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As you know we like to keep our wig on his toes, so keep sending your legal enquiries to csg-enquiries@encams.org
Question 1
At the recent academy, the wig mentioned the problem of abandoned vehicles and emphasised the point that a vehicle is abandoned when a local government officer says that it is. There was also a brief discussion about enforcement that some authorities took in respect of selling vehicles on the highway by treating them as abandoned. Am I right in thinking that a vehicle parked for several days in one spot (proven by chalk marking the tyres) and where the registered keeper does not live locally could be construed as abandoned? We have a particular spot on the A27, a national trunk road, where vehicles are offered for sale in a lay-by. Some of these vehicles are there for some time, and I interpret that this could be abandonment. The lay-by is close to a leisure centre and very exposed, which could lead to arson or vandalism. Are the Council within their rights to tow and store the vehicle (even if taxed) by giving a 24 hour notice, while we try to trace the owner? Do statutory fees apply and can we recover them lawfully in these cases? Presumably the police could deal with them as obstruction by preventing others from parking lawfully? As it is a trunk road, the Highways Agency have been very quiet on the idea of a parking restriction, although this would solve the problem almost overnight
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Question 2
Please can you advise on what information concerning EPA and Clean Neighbourhoods Act (and any other environmental enforcement out there!) should be kept on a public register?
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Question 3
Can you please inform me if "planning information notices" can be erected on lamp columns/telegraph poles because our planning officer insists that these are not classed as flyposting.I agree in principal but what happens when the date elapses on the notices are they classed as flyposting then?
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Question 4
One of my inspectors visited a small garage workshop last week and the owner explained that he had installed an oil burner. The burner meets the requirements of clean air etc. and disposes of his oil and at the same time heats his workshop.
His question is, if he accepts or purchases oil from other small traders in the motor trade and burns this in his oil burner, what if any paper trail and does he have to show and does he require a licence in order to accept or puchase such oil.
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Question 5
Under Sec. 140 Highways Act I can tell a Skip company to remove skip from Highway.
If the company turns up and sees a skip grossly overladen then who is responsible for the removal of the excess? (levelling off of skip)
Where can the excess be put? (civil tort of trespass !)
If there is no form of notice that can be served on the occupier of the house to remove the excess, then the lawful requirement of the local authority to order removal of skip off the highway is dependant on any legal proceedings a skip company may wish to take against an occupier.
If you could enquire via your web account as to any legal guidance I would be obliged.
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Question 6
I have been trying to follow up on the advice provided by the Wig, however I have been unable to find any examples of "the principle of non or under-enforcement of planning contravention which has been well established and approved for many years". Please could the Wig provide more details or could you perhaps ask other members on our behalf? A policy example would be superb.
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Question 7
I would like some clarification regarding exemptions to Waste Carriers licences in regards to 'small' builders. The waste carrier exemptions state you are exempt if "you are carrying waste that you have produced UNLESS it is building or demolition waste."
Obviously, small builders who are carrying waste from a single domestic job are carrying building waste. Is there, however, any guidance relating to the scale of waste being carried or should all small builders carrying any builders waste be registered as a waste carrier?
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Question 8
I have come across a scenario on which I would appreciate the benefit of your point of view. It is not necessarily the case that I intend to take further action on this matter – there are bigger fish to fry – but I will no doubt learn something from your response.
I have approached a business which undertakes the repair and construction of food trailers and the operation of several food trailers of its own (the normal burger and chips type thing) in regard to commercial waste and duty of care.
On the operation of the food trailer side of the business, the owner advises me that he only pitches his food trailers at large festivals and show grounds and at such places there are facilities provided for disposal of trade waste. Apparently traders are directed to either leave their waste on their pitch when they leave, or, to take it to a designated area where it is then removed by a waste contractor appointed by the event organiser. In leaving his waste in this manner the trader receives no documentation for the transfer of waste.
I would be interested in your views on the following, and any other commentary you consider relevant.
- Who is the producer of the waste i.e. is it the trader as the waste has been created on his pitch as part of his business or, is it the event organiser as it is his event and the traders are his invitees/contractors and the cumulative waste generated at the event (by trade, litter and whatever other means) is effectively produced by the event.
- Who should WTNs exist between. i.e. Is the event organiser acting as a broker in that he is arranging for the collection and disposal of waste on behalf of others – in which case should he be registered as such with the EA and should he be issuing WTNs to traders on the site. Or, should the traders have a WTN between themselves and the waste contractor appointed by the event organiser.
As always your advice is much appreciated.
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Question 9
Due to the change from rear loading buses to front loading buses we need to change the location of a bus shelter. During the consultation one shopkeeper objected by his objection was turned down. This shop keeper has about 3foot of private forecourt in front of his shop so he installed a metal cabinet there, allegedly to store goods that are delivered when the shop is closed for safety.
To my knowledge this forecourt has been open to, and used by, the public for several years.
My question is, is when the container is fixed public highway within the Highways Act 1980 albeit privately owned and maintained. If so we can take action through several sections of the Highways Act 1980 to get it removed.
This container doesn't pose any danger to pedestrians or other road users.
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