| Powers The challenge
Who is responsible?
Engaging and empowering residents
Making best use of resources
Making attractive places
Promoting accessibility
Providing for parking
Managing the street scene
Keeping it clean
Managing waste
Removing abandoned vehicles
Safer neighbourhoods
Dealing with dogs
Making streets safer
Powers
Legislation- Clean Neighbourhoods and Environment Act 2005
Advice and guidance
Legislation- London Local Authorities Act 1990 & 2004: Provides additional powers for London local authorities.
Advice and guidance
Engaging and empowering residents Legislation
Advice and guidance
Making best use of resources Legislation- s106 agreements: Provide a means for local authorities to ensure that developers contribute towards facilities and infrastructure
- associated with new development.
- Road Traffic Act 1991: Enables decriminalised parking enforcement in certain areas. Local authorities can establish Permitted Parking Areas or Special Parking Areas and charge fees for their use.
- Traffic Management Act 2004: Enables local authorities also to spend surplus revenue from the above on local environmental schemes.
- Fixed Penalty Notices: Local authorities can retain revenue from these to fund enforcement and action. Provisions for doing this can be found under:- Local Government Act 2003- Anti-social Behaviour Act 2003- Clean Neighbourhoods and Environment Act 2005
Advice and guidance
Legislation- Town and Country Planning Act 1990 (s198): Gives local planning authorities powers to make tree preservation orders where necessary.
- Town and Country Planning Act 1990 (s215): Provides local planning authorities the power to require proper maintenance of land.
- Town and Country Planning Act 1990 (s219): Gives local planning authorities powers to undertake clean up work themselves and recover costs from the landowner.
- Anti-social Behaviour Act 2003 (part 8) and High Hedges (Appeals) England Regulations (2005): Gives local authorities the power to deal with complaints about high hedges. If all else fails, local authorities can step in to decide if the height of the hedge is unreasonable and spell out exactly what action must be taken.
- Town and Country Development Order (GPDO): Permitted development rights to allow certain types of development to proceed with out the need for planning applications, since planning permission for them is deemed to be granted.
- Landlord & Tenant Act 1985 (s11): Duty on landlord to maintain structure and exterior of property.
Advice and guidance
Legislation- Traffic Management Act 2004: Provides a range of powers intended to minimise disruption caused by utility companies.
- Traffic Management Act 2004: Network management duty under Part 2 requires all local traffic authorities to do all that is reasonably practicable to manage the road network.
- Transport Management Act 2004: Gives local authorities more powers to co-ordinate, control and direct works effectively with the aim of minimising disruption.
- Transport Act 2000: Makes provisions for Home Zones in England and Wales giving local traffic authorities powers to designate roads in their area. They will also be able to make orders about the use of roads and about speed reduction measures, subject to regulations.
- The Children's Act 2004 (s10): Duty on local authorities to co-operate with statutory & voluntary agencies to promote well being of children
- The Children's Act 2004 (s11): Includes a duty on local authorities and statutory agencies to safeguard and promote the welfare of children.
Advice and guidance
Legislation- Road Traffic Act 1991: Decriminalisation of most non-endorsable on-street parking offences.
- Traffic Management Act 2004: Enables local authorities to spend any surplus from penalty charges on local environmental schemes.
- Road Traffic Regulation Act 1984
- Road Traffic Act 1988
- Road Traffic Act 1991
- Traffic Management Act 2004
Advice and guidance
Managing the street scene Legislation
Advice and guidance
Legislation- Clean Neighbourhoods and Environment Act 2005: Gives new powers to local authorities to deal with fly-tippers and litter droppers, including the greater use of fixed-penalty notices.
- Environmental Protection Act (part 4): Covers litter. This sets out the duty for local authorities and other bodies such as statutory undertakers to keep their 'relevant' land clear of litter and refuse. Also provides an offence of dropping litter, fixed penalties, powers for local authorities to require the clean up of certain areas of degraded land and powers for members of the public to take action.
- Anti-social Behaviour Act 2003 (s43-47): Enables local authorities to issue fixed penalty notices for graffiti and fly posting.
- Anti-social Behaviour Act 2003 (s48-52): Introduced powers for local authorities to require the removal of graffiti for certain surfaces - currently available in only 12 pilot areas, with the view to roll this out nationally.
- Anti-social Behaviour Act 2003 (s55): Gives local authorities the powers to stop, search and seize vehicles suspected of being used to fly tip waste.
- Local Government Act 2003 (s119): Allow local authorities to retain any sums they receive from fixed penalties for leaving litter and dog crime.
- Police Reform Act 2002 (s41): Contains power for Chief Officers of police to grant accreditation to staff working on behalf of local authorities to allow them to issue fixed penalty notices.
Advice and guidance
Legislation- Environmental Protection Act 1990: The local authority has a legal responsibility to collect household waste. Under the same regulations the public has a legal duty to place their domestic waste in any receptacle specified by the local authority.
- Environmental Protection Act 1990 (s45): States that waste authorities (i.e. local authorities) must arrange for the collection of household waste in there area at no extra charge.
- Environmental Protection Act 1990 (s46): States that waste collection authorities shall specify collection arrangements for household waste and types of receptacle to be used.
- Environmental Protection Act 1990 (s46): States that members of the public must put their waste ready for collection in any receptacle and location specified by the local authority.
- Clean Neighbourhoods and Environment Act 2005: Gives powers to local authorities, from the summer of 2006, to issue fixed penalty notices to householders for breaches of an s46 notice.
Advice and guidance
Removing abandoned vehicles Legislation- Clean Neighbourhoods and Environment Act 2005: Enables all abandoned vehicles to be removed from the street as soon as they are identified. Measures on nuisance parking will commence on 7th June 2005.
Advice and guidance
Legislation- Anti-social Behaviour Act 2003 (section 12): All social landlords must now have published statements and summaries of their policies and procedures in relation to anti-social behaviour.
- Serious Organised Crime and Police Act 2005: Includes provision to enable local authorities to contract out all or some of their ASBO functions to bodies or types of bodies defined by Order of the Secretary of State.
- Anti-social Behaviour Act 2003 (part 2): Focus on providing social landlords with the means to deal with nuisance tenants, their associates and others who prevent the majority of responsible tenants and the wider community from getting on with their lives.
- Crime and Disorder Act 1998: Introduced Anti-social Behaviour Orders (ASBOs).
- Housing Act 2004: Powers from this Act will be available shortly, including extended introductory tenancies, suspension of the right to buy and mutual exchange on the grounds of anti-social behaviour.
- Housing Act 1996 (s153): Powers to serve housing injunctions.
- Anti-social Behaviour Act 2003: Introduced closure notices and orders to enable quick action to be taken to tackle crack houses.
- Street Offences Act 1959 (s1): Makes loitering or soliciting an offence (extended to include men by the Sex Offenders Act 2003, s56)
- Sexual Offences Act 1985 (s1): Makes kerb crawling an offence.
- Criminal Justice and Police Act 2001 (s71): Makes kerb crawling an arrestable offence.
- Criminal Justice and Police Act 2001 (s46): Makes advertising the services of a prostitute with cards in, or in the vicinity of public telephone boxes, an arrestable offence.
- Powers of Criminal Courts (Sentencing) Act 2000 (s146): Gives courts the power to remove driving licenses.
Advice and guidance
Legislation- Clean Neighbourhoods and Environment Act 2005 (s6): Provides a new way of controlling dogs, allowing local authorities and parish councils to introduce controls on dogs in certain areas without confirmation by the secretary of state.
- Clean Neighbourhoods and Environment Act 2005: Makes it an offence for anyone to withhold or falsify their details when they are given a fixed penalty notice.
- Local Government Act 1972 (s236): Sets out the process of making byelaws.
- The enabling powers for local authorities to make byelaws, depending on the type of land affected are:
- Public Health Act 1875 (s164)
- Open Spaces Act 1906 (s12 and s15)
- Commons Act 1899 (s1)
- National Parks & Access to the Countryside Act 1949 (s21and s90)
- Countryside Act 1968 (s41)
- Local Government Act 1972 (s214 and Schedule 26)
- Housing Act 1985 (s23(2))
- Public Health Acts Amendment Act 1907 (s82-83)
- Local Government Act 1972 (s235)
- Road Traffic Act 1988
- The enabling powers for Parish Councils to make byelaws
- depending on the type of land affected are:
- Open Spaces Act 1906 (s12 and s15)
- Public Health Act 1875 (s164)
Advice and guidance
Legislation- Traffic Management Act 2004: Enables local authorities to spend any surplus from penalty charges on local environmental schemes.
Advice and guidance
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