DRAFT LOCAL ENVIRONMENTAL QUALITY STRATEGY Aims This Strategy aims to achieve improvements in Local Environmental Quality across the Borough of Allerdale, through effective partnership working, regulation, education and enforcement. Objectives • • • • • • To design and deliver environmental services that are in line with local needs and aspirations To use all available powers and duties in an appropriate manner. To ensure that the principles of the national Enforcement Concordat are applied to regulation and enforcement of the strategy. To work effectively with other service providers and regulators to maximize effectiveness and efficiency. To provide clear guidance to the community on the Council management plans for the delivery of the strategy. To work with the community and obtain both their support and commitment in the implementation of this strategy. Outcomes Residents, visitors to the area and local businesses show high levels of satisfaction with the quality of the local environment Reductions in crime and antisocial behaviour that lead to or stem from the degradation of the local environment Introduction Local Environmental Quality (LEQ) has been a major theme for the Government over the past few years. The term LEQ identified by Government refers to the activities, which create or add to the quality of the area in which people live and hugely impacts on the quality of their lives in general. We recognise that links exist between the state of the local environment, anti-social behaviour, the fear of crime and health problems. A MORI poll undertaken in 2003/04 ‘The Rising Prominence Of Liveability Or Are We Condemned To A Life Of Grime?’placed clean streets third in a survey of what makes an area a ‘good place to live’ behind low levels of crime and health services. What people experience outside their front door impacts on their quality of life for example if our streets and parks are dirty and neglected, litter mounts up, and there are groups of teenagers hanging around with not enough to do, a person's satisfaction with their quality of life is going to fall. The DEFRA guidelines on ‘envirocrime’ recommends public consultation be carried, in order to progress LEQ strategies it is concluded that information from our customer surveys be used to demonstrate their concerns and support for rapidly moving forward on this strategy. Y:LEQ/ strategy 1 New powers under the Clean Neighbourhoods and Environment Act 2005 will help Local Authorities deal with the minority who continue to litter, graffiti and fly-tip. A comprehensive range of enforcement powers and duties include unauthorised distribution of literature on designated land, dog control, waste (including flytipping), noise from dwellings and licensed premises, litter, graffiti, fly-posting, etc. A balance however needs to be maintained between education, awareness raising, managing public expectation and enforcement. Department of Food and rural Affairs (Defra) recommends that authorities adopt a local Environmental Quality Enforcement Strategy in order to promote better enforcement in relation to the Clean Neighbourhoods and Environment Act 2005. The Council to meet this recommendation has set out its Local Environmental Quality Strategy to summarise how the authority as a whole will contribute to improving the appearance of the district of Allerdale. Scope This Strategy covers areas of education and enforcement work affecting LEQ including action on litter, graffiti, fly-posting, unauthorized distribution of literature on designated land, dog control, and waste (including fly-tipping). The principles and policies for taking effective enforcement action are set out in a series of linked Enforcement Policies, which cover both general principles and more detailed requirements where appropriate. Achieving the Objectives A balance between education, awareness raising, managing public perception and enforcements will be maintained across the various areas in the interest of good practices and high quality service delivery. All relevant officers will be given adequate and appropriate training in support of the strategy in both policy and procedures to achieve consistency in education and enforcement to hold up the legislative requirements. The Council will ensure that sufficient capacity is available to undertake education and enforcement action on any offence within the remit of this strategy subject to: Allocation of Resources The primary resources for this strategy lie within the Environmental Services Department within the Environment Group. The Environmental Warden Team leads on the issues relating to the Clean Neighbourhoods and Environmental Act 2005, particularly with dog control, litter, fly posting and fly tipping. There is a close liaison with the local PCSOs (police community support offices), Waste, Recycling, Street Cleaning, Ground Maintenance and the Parks and Opens Spaces teams. The Environmental Warden Team action plan addresses the capacity issues in relation to prosecution for offences and non-payment of Fixed Penalty Notices (FPNs) served on behalf of the Council by its own officers and other agencies in accordance with the Y:LEQ/ strategy 2 Enforcement Policy principles and contributes to the overall vision and aims of the council’s Corporate Improvement Plan. Allerdale’s Performance to date The principal objective measure of Local Environmental Quality is Best Value Performance Indicator (BVPI) 199, which measures the cleanliness of streets and open areas in terms of litter, detritus, grafitti and fly posting. Allerdale’s performance is amongst the best in the country (insert scores etc) and whilst the limitations of BVPI199 are recognised, it is essential that the Borough maintains that level of performance as a prerequisite to achieving the more detailed aims and objectives within the strategy. The most important indicator of LEQ is resident satisfaction, as measured by the Best Value User Satisfaction Survey. Currently 68% of residents are satisfied with the cleanliness of the streets (top performing Councils achieve over 74% satisfaction) and 72% are satisfied with parks and Open Spaces (again top performers exceed 78%). Prioritisation The prioritisation areas for the delivery of the strategy are established from a recent MORI survey of the citizens within the borough. The results for South Workington can be taken as a proxy for the views of residents in other disadvantaged areas within Allerdale. Issue Dog fouling Pavements blocked by parked cars Rubbish and litter left lying Noise pollution Vandalism, graffiti etc Neglected or derelict buildings or land Not a problem Minor problem Serious problem Allerdale South Allerdale South Allerdale South Workington Workington Workington 16% 11% 49% 41% 29% 41% 46% 32% 31% 37% 18% 22% 27% 12% 53% 48% 15% 33% 51% 43% 33% 38% 9% 9% 46% 21% 21% 46% 9% 21% 62% 45% 24% 27% 6% 11% The following are proposed priorities for action for education, encouragement and enforcement: Education An inclusive approach to education and awareness in the community means understanding the make-up, needs, interests and capacity of different groups in the Y:LEQ/ strategy 3 community. Identifying and understanding the needs of groups will enable education programmes to be designed that make it easier for people to engage with local campaigns and awareness programmes in tackling the problems and by making the education programme accessible and inclusive, the programme will enable the removal of barriers by reaching out to groups that have been less engaged in the past. The Environmental Wardens Management Action Plan will identify target groups through a variety of areas from businesses, schools, voluntary sector, neighbourhood forums, parish councils and community groups to name but a few, both in engagement and in initiatives where community involvement is active and deliver an education programme drawing from some basic principles, creating a foundation for good practices and fostering the change towards engaging people in constructive participation by giving them the opportunity to contribute ideas and suggestions. We will work with schools to help educate children about the environment and recycling, undertaking assemblies, action-on-litter days, action-on-waste days, workshops, competitions, award schemes and other initiatives for schools within the programme and encouraging children to think about how their actions can affect their environment. Good public exhibitions will raise the profile and will provide a strong visual element during campaigns. Staffed exhibitions are resource-intensive and therefore the exhibitions will be organised to coincide with events in a convenient locations in a bid to maximize opportunities for public involvement. The website can be accessed at any time that is convenient to users. A dedicated web page on the Council’s website will be developed and include awareness and education downloadable packs for events and campaigns. It will provide updated regular and consistency messages from the service. An easy and speedy interactive feedback process from members of the public will form the basis of follow ups from high profile campaigns helping to minimises cost and to measure the impact. Further development of the websites to encourage the website use will involve video clips to highlight the problems caused by litter, flytipping, graffiti, dog fouling and cigarette litter from the effects of smoking on the streets will be developed in line with the educational programme. Press notices are issued to publicise new legislation documents consultation in the local newspapers as standard. Various meetings are attended to allow consistency of the message, provide the public with opportunities to understand signify and debate the main issues, raise their questions and concerns and encourage community ownership. A monitoring and evaluation program will be undertaken to collate information in relation to the delivery and improvement of the programme through consultation and feedback with the public arena and service areas within the authority. Considerable staff time is needed to design and execute education programs by engaging the community in a response to the evaluation process will enable an ethos where influencing and enhancing the design guidelines for future campaigns aimed locally can aim to reduce ‘envirocrime’ in all areas. Y:LEQ/ strategy 4 Outcome: • Campaigns and Education Programmes will be aimed to develop and implement community involvement and public awareness-raising action intended to tackle and monitor the issue of litter, flytipping, graffiti, dog fouling and cigarette litter creating a sense of environmental responsibility. Encourage The Dogs trust teamed up with Allerdale Borough Council and are offering free pet micro chipping, to residents within the borough who are in receipt of Benefits, Working family Tax credits, Family Tax credits and Pensions, which normally costs £10. Dog mess is a frustrating problem and local people are really getting fed up with irresponsible dog owners. Allerdale Borough Council continue to provide free poop scoop bags to residents and visitors to the areas as well as anti fouling signs, additional bins and bag dispensers have been placed around the borough to encourage people to clean up after their dog. On a day to day basis, when patrolling parks or streets, the Environmental Wardens will stop and speak to members of the public with dogs, hand out "poop scoop", bags and information packs and discuss responsible dog ownership. The Environmental Wardens Action Plan will involve the investigation of ‘Dog Watch Zones’ as an area for consultation and consideration to encourage responsible dog owner ship involving members of the public. These involves targeting areas for ‘Dog Watch Zones’ and allowing the public to report repeated offences confidentially so that Environmental Wardens can spend more time tackling fouling in the areas that need it most. Organised sponsored litter picks currently conducted within the borough are supplied with free bags and litter picks. The waste is also collected from a designated point and disposed of by the authority. Co-ordination and involvement will be a development area within the Environmental Wardens Action Plan for 2007. Enforcement Dog Fouling: Under the provisions of the Dogs (fouling of Land) Act 1996, it was made an offence for dog owners to fail to clear up dog faeces on land to which the public have access, and a FPN issued for the offence. The Dog Control Orders under Clean Neighbourhoods and Environmental Act 2005 adopted by the authority continues to Y:LEQ/ strategy 5 recognise the offence of failure to clear up dog faeces and the new FPN with locally set penalty levels and discounts for early payments could be considered. Litter: Litter is a highly visible and a growing problem within the ‘envirocrime’ arena. A significant part of the street cleaning budget is spent on sweeping litter and litter picking. This is recognised as a potential growth area from 1st July 2007 in conjunction with the smoking ban in enclosed public places. It is proposed that the work already undertaken by our Partnership with FOCSA services will have a continued close liaison with the Environmental Warden Team and that the offence under Clean Neighbourhoods and Environmental Act 2005 adopted by the authority continues with FPN with locally set penalty levels and discount for early payments be considered. Fly tipping: Enforcement on fly-tipping already forms part of the work carried out by the Environmental Services team and although no local FPN is available the Government penalty of a maximum fine is £ 000000000. It is proposed that the work already undertaken by our Partnership with FOCSA services will have a continued close liaison with the Environmental Warden Team in relation to recording and monitoring of problem areas. Failure of Businesses to produce authority (Waste Transfer Notice): Environmental Protection Act 1990 section 34 legal ‘Duty of Care’, requires business to obtain and keep written transfer notices when they transfer waste to another party. Obtaining sufficient evidence to prosecute can be difficult and complex. The additional post within the Environmental Wardens Team has been created to address this issue, working closely with the Trade Waste Service it is expected that this area be given a priority by enforcing the ‘Duty of Care’ aspects thus reducing the amount of waste entering the domestic waste stream, reducing fly-tipping of commercial waste and decrease problems form litter and rubbish due to inadequate storage and management of waste. Householder Duty of Care Householders were exempt from the Environmental Protection Act 1990 section 34 legal duty of care until recently. New regulations now require householders to take reasonable measures for the waste generated from their property and transferred to an authorised person; this means that Householders are expected to check that trades undertaking work at their property are registered waste carriers. It is expected that the additional Environmental Warden, supported by the Team will undertake enforcing this ‘Duty of Care’ aspect, attention will also be focused on the back lane and waste communal areas within the towns to reduce fly-tipping and decrease problems from litter and rubbish, thus reducing the amount of fly tipping generated from home improvements, gardening and driveway constructions. Outcomes will include: Y:LEQ/ strategy 6 • • • The ability to take enforcement action on any detected offence, including issuing FPNs in accordance with the Enforcement Policy principles Take timely prosecutions where appropriate for offences and non-payment of FPNs Deliver an effective education programme to schools, businesses and the public through campaigns and high profile pro-active and reactive awareness and surveillance programmes. Geographical targeting The over-riding aim of the strategy is to improve LEQ throughout the Borough, however it is acknowledged that a degree of geographical targeting is required to address key issues for local stakeholders. The following areas are considered to be priorities within the strategy, either for enforcement or direct delivery of services: • • • • • Neighbourhood Management areas Town Centres Visitor destinations Parks and Open Spaces Gateways and Transport corridors Fixed Penalty levels – appendix xxxxxx Although there is a standard period for payment of FPNs of 14 days, the proposal for discounts for FPNs paid early suggests setting early payment discounts no more than 10 days from the date of issue to avoid confusion, should this be an option. LEQ Education and Enforcement Programme Policy Policy on Fly Tipping Prosecutions Date Policy on use of Fixed Penalty Notices (FPNs) New Powers in the Clean Neighbourhoods and Environment Act 2005 in Force Consultation on Envirocrimes and Enforcement Environmental Wardens Action Plan Drafted June 2007 Street Scene action plan drafted Drafted Y:LEQ/ strategy April 2006 Outcome Adoption to prosecute in cases of fly-tipping and to publicise prosecution outcomes in order to raise awareness Adopted criteria for the use of FPNs for environmental crime enforcement A range of measures including FPNs available to local authorities What enforcement measures thought would be appropriate in each case A cross-cutting Action Plan reflecting the multiple roles of the service Measures to improve service provision e.g. Street Cleansing 7 July 2007 Draft LEQ Enforcement Strategy and Policy Adopted Neighbourhood Management Consultation Review Y:LEQ/ strategy and Litter Picking, community engagement to be included. Setting up Monitoring processes to assess levels of Litter, dog fouling and flytipping. Regular regulation of education and enforcement action. Consolidation of enforcement measures with the principles of enforcement best practice contained in the national Enforcement Concordat (a Central Government Document signed up to by the Council) Incorporated aims and objectives for LEQ enforcement and a charging and prioritisation scheme for FPNs Development of baseline survey and ongoing programme of work to tackle LEQ in South Workington and Maryport. Work will involve partnership activity with RSLs and PCSOs. A system to gain real time indicators of resident satisfaction with LEQ will be piloted in South Workington. On going – annual review and re-alignment. Reviewed by officers elected members, public engagement initiatives and partnership groups. 8