code of practice on litter and refuse - gov.uk...5 1.0 codes of practice on litter and refuse 1.1...

Code of Practice on Litter and Refuse

April 2006

Modified in September 2019

Department for Environment, Food and Rural AffairsNobel House17 Smith SquareLondon SW1P 3JRTelephone 020 7238 6000Website: www.defra.gov.uk

© Crown copyright 2006

Copyright in the typographical arrangement and design rests with the Crown.

This publication (excluding the logo) may be reproduced free of charge in any format or medium provided that it is reproduced accurately and not used in a misleading context. The material must be acknowledged as Crown copyright with the title and source of the publication specified.

Further copies of this publication are available from:

Defra PublicationsAdmail 6000LondonSW1A 2XX

Tel: 08459 556000

This document is also available on the Defra website.

Published by the Department for Environment, Foodand Rural Affairs. Printed in the UK, April 2006, onmaterial containing 80% post-consumer waste and20% Elemental Chlorine Free pulp.

Product code PB11577b

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Introduction 5

Part 1: Code of practice on litter and refuse 9

Part 2: Advisory standards for graffiti and fly-posting 37

Part 3: Legislation to support the code of practice 41

Annex A: Comparisons between code of practice on litter and refuse land use categories and BV199 land use definitions 52


Contents

Part 1A - Effective enforcement has been added separately (September 2019) - see www.gov.uk/government/publications/code-of-practice-on-litter-and-refuse

https://www.gov.uk/government/publications/code-of-practice-on-litter-and-refuse

https://www.gov.uk/government/publications/code-of-practice-on-litter-and-refuse

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1.0 Codes of Practice on Litter and Refuse1.1 The Environmental Protection Act1990 imposes duties under section 89(1)and (2) on certain landowners andoccupiers (referred to throughout as ‘dutybodies’ and described in detail at section3.2) to keep specified land clear of litterand refuse, and on local authorities andthe Secretary of State to keep clean publichighways for which they are responsible.This document provides a practical guideto the discharge of these duties.

1.2 This is the third Code of Practice onLitter and Refuse. The first was publishedin January 1991 by the Secretary of Stateunder section 89(7) of the EnvironmentalProtection Act 1990. It was substitutedby a Code dated 1st June 1999 publishedby the Department for Environment,Transport and the Regions. These versionswere both applicable to England, Scotlandand Wales. This third revision replaces the previous Code. It is the result of anextensive research programme and reviewoverseen by a Stakeholder AdvisoryGroup. It applies to England only.

1.3 Part 1 contains a Code of Practice(referred to throughout as ‘the Code’)issued under section 89(7) of theEnvironmental Protection Act 1990.Where land is defaced by litter and refuseand action alleging dereliction of thesection 89 duty is taken in court undersection 91 or 92 of the Act, this Code isadmissible in evidence in the proceedings.

1.4 It seeks to encourage duty bodiesto maintain their land within acceptablecleanliness standards. The emphasis is on the consistent and appropriatemanagement of an area to keep it clean,not on how often it is cleaned.

1.5 Previous Codes have referred to theissue of practicability. This Code seeks to outline in more detail what might be considered by a court of law to bepracticable on different types of land.However, it will be for the court to agreewhat is appropriate in a particular instance.

1.6 Part 2 contains advisory standards forgraffiti and fly-posting. Such defacement,even if partially removed, has an adverseaffect on the quality of the environmentand can lead to an increase in crime. Evenif all of the litter and refuse were cleared,


Introduction

1.5A Part 1A (as inserted by modification in 2019) contains guidance on the proportionate and effective use of enforcement action against littering and related offences. Appropriate, effective and proportionate use of enforcement powers will help all duty bodies to comply with their duties to keep relevant land clear of litter and refuse, and to keep relevant highways clean. A balanced approach to enforcement should strike the balance between national consistency, local circumstances, and fairness and effectiveness.

the public would perceive the area to bedefaced if graffiti and/or fly-posting werestill present. In recognition of this CentralGovernment extended the cleanlinessindicator (BV199), reported annually bylocal authorities, to include these elementsfrom April 2005. Whilst these standardsdo not form part of their statutory duties,it is recommended that all duty bodies, inmanaging the litter and refuse on theirland, seek also to manage these issues.

1.7 Part 3 contains details of thelegislative framework that surroundsthis Code of Practice.

1.8 Good practice to assist land managersin the discharge of this duty is availablethrough www.cleanersafergreener.gov.uk.

1.9 It is envisaged that this documentcan and should also act as a guide toother managers of land that are notsubject to the section 89 duty, such asregistered social landlords and arms-lengthmanagement organisations, in themanagement of the land for which they are responsible.

2.0 Why you should be interested in this code2.1 The quality of the localenvironment is important to people.Local environmental quality has severaldimensions. These include:

• how places look and are perceived;

• how safe and happy people feel aboutliving in an area; and

• how attractive areas are to workers,visitors and existing and newbusiness investors.

Achieving and sustaining a high localenvironmental quality is important for allland managers, whether you are a business,a transport operator, a local authority, alandlord or an individual householder.

2.2 High local environmental quality helps to:

• secure quality, long term commercial investors;

• attract and retain workers with scarce skills;

• meet landowners’ and tenants’ legalobligations and liabilities;

• attract good, long-term tenants,minimising voids and repairs costs;

• deter anti-social behaviour and somecriminal activities;

• secure the approval of electors, forwhom local environmental quality is afundamental test of an administration’sefficiency and effectiveness; and

• create environments that are moreeasily maintained and less subject to vandalism.

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2.3 Your land can contribute to, andis affected by, litter on others’ land.This country is made up of a patchworkof abutting areas of land owned,tenanted and managed by a myriad ofpublic and private agencies andindividuals. Unmanaged litter and refusefrom your land moves, blows or flowsonto the land of others, and theirs ontoyours. Government, through this code, is encouraging good land managementthrough the awareness of circumstancesthat will lead to increased litter andrefuse at particular times.

2.4 Powers are available to requireothers to clear their land of litter. TheClean Neighbourhoods and EnvironmentAct 2005 has extended a range ofenforcement powers for local authoritiesto compel businesses, private land owners,occupiers and managers to recognise theirrole in contributing to the quality andappearance of the local environment.

2.5 Government encourages thepublic to take more responsibility.Under the Clean Neighbourhoods andEnvironment Act 2005, enforcementpowers have been extended and widenedto help tackle problems such as theleaving of litter, dog fouling and a rangeof environmental crimes such as fly-tippingand graffiti.

Local authorities have new powers toserve a Litter Clearing Notice on any land,requiring the occupier, or failing that, theowner, to clear litter from that land. Ifthe notice is not complied with they canenter the land, clean up and then reclaimtheir costs (Part 3 contains further detailson legislation). Duty bodies may find ithelpful to encourage voluntary groups toassist in cleaning areas.

2.6 The Environmental Protection Act1990 gives a person the right (undersection 91) to take legal action to requirea duty body to remove litter on its landwhere this falls below the acceptablestandard set out in the Code for longerthan the period specified. If theMagistrates’ Court is satisfied that theduty body is in dereliction of its dutyunder section 89, it may make a LitterAbatement Order, requiring the dutybody to clean up.

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Issued under section 89(7) of theEnvironmental Protection Act 1990.

3.0 What are the duties?3.1 Section 89(1) of the EnvironmentalProtection Act 1990 places a duty oncertain bodies to ensure that their land(or land for which they are responsible)is, so far as is practicable, kept clear oflitter and refuse (defined in 5.0 below).

3.2 Section 89(2) places a further dutyon the Secretary of State in respect ofmotorways and a few other similar publichighways, and on local authorities inrespect of all other publicly maintainablehighways in their area, to ensure thatthe highway or road is, so far as ispracticable, kept clean. This is inaddition to the section 89(1) requirementand therefore means removal of detritusas well as litter and refuse (all defined in5.0). The removal of detritus is deemedto be practicable from metalled surfacesonly. It is recommended, but not a duty,that detritus (see 5.0) is also removedfrom other hard surfaces.

4.0 Who do these duties affect?4.1 These duty bodies are:

• Principal litter authorities;

• Appropriate Crown authorities;

• Designated statutory undertakers;

• Governing Bodies of designatededucational institutions;

• Local Authorities as respects anyrelevant highway for which they are responsible; and

• The Secretary of State as respectsany trunk road that is a special roadand any other relevant highway orroad for which he is responsible;

definitions of which are provided in section86 of the Environmental Protection Act1990. Defra has published guidance onPart 4 of the Environmental Protection Act1990 and these definitions are covered indetail in that document (can be viewed at:www.defra.gov.uk/environment/localenv/index.htm)

4.2 These duties relate to the dutybody’s relevant land and relevanthighways/special roads, definitions ofwhich are provided in section 86 of theEnvironmental Protection Act 1990.


Part 1: Code of practice on litter and refuse

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Figure 1 – Example of the designation of litter clearance responsibilities by land type under the Environmental Protection Act 1990© Crown copyright. All rights reserved Defra 100018880 2005.

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Again, further information on thesedescriptions is available in Defra’sguidance on Part 4 of the EnvironmentalProtection Act 1990 (can be viewed at:www.defra.gov.uk /environment/localenv/index.htm)

4.3 These duties are not transferable. If a duty body contracts a private companyor another agency, for example a cleansingcontractor or a parish council, to carryout cleansing on its behalf, the duty body remains responsible if the land is not maintained to acceptable standards.Similarly, within Business ImprovementDistricts, the duty body for that land isstill responsible for ensuring that thestatutory requirements are met.

4.4 Previously, the duties also related to relevant land within a Litter ControlArea, as defined under section 90 of the Environmental Protection Act 1990.The Clean Neighbourhoods andEnvironment Act 2005 repealed thissection and instead a Litter ClearingNotice may be served under section 92(A)of the 1990 Act on any land, requiringthe occupier or, if unoccupied, the owner,to clear that land of litter and take stepsto prevent its reoccurrence of littering.For further details see Part 3.

4.5 Figure 1 provides an example of theland areas for which different duty bodiesare responsible.

5.0 What comprises litter and refuse?5.1 The 1990 Act does not provide acomprehensive definition of litter or refuse,although the courts have considered thedefinition to be wide; (certain matterswhich are included are described in section98(5A) – see 5.3 below). The followingsummarises common definitions used in cleansing contracts and is providedpurely as a guide:

5.2 Litter is most commonly assumed toinclude materials, often associated withsmoking, eating and drinking, that areimproperly discarded and left by membersof the public; or are spilt during businessoperations as well as waste managementoperations. As a guideline (see section 5.7 overleaf) a single plastic sack ofrubbish should usually be considered fly-tipping rather than litter.

5.3 Under section 98(5A) of theEnvironmental Protection Act 1990,certain discarded smoking-relatedmaterials (cigarette ends, etc.), anddiscarded chewing gum and the remainsof other products designed for chewing,are specifically stated to be items of litter.However, whilst both are litter when theyare dropped (i.e. the dropper could beprosecuted under section 87 of theEnvironmental Protection Act 1990 for leaving litter), the standards in the


Code of Practice on Litter and Refuse do not apply to trodden-in chewing gum.Duty bodies are not required to employspecial cleansing methods to removecompacted gum or gum staining overand above normal cleansing regimes.

5.4 Refuse. Refuse should be regardedas having its ordinary meaning of wasteor rubbish, including household andcommercial waste, and can includefly-tipped waste. Dog faeces are to betreated as if they were refuse when oncertain descriptions of public land

1. (Dog

fouling is a separate offence from littering.)

5.5 Detritus, which comprises small,broken down particles of synthetic andnatural materials, arrive at the sitethrough the same displacement effectsassociated with mechanical, human,animal and natural actions, most of whichalso determine the distribution of litter.Detritus includes dust, mud, soil, grit,gravel, stones, rotted leaf and vegetableresidues, and fragments of twigs, glass,plastic and other finely divided materials.Leaf and blossom falls are to be regardedas detritus once they have substantiallylost their structure and have becomemushy or fragmented. A significant andavoidable source of detritus is uncollectedgrass cuttings and weed growth fromseeds germinating in moist detritus.

5.6 Large accumulations of detritus, builtup over months and years, can contributeto the uncared for impression an areaexudes. Detritus on metalled highwaysmust be removed as a requirement of thes.89 duty to keep highways clean and itis also recommended that detritus shouldbe removed alongside litter and refuse byduty bodies from all other hard surfacesas well (see 3.0).

5.7 Fly-tipping. The illegal disposal ofcontrolled waste is commonly known as fly-tipping. There is no specific definitionof fly-tipping other than in the offencesset out in section 33 of the EnvironmentalProtection Act 1990, including thedeposit or disposal of controlled wastewithout a waste management licence, or its disposal in a manner likely to causepollution of the environment or harm to human health.

5.8 Defra has set up the Flycapturedatabase to gather information on thescale of fly-tipping dealt with by localauthorities and the Environment Agency.Flycapture has developed a workingdefinition of fly-tipping that sets out a wide definition ranging from a singlebin-bag up to thousands of tonnes of construction and demolition waste. As well as large incidents of fly-tippingFlycapture also records any items illegally

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1 The Litter (Animal Droppings) Order 1991 (S.I. 1991/961) made under s.86 (14) Environmental Protection Act 1990.

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dumped outside the standard wastecollection times set by the local authority.

5.9 Local authorities deal primarily withsmall, localised incidents of fly-tippingwhile the Environment Agency focusesits efforts on dealing with larger, moreserious incidents. The EnvironmentAgency and the Local GovernmentAssociation have agreed a voluntaryfly-tipping protocol to clarify this divisionof responsibilities.

6.0 The principle underpinningthis code6.1 The quality of the local environment,that is, the appearance of an area, andthe way that people perceive it, comesdown to good, effective management. In order to know what resources shouldbe deployed and when, accurate andsystematic monitoring is needed. This willenable duty bodies to identify when andwhere the greatest litter problems arelikely to occur, and to put into placeprocedures to ensure that these do notbuild up and that acceptable standardsare maintained. It is good practice tomake this information available to thepublic, for example, through publishingcleansing regimes.

6.2 Government does not expect thatimplementation of this Code will demandadditional expenditure on the part of

a duty body, but believes that betterstandards can be achieved within the existing levels of expenditure by deploying suitable resources atappropriate times and combining thiswith education and enforcement. Defra has issued a guide to help localauthorities improve standards andefficiency of street cleansing (AchievingImprovements in Street Cleansing andRelated Services, 2005, which can beviewed at: www.defra.gov.uk/environment/localenv/pdf/street-clean.pdf).

6.3 Public opinion tends to be shapedby a minority of sites – unsightly nichesand areas where litter may be trappeddue to the nature of the environmentitself. For most responsible bodies, goodmanagement is therefore simply aboutmanaging the minority of locations for short periods of time, as well asmaintaining a consistent overallcleansing strategy.

6.4 All duty bodies are encouraged toadopt suitable monitoring systems. Localauthorities report to Central Governmenton the cleanliness of the land for whichthey are responsible (BV199), and socollect data across different times of yearand across different types of land use.This provides valuable data to enablemanagers to identify sources and causesof problems, and take the correct course


of action. The methodology is freelyavailable from www.leq-bvpi.com. Otherduty bodies have also developed efficientmonitoring systems for particularenvironmental situations.

6.5 This Code introduces a revised set of recovery times for restoring localenvironmental standards for litter, refuseand detritus, if they fall below theprescribed standard. However, theseshould be regarded as a last resort as the levels should be maintained above an acceptable standard at all times.

7.0 Grades of cleanliness7.1 The graded standards shown beloware as defined in the original Code ofPractice on Litter and Refuse issued undersection 89(7) of the EnvironmentalProtection Act 1990. These four gradesalso correspond to the scales used by localauthorities for recording levels of streetcleanliness for best value indicator BV199.

For litter and refuse:

Grade A: No litter or refuse

Grade B: Predominately free of litterand refuse apart fromsome small items

Grade C: Widespread distribution of litter and/or refuse withminor accumulations

Grade D: Heavily affected by litterand/or refuse withsignificant accumulations

For detritus (to be removed onmetalled highways and recommendedto be removed on all hard surfaces):

Grade A: No detritus

Grade B: Predominately free ofdetritus except for somelight scattering

Grade C: Widespread distribution of detritus with minoraccumulations

Grade D: Heavily affected bydetritus with significantaccumulations

7.2 These standards may be applied toany site for litter and refuse, and, in thecase of detritus, to metalled highwaysand (recommended) all hard surfaces,using the following principles. N.B.Although the nature and characteristicsof land may vary the principles on whichthe litter, refuse and detritus are gradedremain the same. The photos that follow in 7.7 demonstrate graphicallyhow these principles appear againstdifferent backgrounds.

• Grade A means that no litter, refuse (or detritus where applicable), is presentin the area.

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• The presence of even one small item of litter, refuse (or small scattering ofdetritus where applicable) downgradesthe environment to a B.

• The presence of litter and/or refuse(and/or detritus where applicable) thatis significant enough to form a fewminor accumulations (grade C) orsignificant accumulations (grade D) is regarded as unacceptable.

7.3 It is recognised that a grade Acannot be maintained at all times, andthe presence of a few small items of litterand refuse, not yet accumulating, areregarded by the public as acceptable forshort periods of time. It is expected thatmanagers of land should, throughmonitoring and the appropriate use ofresources, keep their land clear of litterand refuse so that it does not fall belowa grade B and is cleansed to an A on aregular basis. Metalled highways must be free from detritus after cleansing (to a grade A).

The inclusion of the recommendationthat all hard surfaces be cleansed to befree from detritus in this code seeks toensure that thorough cleansing is carriedout on a regular basis. Without this, an area still appears dirty.

7.4 It may not be practicable to remove all litter items from some softer or non-metalled surfaces, such as grass or sand, and in these cases a grade Bwould be acceptable.

7.5 Where vegetated and metalledsurfaces abut without clear kerb edging,for example a grass verge leading onto a rural road, managers should make ajudgement as to the definitive edge ofthe metalled surface. The extent ofdetritus is then comprised of the amountof encroachment onto the metalledsurface from this definitive edge. Itshould be regarded as good practice tocut back any vegetation that encroachesupon a metalled surface, and detritus can be managed with an effective sweepingregime. Although a grade A may not beachievable in every circumstance, it isexpected that an acceptable grade (gradeB) be achieved on the exposed metalledsurface of a road or highway. Mud andskim from flooding are separate issues.

7.6 Managers should be able to predicttimes or situations that lead to greaterfluctuations in likely disposal patterns andprepare for them appropriately. Managersshould also consider shaping theirmonitoring to enable them to respondquickly to potentially dangerous itemssuch as glass or drug needles, or tosensitive areas such as playgrounds.


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Set A: litter and refuse in both relevanthighway and hard surface setting

GGrraaddee AANo litter or refuse

GGrraaddee BBPredominately free of litterand refuse apart fromsome small items

GGrraaddee CC Widespread distribution of litter and/or refuse withminor accumulations

GGrraaddee DD Heavily affected by litterand/or refuse withsignificant accumulations

7.7 Pictorial examples of the gradingprinciples in different settings

Set B: litter and refusein a soft surface setting

GGrraaddee AANo litter or refuse

GGrraaddee BB Predominately free of litterand refuse apart fromsome small items

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GGrraaddee CCWidespread distribution of litter and/or refuse withminor accumulations

GGrraaddee DDHeavily affected by litterand/or refuse withsignificant accumulations

Set C: principles of detritus gradingin a relevant highway setting

GGrraaddee AANo detritus

GGrraaddee BBPredominantly free ofdetritus except for somelight scattering

GGrraaddee CCWidespread distribution of detritus with minoraccumulations

GGrraaddee DDHeavily affected bydetritus with significantaccumulations

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8.0 Zones8.1 The speed and intensity of theaccumulation of litter and refuse in anarea depend on a large number offactors. These can include the levels ofpedestrian and vehicular traffic, naturalphysical features and location, theweather, the time of year, the nature ofthe surface of the terrain, the structuraland physical items that affect the abilityto clean, and the nature and condition ofthe surrounding areas. All of these mustbe accounted for when analysing themost effective cleansing strategy.

8.2 However, there are two mostcommon features that will have animpact on the levels and frequency ofattention that needs to be paid to anarea to keep levels of litter and refuse to acceptable standards. These are:

• the intensity of activity in the area, from people and vehicles; and

• health and safety limitations.

8.3 As such, this revised Code has re-classified the different types of landmanaged by duty bodies into four mainzones, based on these two variables. It is anticipated that this will help toguide duty bodies on the intensity ofmanagement required.

• High intensity of use (busy public areas)

• Medium intensity of use (‘everyday’areas, including most housing areasoccupied by people most of the time)

• Low intensity of use (lightly traffickedareas that do not impact upon mostpeople’s lives most of the time)

• Areas with special circumstances(situations where issues of health andsafety and reasonableness andpracticability are dominantconsiderations when undertakingenvironmental maintenance work)

8.4 Duty bodies should allocate landinto one of these four zones andmanage it accordingly. Table 1 below(pages 21-25) indicates the types ofland within each category.

8.5 More detailed descriptions of landuses and accompanying managementnotes are listed in section 11 below.

8.6 If in doubt, categorise a land useinto the same zone as the dominant landuses around it. For example, a parklocated within a housing area should bemanaged as a medium intensity zone.

A road would be designated as a highintensity zone whilst running through aprimary or secondary retail and commercialcentre, a medium intensity zone in thesuburbs and a low intensity zone once inthe countryside. Hotspots (for example

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within 200m of entrances of car parkingareas) in busy public parks, that arenational tourist attractions located in ruralareas, should be classified as high intensityin order to be managed effectively.

8.7 Duty bodies are expected to publishdetails of these zones for their landand make them available to the publicon request.

8.8 All duty bodies in an area shouldconsult together and develop anintegrated approach to zoning. This should be led by the PrincipalLitter Authority and zoning should be completed within 1 year ofcommencement of the new Code’scoming into effect. It is recommendedthat any subsequent zoning or re-zoningis done after a period of consultation. Inparticular, any body under the duty shouldconsult the Principal Litter Authority whenchanging an existing zone or when zoningpreviously un-zoned areas.

8.9 In some cases these land uses mayintegrate with areas for which other dutybodies have responsibility, such as suburbantransport centres, or land adjacent tocanals. In these cases, respective zones ofresponsibility should be clearly defined.Partnership working is recommended as a way to manage such areas.

9.0 Timings 9.1 Duty bodies are expected to set theircleansing schedules so that they meet theduty to keep their relevant land clear oflitter and refuse, and highways clean.

9.2 In some areas, these standards canbe effectively maintained during daylighthours. However, in others longer hoursof management are required, forexample, in town and city centres. If thestandard in high intensity areas shouldfall to an unacceptable level during theevening, it should be restored to grade A by 8am. Good practice would be thatgrade A is achieved earlier, by the timethe area begins to get busy. This appliesto weekends and bank holidays as wellas weekdays.


9.3 If, in managing the litter and refuse,managers judge it necessary to workoutside normal working hours, the dutybody should administer a consistentpolicy to this effect. For example, in areaswith a lively night-time economy, orwhich are obstructed by people orvehicles during the day, it may be farmore efficient to carry out daytimeoperations to manage the levels toacceptable standards and carry outthorough cleansing regimes outsidenormal working hours.

9.4 As a last resort, if acceptablestandards of litter and refuse are not met,response times have been set for each ofthe four categories by which land mustbe returned to an acceptable standard.

9.5 Duty bodies that allow their land to fall below acceptable standards forlonger than the allowed response timemay be subject to a Litter AbatementOrder (section 91) or a Litter AbatementNotice (section 92) issued under theEnvironmental Protection Act 1990.Further details on legislation can befound in Part 3.

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HHiigghh iinntteennssiittyy ooff uussee

MMeeddiiuumm iinntteennssiittyy ooff uussee

LLooww iinntteennssiittyy ooff uussee

SSppeecciiaallcciirrccuummssttaanncceess

1/2 a day

This means by 6pmif reported before1pm or by 1pm thenext duty day ifreported between1pm and 6pm onthe previous day

1 day

This means by 6pmthe followingevening

14 days 28 days or as soonas reasonablypracticable

Response times:

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Table 1

High intensity of use

Nature of the area Areas which, throughintense pedestrianand/or vehicularmovements, areprone to fluctuationsin litter and refuseand require bothhigh levels ofmonitoring andfrequent cleansing

Medium intensity of use

Areas affected bymoderate levels ofpedestrian andvehicular activity andtherefore less proneto fluctuations inlitter and refuse,usually situatedoutside centres ofretail or commercialactivity, but usedregularly by membersof the public

Low intensity of use

Areas subject to lowor infrequent levelsof pedestrian andvehicular activity andtherefore less proneto fluctuations inlitter and refuse,often located inmore rural areas

Specialcircumstances

Types of land whereissues of health and safety andreasonableness andpracticability aredominantconsiderations whenundertakingenvironmentalmaintenance work(includes legislativerestrictions for allland types)

Maximum responsetime to restore tograde A standard if it falls belowgrade B

1/2 a day

This means by 6pmif reported before1pm or by 1pm thenext duty day ifreported between1pm and 6pm onthe previous day

1 day

This means by 6pmthe followingevening

14 days 28 days or as soon as reasonablypracticable

TTyyppee ooff zzoonnee

2222





TTyyppee ooff llaanndd ((dduuttyy aapppplliieess ttoo rreelleevvaanntt llaanndd//hhiigghhwwaayyss wwiitthhiinn tthheessee ccaatteeggoorriieess –– rreeffeerr ttoo ssppeecciiffiicc gguuiiddaannccee iinn sseeccttiioonn 1111))

Retail, office andcommercial (see section 11.1)

Primary andsecondary retail,office & commercialareas

Primary andsecondary retail,office & commercialareas

Housing land (see section 11.2)

Areas of housing(except those locatedwithin primary orsecondary retail,office & commercialareas which fallwithin high intensityareas)

Industrial areas (see section 11.3)

Industry/warehousing/retail parks

Table 1 Continued

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TTyyppee ooff llaanndd ((ccoonnttiinnuueedd))

Roads (see section 11.4)

Main roads andother highwaysrunning through theabove areas

Main roads andother highwaysrunning through theabove areas

Rural roads and other highwaysrunning through the above areas

Motorway and trunkroad roundaboutsand lay-bys,approach and sliproads connecting to these roads

Carriageway, vergesand centralreservations ofmotorways and trunk roads

Transportinterchanges (see section 11.5)

Publicly accessibleareas in and aroundtransportinterchanges in busypublic areas (mostlikely to be majorairports, ports,harbours, bus, train,and tram passengerstations in cities andtown centres, and car parks)

Publicly accessibleareas in and around transportinterchanges locatedin these areas (mostlikely to be suburbanand important town harbours, bus,train and traminterchanges, carparks and haulageoperations)

Public areas in andaround transportinterchanges locatedin these areas

Also, Operational rail land betweenplatforms and within100m of platformends

Operational rail landwithin urban areas,not covered by otherzones

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Educational land(see section 11.7)

Land of designatededucationalinstitutions (mostcommonly schools,colleges anduniversities), duringterm-time, otherthan weekends orhalf-term holiday

Land of designatededucationalinstitutions (mostcommonly schools,colleges anduniversities), whenbeing used for apurpose authorisedby governing body or managers duringholidays

Public open spaces(see section 11.6)

Parks and openspaces located inbusy public areas, or with strategicnational importance,or parts of otheropen spaces subjectto high intensity of use

Parks and openspaces located inareas as describedabove, or parts ofother open spacessubject to mediumintensity of use

Parks and openspaces located inareas as describedabove, or parts ofother open spacessubject to lowintensity of use

Waterside land(see section 11.8)

Waterside land inareas with highintensity of use

Waterside land inareas with mediumintensity of use

All other watersideland

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Beaches (see section 11.9)

Amenity Beachesshould be generallyclear of all litter andrefuse between 1 May and 30September inclusive.

Individual localauthorities shoulddecide the level ofcleanliness that theyare able to provide to any non-amenitybeaches, and wherepracticable, beachesmust be inspectedfrom time to timeand cleaned asnecessary

Other areas (see section 11.10)

Other busy publicareas

All other areas

9.6 There will be circumstances, which,in the interests of responsibility and/orhealth and safety, require managers torespond far quicker than the maximumresponse time. For example, should drugsneedles be found on a school playground,or any items of litter be found on anairport runway, it is expected that theseobjects be removed as a matter of priority,well before the maximum response time.It is recommended that for drug-relatedlitter, duty bodies respond within 3 hoursof a report.

9.7 When there is an accumulation ofmaterial that is potentially hazardous tohealth (for example waste food), dutybodies should remove this at the earliestpracticable opportunity.

9.8 Response times will be subject tooverriding requirements, especially inrelation to health and safety and trafficmanagement, where the regulations orprocedures laid down in the relevantlegislation must be adhered to in thefirst instance.

10.0 Practical issues10.1 The time periods given in Table 1are maximum response times for cleaningan area that has become adverselyaffected by litter, refuse, and/or detritus(where applicable).

10.2 The caveat in the litter dutyconcerning practicability is very important.On some occasions, circumstances mayrender it impracticable for the body underthe duty to discharge it. It is for the courtsto agree whether or not it was impracticablefor a person under the duty to dischargeit. Examples where it may be consideredimpracticable to clear within dutytimescales include:

• when there are severe weather conditions;

• when special events present practicaldifficulty in meeting the response times;

• health and safety considerations;

• to avoid damage to sensitive areas (caninclude natural habitats and heritagesites as well as, for example, the needto preserve forensic evidence at acrime scene);

• where advance notice is required for traffic management.

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Every effort must be made to clear the land at the earliest opportunity. Seesection 11.0 for further information onpracticability issues pertaining to eachland type /highways.

10.3 The courts should also take intoaccount action taken through otherlegislation, such as Street Litter ControlNotices or Litter Clearing Notices.

11.0 Detailed descriptions of land uses11.0.1 This section provides more detaileddescriptions of the types of land referred toin Table 1, and, where appropriate, specificnotes on the discharge of the duty andissues of practicability.

11.0.2 Annex 1 contains the full landuse category descriptions used by localauthorities under the BV199 samplingregime. It aims to provide those alreadyusing these land use categories with an easy reference and others with anextended description of the type of land included within the land use type.

11.1 Retail, office and commercial areas

11.1.1 This category includes all city andtown centre areas and should include allof the main town and city retail, office andcommercial centres, as defined in localauthority Development Plans (or LocalDevelopment Frameworks), as well as busytourist hot spots outside central areas. It should also include secondary retail,office and commercial areas (that have afrontage of over 50 metres), often locatedin areas of housing or smaller towns andvillages. Out-of-town retail parks andindustrial estates are not included in thiscategory (see 11.3.1 below).

11.2 Housing land11.2.1 This category includes all(relevant) land primarily used for housing,with the exception of housing locatedwithin busy town and city centres, whichshould be included within the Retail,Office and Commercial category.

11.3 Industrial areas

11.3.1 This category includes land withinindustrial and warehousing developments,out-of-town retail parks and scienceparks, as well as the roads runningthrough them.


11.3.2 Some large industrial estates have honeypot sites around a number of mobile or fixed establishments selling food, or can be known fly-tipping sites that should be managed as a high intensity zone.

11.4 Roads

11.4.1 This category covers certain typesof highway – motorways, trunk roads,and those defined as main roads, ruralroads and ‘other highways’ according toBV199. Rights of way that are publiclymaintainable will fall into the rural roadscategory in rural areas except where theyare defined as ‘other highways’. Relevanthighways falling outside these definitionsshould be zoned according to thesurrounding land use.

11.4.2 The duty relating to relevanthighways under section 89 of theEnvironmental Protection Act 1990 is thatthey should also be kept clean, not justclear of litter and refuse. In practice, thecode therefore requires the removal ofdetritus from metalled highway surfaces,and recommends its removal from allother hard surfaces. This should bereflected in the cleansing strategy.

11.4.3 Care should always be taken toensure that debris, detritus, and othermaterials are not left to become a dangerto road users by accumulating to; blockchannels, gullies and cause flooding;encourage weed growth; or becomecompacted. The seasonal variations in such accumulations should be taken intoconsideration when formulating cleaningregimes. The difficulty of removingseasonal leaf fall is recognised in thedefinition of detritus, which only coversleaf fall that has substantially brokendown. Extensive deposits of mud andslurry arising from farms, forestry andconstruction activities may presentpracticability issues, especially in ruralareas, to which the principles in section 10.0 apply.

11.4.4 Broadly speaking, in accordancewith the Environmental Protection Act1990, the Secretary of State is responsiblefor ensuring that motorways and a smallnumber of all-purpose trunk roads arekept litter-free. Certain statutoryinstruments have created trunked orde-trunked roads (defined in ‘A New Deal for Trunk Roads’) and are listed atwww.highways.gov.uk. The responsibility

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for litter clearance on the rest of the trunkroad network lies with the relevant localdistrict and borough councils.

11.4.5 Main roads and ‘other highways’including, for example, dedicated cycleways, lay-bys, and redundant highwayinfrastructure still accessible to the public,should fall into high or medium intensityzones depending on the surrounding landuse. Rural roads and ‘other highways’ inrural areas fall into the low intensity zone.

11.4.6 Sections of motorways and trunkroads where vehicle speeds tend to belower and traffic less frequent fall into thelow intensity zone, namely roundaboutsat motorway and trunk road intersections,run-on and run-off roads, and lay-bys ontrunk roads. Other areas of motorwaysmay be subject to the following healthand safety considerations.

11.4.7 On motorways, where safetyissues are paramount, it is recommendedthat cleansing is always carried outalongside routine maintenance to aidmaintenance of standards. The issues of practicability pertaining to motorwaysare recognised, but examples of good

practice in regular operation include theuse of moving blocks, or scavengingcrews, which have proved to be effectivein tackling littered areas. Some areas withslower traffic flows such as on-off roadsand roundabouts are often the mostlittered but are actually easier to managethan areas with less refuge and highertraffic speeds such as central reservations.

11.4.8 In general, managers shouldidentify times at which roads are least busyor obstructed and cleansing should becarried out at these times. This may meanworking outside normal working hours.

11.4.9 On roads where high levels ofvehicle obstruction occur most of thetime, for example, those located withinareas of high density housing, appropriatecleansing strategies must be used, forexample, manual sweeping.

11.4.10 It should be possible formanagers to set up effective cleansingstrategies to manage levels of litter andrefuse above acceptable standards, andcarry out thorough cleansing withappropriate equipment, as required,during times with lower levels of trafficflow and/or obstruction.


11.4.11 Section 89(5) requires localauthorities to place appropriate trafficsigns and barriers on the highway orroad to warn or regulate traffic whenexercising their litter duty. Section 89(6)also requires local authorities to complywith any directions from the highwayauthority in respect of both the placingof such signs and barriers and of days orperiods during which clearing or cleaningmust not be undertaken. Additionally,section 89(6) allows local authorities toapply to the highway or roads authorityasking it to exercise its powers to maketemporary traffic regulation orders torestrict or prohibit the use of the road toallow cleaning and the clearance of litterand refuse to take place.

11.4.12 In relation to 11.4.11 above, theduty body will need to liaise with thehighway authority to identify and agreesuitable arrangements. These considerationsarise particularly in relation to motorwaysand strategic routes that are subject tocontinuously heavy traffic flows. Whereverpossible, agreement should be reached onthe co-ordination of highway maintenanceand cleansing activities, to help improveefficiency and service standards.

11.5 Transport interchanges

11.5.1 Transport interchanges are theinterchange between two or more modesof transport, such as major transportcentres including railway stations, busstations, taxi ranks, ports and airports aswell as any approach roads, landscapedareas, and car parking facilities withinthem. Non-operational land, to which thepublic has access, such as platforms inrailway stations and approach roads andareas, would not normally be expected to be subject to special considerationsrelating to health and safety. Some healthand safety caveats apply to operationalrailway land, ports and airports, addressedin section 11.5.6 and 11.5.7 below. Formore detailed information, please seeDefra’s guidance on litter available fromwww.defra.gov.uk/environment/localenv.index.htm.

11.5.2 Relevant land in this land use willfall under the direct responsibility of dutybodies named under the Litter (StatutoryUndertakers) (Designation and RelevantLand) Order 1991 (S.I.1991/1043). Thedesignated statutory undertakers includetrain and tram operators, road transportundertakings (other than taxi or hire cars),

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canals, ports, docks, harbours, piers or airports.

11.5.3 Relevant land in this category may also fall under the direct responsibility of Principal litter authorities.

11.5.4 Responsibility for transportinterchanges and the land around themhas been transferred between differentcompanies and agencies a number oftimes since this duty came into force underthe 1990 Act. It is important, when carryingout such a transfer, that responsibility for all areas of land, including adjacent carparks and landscaped areas, are noted in the documents of transfer to avoidinconsistencies later.

11.5.5 The predominant land use aroundpublic transport facilities will determinethe cleanliness standards and responsetimes expected of the duty body, inaddition to the general levels of usage.For instance, a bus station in a centralbusiness district, or a major internationalairport, would form a high intensity area.A small railway station in a rural areawould fall into a low intensity zone.

11.5.6 Issues relating specifically to railway land:

• Areas of railway land to which thepublic are permitted to have access,which include station forecourts,platforms and public land adjacent tothe station, should not normally besubject to significant health and safetycaveats so as to preclude managementof litter and refuse to acceptable levels.

• Operational land up to 100m beyondthe platform ends at railway stationsand between platforms is subject to a 14-day response time to allow forpossible delays due to health and safetyconsiderations. It is felt that this time issufficient to clear such land, should thelevels of litter and refuse fall belowacceptable levels between regularcleansing cycles.

• It is recognised that operational landwithin urban areas may be subject togreater health and safety considerations,but duty bodies are expected to combinemanagement of litter and refuse withroutine track maintenance work so as to avoid significant accumulations of litter and refuse. Any significantaccumulations should be removed at the earliest opportunity.


• In areas where the origin of litter orrefuse is external to railway activities, theduty body may consider it appropriate to make clearance arrangements on apartnership basis involving the railwayundertaking, local authorities andamenity groups.

• Access to railway land is subject to strictcontrols, and local authorities must notunder any circumstances enter norpurport to authorise entry by any person.Only the railway undertaker concerned isin a position to authorise entry by personsin possession of appropriate railway safetycertification meeting the requirements ofundertaker’s Railway (Safety Case)Regulations 2000 (S.I. 2000/2688).

11.5.7 Issues relating specifically to portsand airports:

• Access to ports and airports is strictlycontrolled because of the risks to safetyand security; in particular, access to the airside at commercial airports andaccess into restricted areas of ports issubject to stringent security checks. The port authority or airport authorityresponsible for the site must thereforealways be contacted with regard toaccessing such land.

11.6 Public open spaces

11.6.1 This land use type includes awide range of open spaces to which thepublic has access. Sites include parks,picnic sites, and municipal cemeteries.

11.6.2 Public open spaces experiencevarying levels of patronage, oftendetermined by their location ornational/regional reputation. As anexample, public open spaces located inintensely used zones should be managedclosely as they will be subject to the samefluctuations in pedestrian, and in somecases, vehicular, flows, as the surroundingarea. The same rule should be used forthe other zones. Some hotspots in theless intensely used open spaces, such ascar parks or information points, shouldbe zoned as higher intensity zones inorder to manage the likely fluctuations in littering appropriately.

11.6.3 Duty bodies will need to haveregard to relevant guidance relating toprotected areas such as Sites of SpecialScientific Interest, Areas of OutstandingNatural Beauty and National Parks.

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11.7 Education land

11.7.1 This duty applies to land in theopen air and under the direct control of the governing body of designatededucation institutions. Broadly,universities, publicly funded colleges ofhigher or further education and schoolsare designated for the purpose of thisduty, but for full details see section 98(2)Environmental Protection Act 1990 andthe Litter (Designated EducationalInstitutions) Order 1991 (S.I.1991/561).

11.7.2 In developing their managementstrategies, managers should anticipate thechanging intensity of use throughout theyear, together with the likely impacts of thedifferent users (students studying duringterm-time, visiting students, other visitors).

11.7.3 Duty bodies should also take intoconsideration the impact of their land onthe land around it, particularly at keytimes of the day or year, and seek towork with neighbouring duty bodies toaddress some of these impacts throughawareness-raising or more practicalactivities. Litter trails from schools to localshops and the impact of residentialuniversity students on litter and wastecollection in specific areas can

significantly increase the managementrequirements for other duty bodies aswell as on education land itself.

11.8 Waterside land

11.8.1 This land use includes canalwaterways, marinas, inland navigationtowpaths and towpaths to which thepublic has access in urban areas.

11.8.2 Under the Litter (StatutoryUndertakers) (Designation and RelevantLand) Order 1991 (S.I.1991/1043), landadjacent to an unpaved towpath oradjacent to a paved towpath where thepaving extends for a length of less than1 kilometre is not to be treated asrelevant land of any designatedstatutory undertaker.

11.8.3 The growing number of watersideareas located within high intensity of useareas, such as leisure areas comprising barand restaurant developments, visitorattractions or honey pot sites, areupgraded to a high intensity zone.Likewise, waterside areas experiencingmedium intensity of use or located withina medium intensity zone, would be zonedas a medium intensity zone. This willenable them to be managed appropriately


to address the levels of use and highfluctuations of litter and refuse likely torelate, in particular, to the weather andthe time of day.

11.8.4 In areas where the origin of litter or refuse is external to the activities ofthe canal or inland navigation undertaking,the duty body may consider it appropriateto make clearance arrangements on apartnership basis involving the undertaking,local authorities and amenity groups.

11.8.5 Duty bodies responsible forcanals, marinas and towpaths should aim to cleanse hard surfaced areas to agrade A where practicable. A grade B issufficient as a standard for areas subjectto issues of practicability such as access,physical restrictions due to design ornature of the environment, or areas that are ecologically sensitive where aminimum, if any intervention is required.

11.8.6 Secluded areas such asunderneath canal bridges or nearwaterside buildings are particularly likelyto attract individuals taking drugs, andtherefore be susceptible to higher levelsof drugs litter.

It is recommended that canals and relatedareas should be subject to regular andsystematic management and monitoring.

11.9 Beaches

11.9.1 Duty bodies responsible forbeaches include Principal litter authoritiesand Crown Authorities.

11.9.2 This land use includes AmenityBeaches (including inland beaches wheresubstantial numbers of bathers or beachusers may congregate). As a minimumstandard, Amenity Beaches shouldgenerally be kept clear of all types oflitter and refuse between 1st May and30th September inclusive. It is expectedthat during this time of the year, beachesbe subject to a frequent monitoringroutine and be cleansed to as practicablea standard as possible. The Coderecognises that a grade A is not alwaysachievable, due to the terrain andconditions in a beach environment. A grade B would be a suitable cleanlinessstandard under these circumstances.

11.9.3 Due to changing holiday andclimatic patterns, beaches are increasinglybeing used outside of the traditionalbathing season of May – September.

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Although the duty does not extendbeyond the bathing season, it isrecommended as good practice that duty bodies are aware of the differentnature of beaches within their area, that they carry out a regular monitoringprogramme of those beaches anddevelop an appropriate cleansing regime.

11.9.4 By virtue of the Litter (RelevantLand of Principal litter authorities andRelevant Crown Land) Order 1991(S.I.1991/476), land below the place towhich the tide flows at mean high watersprings is not to be treated as relevantland of Principal litter authorities or as relevant Crown land. Again, it isrecommended as good practice that duty bodies are aware of the impact oflitter in the inter-tidal area, and whereappropriate, carry out cleansing.

11.9.5 Local authorities should identifythose beaches for which they haveresponsibility, which might reasonably be described as “amenity beaches”. Any assessment should take into accountthe level of use of the beach forrecreational purposes.

11.9.6 The duty applies to items ormaterials originating from dischargesdirectly to the marine environment aswell as discarded items from beach users. As a guide, only litter comprisingmanufactured or processed items ofmaterials that have been discarded,disposed of or abandoned, by intent or accident, should be removed. Littershould include processed food items butit does not include seaweed or twigs,which contribute to maintaining the local ecosystem.

11.9.7 There may be issues ofpracticability relating to litter removalfrom beaches and particular care will beneeded in respect of sensitive habitats.

11.10 Other areas

11.10.1 This category represents all otherareas of relevant land under the dutiesunder the 1990 Act not classified withinany other type of land in section 11above. These areas should be managedaccording to the intensity of use of thesurrounding land and zoned accordingly.


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12.0 Introduction12.1 This section is intended to set outadvisory standards for graffiti and fly-posting, to detail what grades A – D looklike for each standard. Duty bodies arenot required to effect the advisorystandards listed below. However, it isrecommended that all duty bodies seekto manage these problems in the courseof discharging their section 89 duties,and to work with other land managers inorder to achieve standards of cleanliness(as perceived by the public) across all land types regardless of ownership.

12.2 Incidents of these types ofenvironmental crime may not be aswidespread as those of litter, refuse or detritus, but their presence on theappearance of the local environment, andcan lead to further degradation of thearea and an increase in the fear of crime.Duty bodies can clear an area of litter,refuse and detritus, but from the public'spoint of view, the local environment feelsfar from clean.

12.3 Local authorities should alwaysremove graffiti and fly-posting frompublic property. They should also workwith private property owners to seek theremoval of graffiti and fly-posting to thestandards set out in this section. Powersare available to local authorities torequire the removal of fly-posters andgraffiti in certain circumstances. These are detailed in Part 3 of this document.

12.4 Government requires localauthorities to submit data on graffiti and fly-posting through Best ValuePerformance Indicator BV199. Therefore,this part details the system that hasalready been researched and developedfor grading these standards and theirimpact on the local environment from the public perspective, and makes it available to all duty bodies. Furtherinformation and pictorial illustrations ofthe principles behind the grading areavailable from www.leq-bvpi.com.

12.5 Acceptable standards for graffiti and fly-posting are grade B and above.Wherever possible, they should beremoved completely so that there is no trace, to a grade A standard.


Part 2: Advisory standardsfor graffiti and fly-posting

12.6 In a survey carried out by ENCAMSthat questioned local authorities aboutlocal environmental quality issues

2, only

4% of authorities responded that theyhad received no public complaints aboutgraffiti in the last 12 months. 89% feltthat they had a problem (20% major and69% minor) with graffiti. Fly-posting hadprompted fewer public complaints, with29% of local authorities stating that theyhad received no public complaints in thelast 12 months. The average number ofcomplaints received was 22, but rangedfrom 0–300. 83% of local authoritiesstated that they had a problem (14%major and 69% minor) with fly-posting.Other duty bodies interviewed as part ofthe wider consultation exercise alsonamed graffiti and fly-posting as localenvironmental issues that they had tomanage to different levels.

12.7 Good practice is available for all duty bodies in creating cleaner, safer, greener communities fromwww.cleanersafergreener.gov.uk.

13.0 Standards for graffiti and fly-posting13.1 Graffiti (BV199b). Any informal orillegal marks, drawings or paintings thathave been deliberately made by a personor persons on any physical elementcomprising the outdoor environment,with a view to communicating somemessage or symbol etc. to others.

Grade A The local environment iscompletely free of graffiti.

Grade B Some graffiti is present, but it is minor in extent, and many people passingthrough the local environmentwould not notice it.

Grade C Graffiti is present to theextent that it would beclearly visible to peoplepassing through the localenvironment, and visible at a distance from at least oneend of the 50m transect

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2 ENCAMS (2004) LEQ: A Local Authority Perspective www.encams.org.3 Throughout, ‘transects’ are referred to. These are used to describe the survey site, whether it is on a highway or on other kinds

of sites. For more information on transect definition see www.leq-bvpi.com.

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Grade D Graffiti is extensive over alarge part of a 50m transectand is likely to be clearlyvisible and obtrusive to peoplepassing through the localenvironment, and visible fromany point on thetransect.

13.2 Duty bodies should aim to prioritisethe removal of offensive or racist graffiti.Research shows that the majority of local authorities aim to remove themwithin 24 hours.4

13.3 Fly-posting (BV199c). Any printedmaterial and associated remains informallyor illegally fixed to any structure. It excludesformally managed and approved advertisinghoardings and valid, legally placed signs andnotices. It includes any size of material fromsmall stickers up to large posters – oftenadvertising popular music recordings,concerts and other events.

NB: This excludes business cards andhandbills placed under vehicle windscreenwipers and door handles5; illegal displayson movable objects such as advertising

‘A boards’; and billboards on movablebases on farmland, ‘barrage balloons’ etc.

Grade A The local environment is completely free from fly-posting.

Grade B Some fly-posting is present,but it is minor in nature andit is likely that many peoplewould not notice its presence.

Grade C Fly-posting is present in thelocal environment to theextent that it is likely to be clearly visible to peopleusing the area,and visible at a distance from at leastone end ofa 50m transect.

Grade D Fly-posting is extensivethroughout much of thelocal environment and isclearly visible and obtrusiveto people passing throughthe street scene, and visiblefrom any point on a 50m transect.


4 ENCAMS (2004) LEQ: A Local Planning Authority Perspective www.encams.org. Research showed that 65% of local authoritiessurveyed removed sexist or racist graffiti within 24 hours, and the full range stated was from 4 hours to 10 days.

5 These items do not fall under the Town and Country Planning Act 1990 restrictions, but where they have been discarded theywill form a component of litter.

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14.0 Introduction14.1 The Code of Practice on Litter andRefuse is issued by the Secretary of Stateunder section 89 of the EnvironmentalProtection Act 1990. This section of theAct imposes a duty on certain bodies tokeep relevant land and highways forwhich they are responsible, clear andclean of litter and refuse so far as ispracticable. However, the EnvironmentalProtection Act 1990 (as amended by theClean Neighbourhoods and EnvironmentAct 2005) is only one part of a raft oflegislation available to duty bodies tohelp maintain land within acceptablelevels of cleanliness.

14.2 Section A outlines the legislationavailable to individuals and authoritieswho consider that duty bodies are notmeeting their duties under section 89.

Section B details the main powersavailable to land managers toprevent littering.

Section C outlines the legislationavailable to help to tackle litter andrefuse on private land.

Section D outlines the legislationavailable to manage dog fouling.

Section E outlines the legislation availableto manage graffiti and fly-posting.

14.3 This section must not be seen to be comprehensive, and it does notconstitute legal advice. Full legislation is available through www.opsi.gov.uk,Government provides further detailedguidance, available from www.defra.gov.uk/environment/localenv/index.htm,and a guide to the legislation available to local authorities to better manage thepublic space can be found at www.idea.gov.uk/knowledge, including details oflegislation specific to participatingLondon local authorities. If you wish totake advice or pursue a case, you mustseek independent legal advice.

A: If the duty is not metMaking a complaint about litter andrefuse – Litter Abatement Orders(Environmental Protection Act 1990section 91).

This section provides for individuals andlegal persons (but not Principal litterauthorities) to take action, via themagistrates’ courts, against those notcomplying with the duty to keep landclear of litter or refuse, or highways clean.


Part 3: Legislation to support the code of practice

If the magistrates’ court concludes thatthe complaint is well founded, it mayissue a Litter Abatement Order requiringthe person complained against to clear orclean the land. Local authorities and otherduty bodies should inform the publicabout procedures for making a formalcomplaint and the right to seek redress in the courts if the litter duty is not met.

Enforcing the requirement for dutybodies to keep land clear of litter and refuse – Litter Abatement Notices (Environmental Protection Act 1990,section 92).

This section enables Principal litterauthorities to take action where a dutybody is failing to keep its relevant landclear of litter and refuse. The power to issue a Litter Abatement Notice isavailable to Principal litter authorities,other than county councils or a jointboard, and may be used where anyrelevant Crown land, or land of adesignated statutory undertaker, ordesignated educational institution isdefaced by litter or refuse, or thedefacement is likely to recur. A LitterAbatement Notice may specify either, or both, of the following:

• A requirement for the litter or refuse to be cleared within a certain time.

• A prohibition on permitting the land to become defaced by litter or refuse.

Penalties for failing to comply with a Litter Abatement Order or LitterAbatement Notice.

Failure to comply with a notice or order is a criminal offence, punishable by amaximum fine at level 4 (currently £2,500),together with a further fine of (currently)£125 a day for each day that the offencecontinues. The Code of Practice on Litterand Refuse is admissible as evidence inproceedings on a complaint, or for breachof a notice or order.

B: Powers to prevent litteringOffence of leaving litter, prosecutionand fixed penalties (EnvironmentalProtection Act 1990, sections 87 & 88).

It is an offence to throw down, drop orotherwise deposit, and then to leave,litter under section 87 of the 1990 Act.The offence, as extended by section 18of the Clean Neighbourhoods andEnvironment Act 2005, applies to allplaces that are open to the air, includingprivate land and land covered by water.

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A person found guilty of the litteroffence may be fined up to level 4 on thestandard scale (currently £2,500). Fixedpenalty notices for litter may be issued byan authorised officer of a litter authority(including Parish Councils), by National Park Authorities, Police CommunitySafety Officers and accredited persons.

Dealing with street litter outsidepremises (Environmental Protection Act 1990, sections 93 & 94).

Sections 93 and 94 give local authoritiesthe power to tackle street litter generatedfurther to activities on adjacent premises .The type of commercial and retail premisein respect of which a notice may be issuedare specified in the Street Litter ControlNotices Order 1991 (SI 1991/1324). Thereis no restriction on the type of litter for which this may be used, but it isintended primarily to help deal with foodand drink packaging and other littercaused by eating ‘on-the-go’ as well aslitter from cash points and lottery ticketsdropped outside shops. The legislationenables local authorities to serve StreetLitter Control Notices requiring businessesto clear up the litter and implementmeasures to prevent the land from

becoming defaced again. Amendmentsmade to the 1990 Act by the CleanNeighbourhoods and Environment Act2005 have made it immediately anoffence to fail to comply with therequirements of a Street Litter ControlNotice, and fixed penalties may be issuedas an alternative to prosecution.

Local authorities should work inpartnership with others to resolve theproblem of street litter and seek to remedyit, where possible, through joint workingand good management practice. Such anapproach is fostered by Defra’s VoluntaryCode of Practice for ‘Reducing littercaused by Food on the Go’, which setsout recommendations to help businesses,local authorities, and other public andprivate sector bodies to work together.

Controlling the distribution of freeliterature (Environmental Protection Act 1990, section 94B and Schedule 3A).

The distribution of free literature canblight public spaces if leaflets and otherprinted materials are subsequentlydropped as litter.


Section 94B and Schedule 3A of theEnvironmental Protection Act 1990,(inserted by the Clean Neighbourhoodsand Environment Act 2005), givePrincipal litter authorities powers tocontrol such distributions. Authorities can designate, by order, areas of theirown land or highways, in which thedistribution of free literature is permittedonly with their consent, and anyonedistributing free literature in such an areawithout consent commits an offence,punishable by a fine or a fixed penaltynotice. It is also an offence tocommission or pay for the distribution offree printed matter in a designated areawithout the necessary consent.

As with other provisions in Part 4 ofthe Environmental Protection Act 1990,authorities are encouraged to work withretailers and businesses to minimisethe problems associated with thedistribution of free literature beforeimposing restrictions.

C: Powers for managing litter on other’s landLitter Clearing Notices (EnvironmentalProtection Act 1990, sections 92A-92C).

Principal litter authorities have the powerto issue Litter Clearing Notices whereland in their area is defaced by litter orrefuse and this is detrimental to theamenity of the area. This power wasintroduced into the 1990 Act by theClean Neighbourhoods and EnvironmentAct 2005, and replaces the previoussystem of Litter Control Areas.

Litter Clearing Notices can be used totackle litter on most types of land, otherthan those areas for which there isalready a responsibility to clear litter andrefuse under section 89. It therefore offersa tool for dealing with litter on privateland that can often be blown orotherwise carried into neighbouring areas.The main features of the system are:

• A notice can be served without priordesignation of a litter control area, andit is an offence not to comply with a Litter Clearing Notice;

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• Local authorities are able to specify thestandard to which land must be cleared;

• If land is not cleared, or is not clearedsatisfactorily, the local authority canenter the land, clear it itself, andrecover the costs of doing so.

Wherever possible, Principal litterauthorities should work in partnershipwith land owners and occupiers toresolve problems caused by heavilylittered land. In issuing a notice,authorities should consider the role that they can play to address the causesof the litter problem, particularly inspecifying steps to be taken to preventfuture defacement.

Section 59 Environmental Protection Act 1990.

Provides powers for waste regulationauthorities and waste collectionauthorities to serve a notice on theoccupier or owner of land to require theremoval of controlled waste unlawfullyand knowingly deposited. Where aperson fails to meet these requirementsthe local authority or the EnvironmentAgency may clear the waste and seek to recover the costs.

Part III (Statutory Nuisance)Environmental Protection Act 1990.

District councils can serve an abatementnotice if an accumulation or deposit isconsidered to be prejudicial to health or a nuisance. Reasonable costs can berecovered by the authority in abating orpreventing the recurrence of a statutorynuisance for which a notice has beenserved. Inert material, however, would notbe categorised as a statutory nuisance.

Section 215 Town and Country Planning Act 1990.

Allows a local planning authority to serve a notice on the owners and occupiers ofland, requiring the site to be tidied up if the condition of any land is in such astate as to adversely affect the amenity of the neighbourhood. Non-compliance is punishable (s.216) by a fine notexceeding level 3 (currently £1,000) on the standard scale.


Section 22 (3) Control of Pollution Act 1974.

Provides a power to district councils,London borough councils and theCommon Council of the City of Londonto arrange, with the agreement of theperson owning or occupying the land, for cleaning of land in the open air (other than a highway) to which thepublic have access. Charges will be paid by the owner or occupier.

Section 78 Public Health Act 1936.

Provides powers for district councils,London borough councils, the CommonCouncil of the City of London, the Sub-Treasurer of the Inner Temple and theUnder Treasurer of the Middle Temple to sweep and cleanse any court, yard orpassage which is used in common by the occupants of two or more buildings(but is not a highway repairable by theinhabitants at large) and which is notregularly swept and kept clean to thesatisfaction of the authority. The councilmay recover reasonable expenses fromthe occupiers of the buildings.

Section 34 Public Health Act 1961.

Provides a power for urban districtcouncils, borough councils, the CommonCouncil of the City of London, the Sub-Treasurer of the Inner Temple, the UnderTreasurer of the Middle Temple and theCouncil of the Isles of Scilly to removefrom any land in the open air any rubbishthat is seriously detrimental to theamenity of the neighbourhood. Rubbishis defined as including rubble, waste,paper, crockery and metal.

Section 6 Refuse Disposal (Amenity) Act 1978.

Gives district councils, London boroughcouncils and the Common Council of theCity of London the powers to removefrom land open to the air or on a highwayany thing (other than a motor vehicle) that has been abandoned without lawfulauthority. If the land is occupied, thecouncil must give notice of their intentionto remove. Costs can be recovered fromthe person leaving the refuse or a personknowingly permitting it.

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Section 4 Prevention of Damage by Pests Act 1949.

A local authority can serve a noticerequiring an owner to remove, at his ownexpense, accumulated waste for thepurpose of keeping land free from ratsand mice. Costs can be recovered shouldthe council have to remove it.

D: Powers to tackle dog foulingDog Control Orders (CleanNeighbourhoods and EnvironmentAct 2005 sections 55-62, andregulations made under them)

The Clean Neighbourhoods andEnvironment Act has repealed the Dogs(Fouling of Land) Act 1996 and, subjectto savings in respect of that Act, dogfouling is now controlled by way of DogControl Orders. These can be made inrespect of land which is open to the air(including covered land which is open tothe air on at least one side) and to whichthe public has access with or withoutpayment. Dog Control Orders can bemade and enforced by both primary andsecondary authorities and cover a rangeof dog control issues. They can beapplied to:

• restrict the number of dogs per person;

• require the person in charge of a dog to clear up dog faeces;

• require dogs to be on a lead;

• require that dogs are put, and kept, on a lead if directed to do so by anauthorised officer; or

• or place a ban on dogs over an area.

The penalty for committing an offenceunder a Dog Control Order is a maximumfine of level 3 on the standard scale(currently £1,000). Under section 59 ofthe 2005 Act, an authorised officer may offer to issue a Fixed Penalty Noticeas an alternative to prosecution; undersection 60 a level of £75, althoughprimary or secondary authorities are ableto set another amount within a rangeprescribed in the Environmental Offences(Fixed Penalties) (Miscellaneous Provisions)Regulations 2006.

Designations made under the Dogs(Fouling of Land) Act 1996 prior to April 2006 will remain in force until sucha time as a Dog Control Order is made for the same land in respect of the same offence.


This means that prosecutions cancontinue to be brought against thosewho infringe dog laws on landdesignated under the Dogs (Fouling ofLand) Act 1996. Fixed Penalty Notices cancontinue to be issued for dog foulingoffences on land designated under the1996 Act but the fixed penalties willremain at £50.

E: Powers to tackle graffiti and fly-postingFixed penalty notices for graffiti and fly-posting (Anti-social BehaviourAct 2003 sections 43-47)

Authorised officers of local authorities(including Parish Councils), PoliceCommunity Support Officers and‘accredited persons’ may issue fixedpenalty notices to those who physicallycommit ‘minor’ acts of graffiti and fly-posting as an alternative to prosecution.The specific offences for which such fixed penalty notices may be issued aregiven in section 44 of the 2003 Act.

Defacement removal notices (Anti-social Behaviour Act 2003sections 48-52)

These sections enable a local authority toserve a ‘defacement removal notice’ onthe owners of street furniture, statutoryundertakers and educational institutionswhose property is defaced with graffiti orfly-posting that is either detrimental tothe amenity of the area or offensive.

If the defacement is not removed withina specified time (minimum 28 days), thelocal authority can intervene and clean it up themselves, with due reference toguidance issued by the Secretary of State.An appeals process is available.

Graffiti (Criminal Damage Act 1971)

Creating Graffiti is an act of criminaldamage under section 1 of the CriminalDamage Act 1971. The amount of thepenalty for committing such an offencewill depend on the value of damagecaused. (It may also be an offence under section 54, paragraph 10 of theMetropolitan Police Act 1839, section 20(1)of the London County Council (GeneralPowers) Act 1954, and section 131(2) or132(1) of the Highways Act 1980.)

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Sale of aerosol paint to children (Anti-social Behaviour Act 2003,sections 54 and 54A)

Section 54 makes it an offence to sellaerosol spray paints to persons agedunder 16, with the objective of reducingthe incidence of criminal damage causedby acts of graffiti. Retailers selling spraypaints to under 16s commit an offence,which carries a level 4 fine (currently£2,500). Retailers are required to checkthe age of buyers if there is any doubtthat they are least 16 years old.

Section 54A places a specific duty on localauthority trading standards to investigatethe extent of spray paint graffiti problemsin their areas once a year and to takeappropriate enforcement action wherenecessary to tackle underage sales.

Section 215 Town and Country Planning Act 1990

The local planning authority has a powerto serve a notice specifying steps forremedying condition of land that is adverselyaffecting the amenity of the area.

The scope of works that can be requiredin section 215 notices is wide and includesplanting, clearance, tidying, enclosure,demolition, re-building, external repairs,and repainting.

Unlawful display of advertisements (Town and Country Planning Act1990, sections 220 and 224)

Section 220 gives the Secretary of Statepowers to make regulations restricting orregulating the display of advertisementsso far as it appears to the Secretary toState to be expedient in the interests ofamenity or public safety. There is a powerto make regulations enabling the LocalPlanning Authority to require the removalof advertisements and the discontinuance of the use of the site for display ofadvertisements. It is an offence undersection 224 to display an advertisementin contravention of the regulations undersection 220 of that Act. A person foundguilty of this offence may be liable to a fine not exceeding level 4 (currently£2,500) on the standard scale.


Removal of placards and posters (Town and Country Planning Act 1990 section 225)

This section enables a local planningauthority to remove or obliterate anyposter or placard the display of which is,in the authority’s opinion, in contraventionof the section 220 Regulations. Noticemust first be given where the placard orposter identifies the person who displayedit, or caused it to be displayed.

The Clean Neighbourhoods andEnvironment Act 2005 amended section225, introducing powers for localplanning authorities to recover the costsincurred when removing fly-posters. The2005 Act also amended the statutorydefence in section 224 so that the localauthority no longer has to prove that aperson consented to the display of anadvertisement in contravention of theregulations. The only defence now is thatthe advertisement was displayed withoutthe person’s knowledge.

Good practiceFor general information and goodpractice relating to cleansing, see:www.cleanersafergreener.gov.uk

Defra’s Voluntary Code of Practice forReducing Litter Caused by ‘Food on theGo’ can be viewed at: www.defra.gov.uk/environment/localenv/litter/pdf/fastfoodcop.pdf

Guidance on the use of section 215 of the Town and Country Planning Act 1990 is available at: www.odpm.gov.uk/stellent/groups/odpm_planning/documents/page/odpm_plan_034817.pdf

A good practice guide for tackling fly-posting is published by the Office ofthe Deputy Prime Minister (2000), and isavailable at: www.odpm.gov.uk/stellent/groups/odpm_planning/documents/page/odpm_plan_606218.hcsp

ENCAMS produces good practice for landmanagers, see www.encams.org

The Chartered Institution of WastesManagement produces an EnvironmentalCleansing Handbook, for publicationdetails please visit www.ciwm.org.uk

Information on the Flycapture database is available at: www.defra.gov.uk/environment/localenv/flytipping/

The Fly-Tipping Protocol may be viewedat: www.environment-agency.gov.uk/aboutus and follow the links.

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Annex A: Comparisons between code of practice on litter and refuse land usecategories and BV199 land use definitions

BV199 Land use(Correct at the time of going to print. For the latest information visit www.leq-bvpi.com)

COPL&R Land use

11.1 Retail, office andcommercial

Primary retail, office and commercial areasThis land-use includes the main town and city retail, office and commercial centres, as defined in localauthorities’ Area Wide Development Plans. Urban tourist hot spots which are wholly or partially separatedfrom a main town or city retail and commercial centre should also be considered within this category.

Primary Retail and Commercial Areas contain a choice of outlets in a range of different retail andcommercial sectors (such as fashion clothing, financial services, restaurants, bars and entertainments),and will include national and international brand names. Normally, there is also a range of publicfacilities, including libraries, museums, law courts, and places of worship. Rear access roads, serviceroads, car parks and the first 50m of side streets off the primary retail and commercial areas shouldalso be included in this land-use.

Secondary retail, office and commercial areasThis Land-use covers secondary retail, office and commercial areas located outside main city and townoffice retail and commercial centres (but excludes retail park developments, which are included withindustry, warehousing and science parks). Secondary Retail, Office and Commercial Areas must containa minimum continuous retail/commercial frontage of 50 metres.

Secondary Retail, Office and Commercial Areas usually contain a range of facilities that mainly meet the needs of local residents. Most premises contain individual private businesses, sometimes branchesof regional chains (such as bakers) and, occasionally, national brand names. Sometimes, Primary andSecondary Retail, Office and Commercial Areas dovetail into each other, for example a ‘High Street’may be Primary at the Town Centre end, but tail off into Secondary towards the far end. In such cases,assign the land-use class that predominates at that point. Rear access roads, service roads, car parksand the first 50m of side streets off secondary retail and commercial areas should also be included inthis land-use.

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COPL&R Land use

11.2 Housing land

Higher density housingThis Land-use Class includes housing of varying types, for example:

• terraced housing in the inner areas of towns and cities;

• terraced housing in industrial and post-industrial villages (such as mining and quarrying settlements);

• alleyways behind and between housing areas where there is direct access to properties;

• flats and maisonettes with only limited off-street parking on public housing estates;

• semi-detached and short-terraced dwellings with limited or no purpose-made off-street vehicle parking.

Housing areas should be classed as ‘higher density’ if the proportion of dwellings with purpose-madeoff-street parking facilities is less than 50%. ‘Off-street parking’ may include specially formed parkingbays and garage courts located adjacent to the highway, or areas of hard standing on grassed areascomprising engineered cellular concrete blocks designed to provide vehicle parking areas. Higherdensity housing areas can also include occasional small retail premises, offices, manufacturing, andwarehousing sites. .

Lower density social housing areasThis Land-use Class includes all types of lower density social housing estates where purpose-made off-road garaging/parking is provided for 50% or more of the dwellings. Such provision can includefront gardens that have been converted to provide hard standings or extensive garage courts servinghigh-rise blocks of flats that are set amongst landscaped areas.

Where a front garden has been converted for parking, it should only be considered as constituting ‘off-street parking’ if the kerb has been deliberately dropped. This class also includes estates which were originally constructed to provide council or other social housing where tenants have taken up ‘right to buy’ options. Classic council housing estates differ from private housing areas in layout – there tend to be more open spaces and grass verges in council housing areas.

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COPL&R Land use

11.2 Housing land(continued)

For this reason, even where a former council estate has been sold off under ‘right to buy’ legislation, it should still be classified as Lower Density Social Housing. The only exception to this would be if there had been extensive remodelling of the estate to include new building on former open spaces.

Lower density private housing areasThis Class comprises low-density housing developments, which were originally built for privatepurchase, located in urban areas, rural villages, and commuter villages, and which have off-roadgaraging / parking provision for 50% or more of dwellings. Rear access alleyways, car parks and garage courts in low-density private housing areas should also be included in this land-use.

11.3Industrialareas

Industry, warehousing, retail sheds and science parks This Class includes industrial and warehousing developments; out-of-town retail parks (including foodand non-food developments); and science parks (containing offices, laboratories and manufacturingprocesses), which contain land that is owned or managed by the local authority, and which is freelyaccessible to the public. Public roads running through hospital and university campuses should also be included in this category.

11.4 Roads

Main roads (BV199)This Class comprises ‘A’ roads (marked in red and green on 1:50,000 Ordnance Survey Maps) in the following situations:

• Throughout rural areas (except where main roads run through larger settlements containing Primary and Secondary Retail and Commercial Areas and Higher Density Housing Areas);

• In urban areas, except where main roads run through Primary and Secondary Retail and CommercialAreas, or through Higher Density Housing Areas where no selective demolition has taken place (see below);

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COPL&R Land use

11.4 Roads(continued)

• In High Density Housing Areas in urban areas where selective demolition has taken place in order to create a wider, often landscaped, main road corridor;

• In London and parts of the West Midlands, this Class also includes Red Routes that are locatedoutside Primary and Secondary Retail and Commercial Areas.

Rural roads (BV199)This Class comprises all adopted highways that are located outside built up areas and which are nototherwise included in the Main Roads or Other Highways Land-use Classes.

Other highways (BV199)This Land-use Class includes:

• Formal and informal lay-bys on main and rural roads; pedestrian overbridges and underpasses;

• Redway (dual purpose cycleway/footpath – as in Milton Keynes);

• narrow roads within housing areas – often referred to by local names, such as ‘ginnels’, ‘snickets’,‘snickleways’, six-foots’ and ‘ten-foots,’ except where these provide rear access to terraced housing(see Higher Density Housing above). Normally, this type of pathway is adopted and is usually closelybounded by walls and/or other boundary structures.

• The first 50 metres of BOATS, RUPPS and bridleways leading from metalled public highways;

• Redundant highway infrastructure still accessible to the public, including stub access roads to futuredevelopment sites;

Note: ‘Other Highways’ include dedicated cycleways which are separated by distance or by a physicalbarrier from highways that are used by motor vehicles and from other adjacent land uses. For example,where a cycleway crosses a public park, the cycleway should be included as part of the public park.

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COPL&R Land use

11.6 Public openspaces

This Land Use Class includes a wide range of open spaces that are freely accessible to the public andwhich are maintained by a local authority. Sites include parks, picnic sites, canals, lakes, riversides;municipal cemeteries (but not churchyards) and cycleways (excluding cycleways classified as ‘OtherHighways’ – see above).

Note: many canal towpaths are excluded for the purposes of BV199 because they do not compriseRelevant Land for a principal litter authority.

Where the ownership of Recreational Land has been transferred from a Borough or District Council to a Town or Parish Council, this is no longer relevant land for the purposes of BV199, and should beexcluded. However, where Town or Parish Councils only manage land on behalf of the local authority(which retains ownership), then such land remains relevant land and should be included in the BV199 return.

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