6.1

ENVIRONMENT AND LEISURE

FUNCTIONS DELEGATED TO THE DIRECTOR OF ENVIRONMENT AND LEISURE

Definitions

In this section the following definitions shall apply unless otherwise indicated:

“Envirocrime” means matters which adversely affect the environment including but not restricted to the unlawful deposit/disposal of waste (including litter), moveable dwellings, shopping trolleys and vehicles, misuse of the public highway, flyposting and graffiti, stray dogs and dog fouling.

“Environmental Services Contract” means the contract entered into by the council on 28th November 2011 for provision of environmental services and made between the council and Enterprise Managed Services Limited

“Events” means events either on Council owned or controlled premises or land or otherwise

“Highways Agreements” means highways agreements pursuant to the Highways Act 1980.

“New Roads and Streetworks” means new roads and streetworks referred to in the New Roads and Streetworks Act 1991.

“Parks and Countryside Matters” includes matters relating to parks, allotments, leisure gardens, common land and other open spaces generally and any ancillary buildings, footpaths and bridleways.

“Traffic Management Orders” means orders pursuant to the Road Traffic Regulation Act 1984.

“Stopping Up and Diversion Orders” means orders stopping up or diverting the highway pursuant to the Town and Country Planning Act 1990 or Highways Act 1980.

“Street Environment” means those parts of the borough consisting of public highway, residential and commercial areas, including those areas to which the public does not have access as of right.

“Unlawful waste disposal” means the unlawful disposal of waste and refuse including (but not limited to) littering and flytipping.

“Waste” includes any substance which constitutes scrap material, an effluent or any unwanted or surplus substance or a broken or worn out article.

Any reference to an Act above shall include a reference to all other related statutes, statutory amendments, re-enactment or subsidiary legislation or regulations

1General

1.1To exercise the Council’s functions in respect of Parks and Countryside Matters and Events generally.

1.2To exercise the Council’s functions as highway and traffic authority with regard to Highways management

1.3To exercise the Council’s functions as waste authority

1.4To exercise the Council’s powers, whether as highway authority, litter authority, planning authority or otherwise in respect of Envirocrime.

2Miscellaneous

2.1To take enforcement action (including the issuing of fixed penalty notices /penalty charge notices)

2.2To require information to ascertain interests in land/premises or ownership of vehicles.

2.3To authorise entry onto land where authorised by statute for any purpose

2.4To authorise the service of any notices (and withdrawal), and the making of any orders required in the exercise of the Council’s functions

2.5 To respond to consultations on policy issue, draft proposals, draft legislation and other street environment related issues.

2.6To carry out any promotional activities to promote the functions of the Street Environment Directorate

2.7To charge, vary or waive a fee where there is a statutory power to do so.

2.8To carry out the functions of the supervising officer under the Environmental Services Contract

3Street Services

3.1Waste Management

To operate the Council’s waste management services including but not limited to:

a)The collection of household, commercial and clinical waste

b)Recycling, including kerbside collections, garden and kitchen waste and Christmas trees

3.2Envirocrime

To exercise the Council’s powers, whether as highway authority, litter authority, planning authority or otherwise in respect of Envirocrime including but not limited to

a)Unlawful Waste Disposal

To exercise the Council’s functions in relation to the unlawful disposal of Waste on Council owned land, Council highway land and, where appropriate, other land in respect of which the Council has powers to exercise such functions.

b)Flyposting and Graffiti

To exercise the Council’s functions in relation to fly tipping and graffiti on Council owned land whether on Council highway land or otherwise.

c) Nuisance Vehicles

To exercise the Council’s functions in relation to abandoned vehicles whether on Council owned land, Council highway land or otherwise. Also nuisance parking including repair and sale of motor vehicles on the highway

d)Dogs

To exercise the Council’s functions in respect of both dangerous and stray dogs

e)Street Trading

To exercise the Council’s functions relating to street trading including but not limited to

  • the grant, revocation, renewal or variation of licences (including conditions).
  • the seizure, disposal of and sale of any article, thing, receptacle or equipment used in relation to unlicensed street trading
  • the monitoring of street trading activities

f)Street Management and Enforcement

To exercise the Council’s functions as highway authority including but not limited to the granting of licences, consents and permits and enforcement of:

a)Obstruction of the highway and footway e.g. ‘A’ boards,

b)Damage to the highway and street furniture

c)Illegal advert/sign removal

d)Skips, scaffolding, hoardings and building operations/materials

e)Structures, deposits on the highway

f)Prevent soil etc. being washed onto the highway

g)Overhanging trees etc.

h)Vehicle crossings

i)Installation of refuse or storage bins

g)Abandoned shopping and luggage trolleys

To exercise the Council’s functions in relation to abandoned shopping and luggage trolleys.

4Highways Management

To exercise the Council’s functions as Highway Authority and Traffic Authority and specifically but not exclusively to exercise the functions outlined below

  1. Traffic Management Orders
  2. Stopping up and diversion Orders
  3. Highways agreements whether pursuant to the grant of planning permission or otherwise including their variation and enforcement.
  4. The creation and adoption of highways whether by agreement or otherwise.
  5. Functions in respect of New Roads and Streetworks.
  6. Functions in respect of sewers, drains and sewage disposal works
  7. Maintenance and improvement of highways including lighting
  8. Management and enforcement in respect of
  9. Damage to the highway and street furniture
  10. Obstruction of the highway
  11. Unauthorised signs and advertisements on the highway
  12. Skips, scaffolding, hoardings and building operations and materials
  13. Structures or deposits on the highway
  14. Overhanging trees
  15. Land and forecourts adjoining the highway
  16. Construction and excavations under or close to the highway
  17. Vehicle crossovers and rail crossings
  18. The provision of services, amenities, recreation and refreshment facilities
  19. Planting, retention and maintenance of trees, shrub grass verges, etc.
5Leisure and Parks

5.1To exercise the Council’s functions in respect of Parks and Countryside Matters including but not limited to

  1. The Definitive Map and Statement
  2. Allotments and smallholdings except insofar as such functions may not be exercised by officers
  3. The regulation of cemeteries including but not restricted to
  • grants of burial and other associated rights (including extinguishment)
  • applications for grave space and the erection of headstones and
  • the authorisation of commemorative planting and seats, plaques and inscriptions etc

5.2To exercise the Council’s functions relating to the promotion of health, fitness and well-being

5.3To exercise the Council’s functions in respect of Events

6Depots

To exercise the Council’s functions relating to the management of the Council’s depots including but limited to the provision of weighbridges.

February 2015