Agenda item

(a)       That the Committee support the Environmental Enforcement Policy in Flintshire;

(b)       That the Committee support the statutory powers to deal with abandoned trolleys under Section 99 of Schedule 4 of the Environmental Protection Act 1990; and

(c)        That the Director of Environment reviews the proposed charges for the collection, storage and disposal of abandoned trolleys prior to submission of the report to Cabinet.    

The Interim Environmental Protection Manager introduced a report to seek approval of the Environmental Enforcement Policy and statutory powers to deal with abandoned shopping trolleys, under Section 90 and Schedule 4 of the Environmental Protection Act 1990 as amended by the Clean Neighbourhood and Environment Act 2005.  

            During 2012 the Council’s Internal Audit team carried out a review into cleanliness in the public realm and a key recommendation of this audit had been to set out a clear policy direction on enforcement within this area.  The Environmental Enforcement Policy explains the Council’s approach towards key environmental /Council enforcement issues faced by residents and staff on a daily basis.  The Policy is intended to be a reference point to residents, Members and officers instead of having to make contact with several department or areas of the website to find out information. 

            Councillor David Evans thanked the Interim Environmental Protection Manager for the report but raised concerns regarding residents who continued to dispose of their waste in alleyways even though they had been contacted by officers on numerous occasions.  He also raised concern on the length of time taken to remove the waste and that no action was being taken against any individual.  He commented on unsightly properties and asked how this could be tackled if it was not an environmental health issue, and asked what measures were in place to assist elderly residents or families on low income to remove bulky waste from their properties.  He also felt that charges set out in the report for collecting, storing and disposing of abandoned trolleys should be increased.

            The Interim Environmental Protection Manager acknowledged that taking action against individuals for fly-tipping was difficult to progress due to the need to evidence that the Council had done all it could to educate residents on when their bins are collected and ensuring that they had the most appropriate bin as well as giving them the opportunity to change their behaviour.  Only when those steps had been taken could action be taken against an individual.  One option currently being considered to tackle fly-tipping was the installation of CCTV, which would provide evidence of fly-tipping, funded through a Welsh Government (WG) grant.  The Neighbourhood Policy & Strategy Manager reported that through the bulky waste collection system elderly residents or individuals in receipt of job seekers allowance could get their bulky items collected free of charge.  The Director of Environment said that he would review the charges currently set for dealing with abandoned trolleys.  If it was felt that this should be increased, the amended charge would be reflected in the Cabinet report. 

            The Chairman asked how many notices had been served under S215 of the Town and Country Planning Act 1990.  The Interim Environmental Protection Manager reported that there had been 8 successful notices issued across Flintshire.  The Chairman asked that further information on the criteria needed to issue such a notice be provided to the Committee by the Planning Department.  Councillor Paul Shotton suggested that derelict/unsightly properties be added to the Committee’s forward work programme for consideration at a future meeting.   

            Councillor Ian Dunbar commented on the age group of individuals who would be approached through the work and corrective action of the Policy and suggested that corrective action should be considered for individuals younger than the age of 16.  He asked that information be made available to clarify what was meant by the term ‘Alcohol Free Zone’ and congratulated the Council on the recent fine issued by the Court for dog fouling.

            The Cabinet Member for Public Protection, Waste & Recycling agreed that there was some confusion around the term ‘Alcohol Free Zone’ and suggested that making information available could be carried out in conjunction with Town and Community Councils.  The Interim Environmental Protection Manager explained that where offences were carried out by individuals under the age of 16 the Council would work closely with the Youth Justice Service to signpost the individuals to a range of other services available. 

            Councillor Mike Reece asked if consideration could be given to allowing the Coastal Rangers to issue tickets to individuals who breached the Policy and also whether Housing Officers could be asked to contact the Enforcement Team if they were aware of properties where refuse bags were being left in gardens of Council properties.  The Interim Environmental Protection Manager explained that consideration was being given to providing appropriate training to Council staff who were out and about across Flintshire on a daily basis to issue tickets to individuals breaching the Policy.  He also said that he would liaise with the Head of Housing to ensure that there was an appropriate connection between Housing Officers and the Enforcement Team.

            Councillor Ann Minshull raised concern over the number of residents who had not been issued with food waste bags following their request for them.  She asked if litter pickers could be provided to the walking group in Shotton and whether the staff collecting litter in Shotton could be re-issued with the handcarts they had previously been using.  The Director of Environment agreed to provide the walking group in Shotton with litter pickers and said that he would look into the matter on food waste bags.  He reported that the use of handcarts had been piloted for a short time across Flintshire.  He said that he would liaise with the Head of Streetscene and provide a response on the outcome of the pilot to the Committee at a future meeting.

            Councillor Ray Hughes asked that Local Members be informed when Enforcement Officers would be visiting an area within their Ward.  Councillor Colin Legg asked that penalties incurred for leaving mud on the roads could be dealt with sensitively.  The Cabinet Member for Public Protection, Waste & Recycling said that where mud had been left on the road the individuals would be approached and advised to clear it up, following this approach, penalties would be incurred if the mud was not cleared.  

            Councillor Veronica Gay raised concerns on the resources available to implement the Policy and suggested that the Dog-Watch scheme be re-launched following its earlier success.  She also raised concern around commercial properties which were in need of repairs and asked how many businesses had accessed the European Regional Development Fund (ERDF) scheme.  She also asked if an officer from Streetscene could be invited to take part in future Environmental Visual Audits (EVA’s) to encourage stronger links between Council departments.

            The Interim Environmental Protection Manager commented on the success of the Dog-Watch scheme and consideration was currently being given to resource, deliver and develop the scheme in the future.  He noted the suggestion for an officer to take part in future EVA’s.  The Director of Environment said that he would ask the Economic Development Manager to provide a response to the Committee on the number of businesses that had accessed the ERDF.                 

            In summing up, the Chairman said that the Committee was pleased with the report but that further consultation needed to be carried out with the community to ensure that the Policy was being implemented effectively.

            The Cabinet Member for Public Protection, Waste & Recycling thanked Members for their positive comments and said that the Policy would enable the Enforcement Team to be more efficient.    

RESOLVED:

(a)       That the Committee support the Environmental Enforcement Policy in Flintshire;

(b)       That the Committee support the statutory powers to deal with abandoned trolleys under Section 99 of Schedule 4 of the Environmental Protection Act 1990; and

(c)        That the Director of Environment reviews the proposed charges for the collection, storage and disposal of abandoned trolleys prior to submission of the report to Cabinet.