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Decision details

Enforcement of householder duty of care - MAR20/CMDN/94

Decision Maker: Cabinet Member for Communities

Decision status: Recommendations Approved

Is Key decision?: Yes

Is subject to call in?: Yes

Purpose:

The Cabinet Member:

 

1.    Agreed that the Council will use additional enforcement powers granted under the amended Environmental Protection Act 1990, to issue Fixed Penalty Notices to individuals where there is evidence that they have breached their duty of care for disposal of household waste.

2.    Set the fine rate for the offence of £400.00 if paid within 28 days.

 

Reasons for the decision:

Do not use the local authority powers to issue FPNs and continue to prosecute individuals through the court for not suppling waste details.  This is a lengthy and costly process, with very few cases meeting the threshold for this action.

 

Alternative options considered:

Do not use the local authority powers to issue FPNs and continue to prosecute individuals through the court for not suppling waste details.  This is a lengthy and costly process, with very few cases meeting the threshold for this action.

 

Interests and Nature of Interests Declared:

None.

Background Documents:

None.

Publication date: 24/03/2020

Date of decision: 24/03/2020

Effective from: 28/03/2020

Accompanying Documents: