charging regime for Fixed Penalty Notices (FPNs) and other actions to allow their implementation from September 2006 onwards. It also indicates the offences for priority action.

The report also recommends consolidation of already agreed envirocrimes policies into a consolidated Environmental Health Enforcement Policy for consultation and finalization in September 2006

The contact officer for this report is David Stevens, Assistant Director (Environmental Health) telephone 01235 540378

Recommendations

(a)               thatMembers approve the draft Local Environmental Quality Enforcement Strategy attached at Appendix 1.

(b)                that Members recommend to Council the Charging Scheme for FPNs as attached at Appendix 3

(c)               that Members note the level of existing support for a Local Environmental Quality Enforcement Strategy outlined in Appendix 2 and agree that the proposed route for consultation and engagement should be to:

(i)         apply the draft Strategy as an interim strategy pending consultation

(i)                  address the outcome of public consultation over July and August 2006

(ii)                finalise the Strategy in September 2006

(d)               that Members approve the approach to enforcement policy changes, namely to

(i)                  consolidate previously agreed FPN criteria and Fly-Tipping prosecution presumption into the Environmental Health Enforcement Policy

(ii)                 consult on the consolidated Environmental Health Enforcement  Policy

(iii)                bring the Environmental Health Enforcement Policy to September Council

(e)       that Members note the proposed implementation and priorities for FPNs from September 2006 after a period of public awareness raising

(f)         that Members note that with existing resources it will be possible to provide a low level reactive response to incidents but not to extend this to patrolling or surveillance activities and that both the level of activity and related resource needs will be kept under review.  

(Time: 4.37pm to 4.53pm)

The Executive received and considered report 39/06 of the Strategic Director, which recommended the adoption of a Local Environmental Quality Enforcement Strategy to guide the Council’s enforcement work on envirocrimes.  The document would be subject to consultation and finalisation in September 2006.  The report recommended the adoption of a charging regime for Fixed Penalty Notices and other actions to allow their implementation from September 2006 onwards.  It also indicated the offences for priority action.  The report also recommended consolidation of already agreed envirocrimes policies into a consolidated Environmental Health Enforcement Policy for consultation and finalisation in September 2006. 

Members supported the proposals but asked that clearer descriptions of the various terms (e.g. fly-tipping) were provided for the public.  It was noted that early payment discounts would be given for payments of fines within ten working days. 

RESOLVED

(a)               that the draft Local Environmental Quality Enforcement Strategy, attached at Appendix 1 to report 39/06, be approved;

R E C O M M E N D E D

(b)               that the Charging Scheme for Fixed Penalty Notices, as set out in Appendix 15 to these minutes, be adopted;

RESOLVED

(c)               that the level of existing support for a Local Environmental Quality Enforcement Strategy outlined in Appendix 2 to report 39/06 be noted, and that the proposed route for consultation and engagement should be to:

(i)         apply the draft Strategy as an interim strategy pending consultation

(ii)        address the outcome of public consultation over July and August 2006

(iii)       finalise the Strategy in September 2006

(d)               that the approach to enforcement policy changes be approved, namely to:

(i)                  consolidate previously agreed Fixed Penalty Notices criteria and Fly-Tipping prosecution presumption into the Environmental Health Enforcement Policy;

(ii)                 consult on the consolidated Environmental Health Enforcement  Policy;

(iii)                bring the Environmental Health Enforcement Policy to the October 2006 Council meeting;

(e)       that the proposed implementation and priorities for Fixed Penalty Notices from September 2006 be noted, after a period of public awareness raising; and

(f)         that with existing resources it will be possible to provide a low-level reactive response to incidents but not to extend this to patrolling or surveillance activities and that both the level of activity and related resource needs will be kept under review.