FEATURE
UNDER normal circumstances, a development which breaches or does not have planning consent, is not a criminal off ence.
However, planning authorities can enforce such breaches by serving an enforcement notice.
Where the person has received one and fails to comply, this can result in a prosecution. There is a right to appeal the notice, but failure to comply can give rise to proceedings.
Other kinds of enforcement which can be considered in relation to planning breaches are:
• Planning contravention notice - to obtain information about a breach
• Temporary Stop Notice - usually served before the enforcement, and lasting for 28 days - usually used to address an immediate harm, and is viewed as an emergency measure
• Breach of Condition Notice where planning condition breached
• Stop Notice - to cease an activity whie compliance with an Enforcement Notice
Change of tact revives contracting market
The UK waste management contracting market, which includes collection, treatment and disposal and materials recovery, was estimated to have decreased slightly in 2016 compared to the previous year.
The reduction has been partly due to the impact of Central Government cuts to local authority environmental services budgets, and the impact of falls in global commodity prices on recyclable materials.
Growth in contractors’ annual revenues has been driven by the development of relatively new income streams, including segregated recycling collections, organic waste collections and the development and operation of energy-from-waste (EFW) plants.
Investment in the expansion of EFW and recycling infrastructure capacity has contributed towards growth in aggregate industry revenues from these sub-sectors, and diversifi cation into new areas of product recycling e.g. WEEE (waste electronic & electrical equipment), ELV (end-of life vehicles) and mixed plastic packaging have also stimulated growth.
EFW, landfi ll and other non-hazardous waste treatment and Enforcement issues
Dominic McNabb is a solicitor in private practice with MJP solicitors, and has over 20 years’ experience defending individuals and companies, in criminal and regulatory matters. 0773 3264226 skiphireanswers@
peak-associates.com Dominic will be attending the WASTE’17 seminar at Old Traff ord on June 8 along with Philip. Book a consultation now: editor@
skiphiremagazine.co.uk
In the event of a breach, a prosecution can result in an appearance at the Magistrates or Crown Court.
There are time limits for the authority to take action - usually four years for operational development or change of use, and ten years for all other breaches of planning control, including unauthorised uses, and contravening planning conditions.
disposal services are estimated to account for up to 45% of industry revenues, with collection and recycling services each contributing around a quarter of the total.
However, a considerable proportion of MSW, CIW and C&D waste management services are delivered under bundled contracts covering most or all elements of waste management, these are only broad estimates.
There is still a need for the UK to improve commercial and industrial waste recycling although in recent years there have been improvements in recycling rates, mainly driven by voluntary initiatives, there being far fewer legislative drivers than for municipal waste.
Keith Taylor, Director of AMA Research, commented: “Over the short term, industry prospects will still be determined by EU legislation. However, now that Article 50 has been signed, there may well be a possible slowdown in household spending combined with rises in imported goods, driven by uncertainties surrounding 'Brexit’ and likely volatility in the economy."
The ‘Waste Management Market Report – UK 2017-2021 Analysis’ report is published by AMA Research, a leading provider of market research and consultancy services with over 25 years’ experience within the construction and home improvement markets. The report is available now and can be ordered online at
www.amaresearch.co.uk or by calling 01242 235724.
@SkipHireMag
SHM June, 2017
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