Decision Maker: Executive Councillor for Climate Action and Environment
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
Purpose:
To delegate to South Cambridgeshire District Council the authority to prosecute “A” under the Environmental Protection Act 1990 in relation to offences relating to the unlawful disposal of waste.
Decision:
Delegation
to South Cambridgeshire District Council pursuant to the Local Authorities
(Arrangements for the Discharge of Functions) (England) Regulations 2000
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Decision
of:
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Executive
Councillor for Environmental and Waste Services, Cllr Swanson
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Reference:
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13/URGENCY/ENV/5
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Date
of decision:
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13/12/13
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Recorded
on:
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13/12/13
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Decision
Type:
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Non-Key
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Matter for Decision:
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To delegate to South Cambridgeshire District Council the authority to:
1. Prosecute “A” under the Environmental
Protection Act 1990 in relation to offences relating to the unlawful disposal
of waste (see attached Confidential Report)
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Why the decision had to be made
(and any alternative options):
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Background
South Cambridgeshire District Council (SCDC) has recently investigated
the unlawful deposit of waste in its area.
SCDC is intending to prosecute the person responsible (“A”) for
failing to dispose of the waste to an authorised person or alternatively to an
authorised carrier.
During the course of their investigation, SCSC officers became aware
that City Council officers had also investigated a similar offence committed
by “A” in relation to waste unlawfully deposited
within the City, and that the City Council were intending to prosecute.
As the offences are closely related, the delegation to SCDC will
enable them to summons “A” for both offences before the Magistrates at the
same time so that the cases can be dealt with together.
Powers
The City Council has power under the Local Authorities (Arrangements
for the Discharge of Functions) (England) Regulations 2000, regulation 7, to
delegate the function, which would enable South Cambridgeshire Council to
make enforcement decisions and to take such action under the delegation as
they consider appropriate.
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The Executive Councillor’s decision(s):
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Pursuant to regulation 7 of the Local Authorities (Arrangement for the
Discharge of Functions) (England) Regulations 2000, the Executive Councillor delegated
to South Cambridgeshire District Council the power to prosecute “A” under the Environmental Protection Act
1990 in relation to offences relating
to the unlawful disposal of waste.
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Reasons for the decision:
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These are
explained above.
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Scrutiny consideration:
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The Executive Councillor and Spokesperson were consulted prior to the decision being made.
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Report:
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See attached confidential
briefing note.
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Conflicts of interest:
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No conflicts of interest were declared by the Executive
Councillor.
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Comments:
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THE ATTACHED REPORT IS NOT FOR PUBLICATION: The
report relates to an item during which the public is likely to be excluded
from the meeting by virtue of paragraph 7 of Part 1 of Schedule 12A of the Local
Government Act 1972. Information relating to any action taken or to be taken
in connection with the prevention, investigation or prosecution of crime.
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Publication date: 13/12/2013
Date of decision: 13/12/2013