The London Borough Of Hillingdon as the Principal Litter Authority has a statutory duty under section 89 of the Environmental Protection Act (1990) to ensure that the Borough’s public highways and roads, so far as is practicable, are kept clean. “Practicable” here means what is physically possible whether or not it is affordable.
If you are “aggrieved by the want of cleanliness of a highway” you can give an Authority 5 days notice that you will make a complaint to a Magistrates Court for an order requiring them to clean it under S91 of the EPA.
If the court is satisfied that the complaint is justified then they can require the Council to clean the highway in a specified time. If they do not comply the Court can fine them.
The following two Section 91 notices have been sent to LB Hillingdon:
24th September 2007 / A40(M) :
Mr Hugh Dunnachie
Acting Chief Executive
London Borough Of Hillingdon
Civic Centre
Uxbridge
Middlesex
UB8 1UW
TAKE NOTICE that I Peter Silverman of 20 Kingsend Ruilsip, Middlesex, HA4 7DA, claim that the highway described in the schedule hereto is relevant highway under the Environmental Protection Act 1990.
AND TAKE NOTICE that the London Borough Of Hillingdon as the principal litter authority have failed to keep the highway described clean.
AND TAKE NOTICE that as I am aggrieved by the want of cleanliness of this highway I am giving you five days notice as required by s 91 para 5 of the Act that I intend to make a complaint to the Magistrates Court under s 91 of the Act for an order to require you to clean the highway.
24th September 2007
Peter R Silverman
Schedule
The north side of the section of the A40 from the border with Buckinghamshire in the west (point A on the attached aerial photograph) to a point level with the beginning of the central reservation of the slip road leading up to Swakeleys Roundabout (point B) in the east. A map is attached.
21st July 2009 / A4 Colnbrook Bypass
From: Dallon, Sherrie
Sent: 21 July 2009 13:47
To: 'RAlagh@Hillingdon.Gov.UK'
Cc: 'hdunnachie@hillingdon.gov.uk'
Subject: EPA S 91 Warning notice
Dear Mr Alagh, Please refer to the attached EPA S 91 Warning notice and accompanying maps
21st July 2009
Dear Mr Alagh,
TAKE NOTICE that I Sherrie Dallon, claim thst the highway descvribed in the sachedule hereto is relevant highway under the Environmental Protection Act 1990.
AND TAKE NOTICE that the London Borough Of Hillingdon as the principal litter authority have failed to keep the highway described clean.
AND TAKE NOTICE that as I am aggrieved by the want of cleanliness of this highway I am giving you five days notice as required by s 91 para 5 of the Act that I intend to make a complaint to the Magistrates Court under s 91 of the Act for an order to require you to clean the highway.
Yours sincerly
Sherrie Dallon
cc Hugh Dunnachie (Chief Executive)
Schedule
The A4 Colnbrook Bypass section leading from Slough border, by M25 bridge,and right up to the junction for Stanwell Moor Road and Speedbird Way. Both sides of the motorway are littered, along with the central reservation at the lights, and into Speedbird Way (sections highlighted yellow on the attached maps)
Notices sent to other authorities
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