Fly-tipping Enforcement Policy
2. Guiding Principles of Legislative and Regulatory Enforcement
The council is committed to the principle of good enforcement as set out in the Legislative and Regulatory Reform Act 2006 and believes that the purpose of enforcement action should be to achieve compliance with legislation enforced by the council. The council believes that the majority of businesses, individuals, consumers and residents of Buckinghamshire wish to comply with the law. The aim of this Policy is: -
- to protect those businesses, individuals, consumers and residents from unlawful activity,
- to work with them to promote economic growth in Buckinghamshire, and
- to ensure that the small number of businesses and individuals who intentionally or repeatedly engage in unlawful activity are subject to appropriate enforcement activity.
The Council will deliver regulatory services in a way which is: -
- Transparent: the council will give advice and information in plain language and ensure that those it regulates are able to understand what is expected of them. The council will distinguish between legal requirements and good practice recommendations
- Accountable: the council's activities will be open to public scrutiny, with clear and accessible policies, and a fair and efficient complaints procedure
- Consistent: the council will carry out its duties in line with relevant service standards where possible and will endeavour to ensure that enforcement action is applied consistently within Buckinghamshire and, where appropriate, in similar ways to other local authorities
- Proportionate: Enforcement activities will reflect the risk and harm in particular to the environment, alongside victims (whether to businesses, individuals, consumers and residents of the area or the wider community) and will reflect the seriousness of the breaches and any previous action taken by the council or any other organisation
Our primary objective is to secure legislative and regulatory compliance. The council aims to use the most appropriate approach from the available enforcement responses. Those responses will range from advice and guidance through to litigation depending on the individual circumstances of the breach. The Council will target its enforcement activity based on threat, risk, harm and intelligence information in order to address those areas causing greatest detriment or concern to businesses, individuals, consumers, residents and other users of services in the area, or which address national priorities impacting on these groups.
Where a business or an individual is found to be in breach of legislation the council will work with that business or individual and any other person to put right the problem. However, it is recognised that, in the majority of cases, formal enforcement action will be taken.
In exceptional circumstances, or where required by legislation, the council may depart from this Policy. Any decision to do so will be properly rationalised, based on the evidence and fully documented.