Agenda and minutes

- to refer to Cabinet for recommendation to Council the delegation of powers in respect of the Clean Neighbourhoods and Environment Act 2005

The Head of Neighbourhood Services submitted a report regarding the impact of the introduction of the remaining provisions of the Clean Neighbourhoods and Environment Act 2005 as from 6^th April, 2006.

The 2005 Act was in 10 wide ranging parts.  The report included the impact of Parts 1 (Crime and Disorder), 2 (Nuisance Parking), 3 (Litter and Refuse), 4 (Graffiti), 5 (Waste), 6 (Dogs), 7 (Noise) and 9 (Miscellaneous).  The act amended and modernised some existing legislation and brought in several new offences.  There was an emphasis on the use of fixed penalties.

The powers in the Act formed part of the Council’s recently adopted Enviro-Crime Strategy.  There were a number of working parties and groups to deliver the Strategy with the powers delegated down to those officers who required the powers and had receive suitable training.

Resolved:-  (1)  That the new powers in the Clean Neighbourhoods and Environment Act 2005 be received.

(2)  That the Cabinet be asked to recommend to Council the delegation of the following powers in respect of the Clean Neighbourhoods and Environment Act 2005 and the Environmental Protection Act as follows:-

Powers delegated to Head of Neighbourhood Services

Litter

EPA90 S92A(1)        

Power to serve a “litter clearing notice” on the occupier/owner of any land open to the air subject to certain exceptions e.g. a highway requiring them to clear the land of litter

EPA90 S92C(2)        

Power for the Local Authority to prosecute for failure to comply with “litter clearing notice”

EPA90 S92C(3)        

Power for the Local Authority to take action themselves to clear the land and recover reasonable costs if “litter clearing notice” not complied with

EPA90 S94(2)           

Power to give an opportunity to discharge liability for an offence under S92C(2) or S94(8) by paying a fixed penalty

EPA90 S94(4)           

Power to set the level of fixed penalty for offences under S92C(2)

EPA90 S94B Schedule 3A Paras 1(1) and 1(2)     

Offence of distributing or causing another person to distribute free literature

EPA90 S94B Schedule 3A Para 7(2)          

Power to give an opportunity to discharge liability for an offence under Schedule 3A Para 1 by paying a fixed penalty

EPA90 S94B Schedule 3A Para 7(7)

Power to require name and address by officer who believes an offence of distributing free literature has been committed

EPA90 S94B Schedule 3A Para 7(8)(a) and (b)

Power to prosecute for failure to provide name and address or providing false details

EPA90 S93(1)           

Power to issue “street litter control notices”

EPA90 S94(8)

Power to prosecute for failure to comply with a “street litter control notice”

Graffiti

Anti-Social Behaviour Act 2003 S43A

Power to specify amount of fixed penalty for an offence of graffiti

Anti-Social Behaviour Act 2003 S43B(1)

Power to require name and address by officer who believes an offence of graffiti has been committed

Anti-Social Behaviour Act 2003 S43B(2)

Power to prosecute for failure to provide name and address or providing false details  ...  view the full minutes text for item 1.

Nick Ward, Forward Planner, reported on negotiations that had taken place in an attempt to achieve the 15% (7.5% if in HMR Pathfinder area) provision of affordable housing in accordance with Council Policy.

Regular meetings took place between representatives of Economic and Development Services and Neighbourhood Services to discuss current and future planning applications and ensure that the appropriate levels of affordable housing were secured.  The Housing Market Assessment, currently being commissioned, would identify needs and further assist in ensuring adequate provision.

Discussion ensued highlighting:-

-              Importance of shared equity and rental

-              Housing Needs Assessment – due for completion January, 2007

-              Integrated community/mixed tenure

-              Information from Key Choices to ascertain the housing needs

Resolved:-  (1)  That a further meeting be held in 3 months time.

(2)  That the Housing Solutions Officer submit a report to the next meeting on:-

Corporate Asset Management Plan i.e. land within the ownership of the Council

Sub-regional view of affordable housing

LDF developments

Links with Special Needs housing