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From: Peter Silverman [mailto:p@petersilverman.com]
Sent: 22 February 2007 13:21
To: Contact Centre 1 Hillingdon
Subject: Fly tipped rubbish A40

A considerable quantity of rubbish (clearly visible) has been dumped behind the crash barriers on the A40 on the east bound side some yards to the west of the "Welcome To Hillingdon" sign just before the start of the slip road off to the Swakeleys roundabout.  It has been in situ for several weeks.
I would appreciate it if you could:
1. Arrange for its removal
2. Explain what the routine is for cleaning and inspecting this section of the road.
Many thanks

Peter Silverman
20 Kingsend, Ruislip, Middx HA4 7DA
01895 625770

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From: ContactCentre1 ContactCentre1 [mailto:ContactCentre1@Hillingdon.Gov.UK]
Sent: 23 February 2007 15:41
To: p@petersilverman.com
Subject: Re: Fly tipped rubbish A40

Dear Mr Silverman ,
Thank you for your recent e-mail . This has been passed to the Higways Agency Contractor as the council is not responsible for the maintenance of the A40 .
We are the litter agent only and are scheduled to clear the road of litter approximately fortnightly .
 The e-mail address for the Highways Agency Contractor WSP is :
 streets@wspgroup.com
 This contractor deals with all aspects of the maintenance of the A40 including the fabric of the carriageway street lights and signs .
 Please do not hesitate to contact us if we can be of any further assistance .
 Yours Sincerely
 
Christine Busher
Customer Service Advisor
Hillingdon Contact Centre

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From: Peter Silverman [mailto:p@petersilverman.com]
Sent: 24 February 2007 10:09
To: 'ContactCentre1 ContactCentre1'
Subject: RE: Fly tipped rubbish A40

Christine, which officer  has told you this?

Peter Silverman
20 Kingsend, Ruislip, Middx HA4 7DA
01895 625770
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From: Christine Busher [mailto:CBusher@Hillingdon.Gov.UK]
Sent: 26 February 2007 10:17
To: p@petersilverman.com
Subject: RE: Fly tipped rubbish A40

Dear Mr Silverman ,
The Street Cleansing Supervisor for this area of the borough confirmed the fortnightly scheduled litter clearance . This will however always be cleaned between in response to requests from residents should the situation warrant it .
Regards
 
Christine
-----------------------

From: Peter Silverman [mailto:p@petersilverman.com]
Sent: 26 February 2007 18:47
To: 'Christine Busher'
Subject: RE: Fly tipped rubbish A40

Christine, thanks for that.
But who advised you that fly tipped rubbish was a maintenance issue and hence was the responsibility of WSP Group?

Peter Silverman
20 Kingsend, Ruislip, Middx HA4 7DA
01895 625770
-----------------------

From: Christine Busher [mailto:CBusher@Hillingdon.Gov.UK]
Sent: 27 February 2007 13:54
To: p@petersilverman.com
Subject: RE: Fly tipped rubbish A40

Dear Mr Silverman ,
 Fly tipped rubbish is a Street Cleansing issue and the council is the litter agent only . All other matters are the responsibility of the Highways Agency .
 Regards
 
Christine
-----------------------

From: Peter Silverman [mailto:p@petersilverman.com]
Sent: 06 March 2007 12:41
To: 'Christine Busher'
Cc: Cllr Philip Corthorne(Cab. Mem. Housing)
Subject: Fly Tipped Rubbish on A40 - follow up

Christine, I am sorry to be such a pain with another e-mail.  But look on the bright side - with people like me around you will never be out of work.

1.  In your e-mail of 23rd Feb, referring to my report of fly tipped rubbish in the A40, you said:
"Thank you for your recent e-mail . This has been passed to the Highways Agency Contractor as the council is not responsible for the maintenance of the A40"
I assume this was passed in the form of a forwarded e-mail. If so, can you please let me have a copy, preferably  in the form of an e-mail attachment. 

2.  In my e-mail of 26th Feb I said:
"Christine, thanks for that.  But who advised you that fly tipped rubbish was a maintenance issue and hence was the responsibility of WSP Group?"
You replied on the 27th Feb saying:
"Dear Mr Silverman, Fly tipped rubbish is a Street Cleansing issue and the council is the litter agent only . All other matters are the responsibility of the Highways Agency . 
Regards  Christine"
This, as I am sure you appreciate is not an answer to the question I posed.  I would most grateful therefore  if you could re-visit my e-mail of 26th and either (a) answer the question I posed i.e. give the name and position of the officer concerned or (b) explain why this is not possible.

3. In addition could you please let me know who advised you to answer my e-mail of 26th in the way you did.

Peter Silverman
20 Kingsend, Ruislip, Middx HA4 7DA
01895 625770

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From: ContactCentre1 ContactCentre1 [mailto:ContactCentre1@Hillingdon.Gov.UK]
Sent: 06 March 2007 16:36
To: p@petersilverman.com
Subject: Fwd: Fly tipped rubbish A40

Dear Mr Silverman ,
 As requested this is the e-mail which was raised when I forwarded your comments to WSP Civils the Highways Agency .
 Regards
 
Christine
 

    From: ContactCentre1 ContactCentre1 [mailto:ContactCentre1@Hillingdon.Gov.UK]
    Sent: 23 February 2007 15:31
    To: streets@wspgroup.com
    Subject: Fwd: Fly tipped rubbish A40

    May i please pass this e-mail to you for action and an informed response to Mr Silverman ?
    Thank you
    Regards
     
    Christine Busher
     

    From: Peter Silverman [mailto:p@petersilverman.com]
    Sent: 22 February 2007 13:21
    To: ContactCentre1@Hillingdon.Gov.UK
    Subject: Fly tipped rubbish A40

    A considerable quantity of rubbish (clearly visible) has been dumped behind
    the crash barriers on the A40 on the east bound side some yards to the west
    of the "Welcome To Hillingdon" sign just before the start of the slip road
    off to the Swakeleys roundabout.  It has been in situ for several weeks.
    I would appreciate it if you could:
    1. Arrange for its removal
    2. Explain what the routine is for cleaning and inspecting this section of
    the road.
    Many thanks

    Peter Silverman
    20 Kingsend, Ruislip, Middx HA4 7DA
    01895 625770

-----------------------

From: Christine Busher [mailto:CBusher@Hillingdon.Gov.UK]
Sent: 06 March 2007 16:48
To: p@petersilverman.com
Subject: Re: Fly Tipped Rubbish on A40 - follow up

Dear Mr Silverman ,
 As a Senior Customer Service Advisor I have been dealing with correspondence from members of the public for some time . It was my decision to answer the e-mail in that way because I have always known the relevant areas of responsibility relating to this issue .It would not have been possible to name a specific officer as I was reiterating my knowledge relating to this incident  and had not needed to consult with anyone . WSP are the contractors for the Highways Agency who are responsible for incidents of flytipping on the A40 .
 Yours Sincerely
 
Christine Busher
 
 -----------------------

From: Peter Silverman [mailto:p@petersilverman.com]
Sent: 19 March 2007 14:54
To: Christine Busher(LBH Contact Centre)
Cc: Cllr Philip Corthorne(Cab. Mem. Housing); Stephen Richardson (TfL Street Management)
Subject: A40 Fly tipped Waste - for info

Christine, thank you for explaining the division of responsibilities in this matter and for passing on a report to WSP Group, the contactors for the Highways Authority (or should this be TfL?) whom you said were responsible for clearing fly tipped waste as opposed to litter from the A40.
The material in question has still not been removed. This is almost a month after my reporting the matter.
I have spoken to Scott Meehan of WSP Group and he, in effect, said that they are not responsible for dealing with fly tipped waste which he says is why your e-mail would not have been actioned.
I have subsequently spoken to Steve Richardson, a Senior Engineer at TfL, and he is going to look into the matter and get back to me.  While confirming that clearing the main roads, such as the A40, of litter is the responsibility of the London Boroughs he was not sure how fly tipped material was dealt with.  He has promised to get back to me and I will keep you posted.
There is no need to reply to this.

Peter Silverman
20 Kingsend, Ruislip, Middx HA4 7DA
01895 625770
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From: Peter Silverman [mailto:p@petersilverman.com]
Sent: 25 March 2007 17:07
To: Philomena Bach (LBH)
Cc: Cllr Philip Corthorne(Cab. Mem. Housing); Nick Hurd (MP For Ruilsip Northwood); Stephen Richardson (TfL Street Management)
Subject: Fly Tipped Rubbish On A40

Ms Bach, I would be grateful if you could give this matter your personal attention as it relates to an impasse between LBH and TfL.

On 22nd Feb I e-mailed the contact centre to say "A considerable quantity of rubbish (clearly visible) has been dumped behind the crash barriers on the A40 on the east bound side some yards to the west of the "Welcome To Hillingdon" sign ..."  It had in fact been there for months.

I was informed that this was a "maintenance" matter and the responsibly of Highways Agency Contractor, WSP. The Call Centre had e-mailed WSP with a copy of my e-mail asking them to deal with the fly tipping.

I contacted Scott Meehan, the WPS Borough Manager for Hillingdon, who said they were contractors for TfL (who I gather do the job of the Highways Agency in London) but did not follow up on reports of fly tipped waste as they felt it was not in their remit.

I subsequently got in touch with Steve Richardson, a Senior Engineer at TfL. He said that: "TfL only deal with tipping if it becomes a safety hazard, i.e. tipped on a live lane or blocking a footpath causing pedestrians to walk on the carriageway otherwise this is the responsibility of the Local Borough under their EPA duties."

I visited the site this morning and the waste was still in situ and I guess will stay there indefinitely unless  LBH and TfL can agree a common approach.

I am going away tomorrow until April 13th and would appreciate it if you could speak to Steve Richardson to resolve the matter. Please copy me in on any related correspondence.

In addition to this fly tipped waste the whole of the surrounding area (along the road behind the barrier and down the landscaped embankment) is very badly litter.  The impression gained is that the Council litter pickers do not venture this far west along the north bank of the A40.  The cleaning regime for this stretch of the A40 roadside needs to be improved as it is invariable in bad state.  Not a very good advert for anyone entering the Borough.

Peter Silverman
20 Kingsend, Ruislip, Middx HA4 7DA
01895 625770

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From: Colin Russell [mailto:CRUSSELL@Hillingdon.Gov.UK]
Sent: 12 April 2007 09:19
To: p@petersilverman.com
Cc: ESGMembersEnquiries; Philomena Bach; Cllr Philip Corthorne
Subject: Re: Fly Tipped Rubbish On A40

Dear Mr Silverman,
 
Firstly, thanks for reporting the fly tipping and the need to litter pick this stretch of the A40. 
 
The litter has been removed and the area added to our A40 programme.  In addition, the bulky items (minor fly tipping) has also been removed.  However, some of the heavy material which has certainly been left for a considerable time following maintenance work, remains on site.  In order to remove this I need to arrange for a grab vehicle to operate from the near side lane of the A40 and this requires partial lane closure and the use of large trailer board signs.  
 
I will make the necessary arrangements over the coming weeks, in order to conclude the matter.
 
For information, the situation with regards to fly tipping on the A40 is exactly as described by Steve Richardson of TfL.
 
Colin Russell
Manager - Waste Division
London Borough of Hillingdon
(Tel) 01895 - 250034
(Fax) 01895 - 250013
(e-mail) crussell@hillingdon.gov.uk

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From: Peter Silverman [mailto:p@petersilverman.com]
Sent: 04 May 2007 14:02
To: Philomena Bach (LBH)
Cc: Cllr Philip Corthorne(Cab. Mem. Housing); Nick Hurd (MP For Ruilsip Northwood); Mike Heywood (LBH Cabinet Member Planning & Transport); Sandra Jenkins (LBH Cabinet Member Environment))
Subject: TfL Maintained Roads

Ms Bach,
Please refer to my e-mail to you of 12th April and Colin Russell’s reply of 12th April.
Mr Russell accepts that the removal of fly tipping on the roads maintained by TfL is the responsibility of LBH.
Why then has the call centre being referring such incidents on to TfL’s  maintenance contractors who quite understandably have been ignoring them?
Has the call centre now been given revised instructions regarding how such incidents should be dealt with?
If so could you please let me have a copy.
 
Mr Russell says the area (landscaped embankment on A40) has now been added to “our A40 programme”.
This implies that the area was not being routinely cleaned by LBH in direct contravention of its duties under the EPA.
Are there any other areas alongside TfL maintained roads (GLA Roads) in the Borough which are not on LBH’s cleaning programme?
 
As the whole issue of the cleaning of GLA roads seems to be is some disarray I believe it should be looked into by senior management.
I would appreciate your comments.
Peter Silverman
20 Kingsend, Ruislip, Middx HA4 7DA
01895 625770
-----------------------

From: Peter Silverman [mailto:p@petersilverman.com]
Sent: 18 May 2007 12:18
To: Philomena Bach (LBH)
Cc: Cllr Philip Corthorne(Cab. Mem. Housing); Nick Hurd (MP For Ruilsip Northwood); Sandra Jenkins (LBH Cabinet Member Environment)); Keith Burrows (LBH Cabinet Member Planning & Transport)
Subject: RE: TfL Maintained Roads

I am concerned that I have not received any response from you to my e-mail of 4th May (see copy below).
Could you please indicate when I can expect an reply.

Peter Silverman
20 Kingsend, Ruislip, Middx HA4 7DA
01895 625770
-----------------------

From: Kathryn Sparks [mailto:KSparks@Hillingdon.Gov.UK]
Sent: 21 May 2007 19:15
To: Peter Silverman
Subject: Re: Fwd: TfL Maintained Roads

Dear Mr Silverman,
 
Following your email regarding cleansing of the A40 I have spoken to the relevant officers in the Waste Division.  The working arrangements between TfL and the Authorities can be complex.  However, I should stress that the relationship between Hillingdon and TfL is very good. 
 
To clarify, fly tipping on the carriageway which warrants emergency works is carried out by TfL.  Fly tipping, litter clearance, etc, on the landscaped verges is the responsibility of, and removed by, the local Authority.  This arrangement would not allow for maintenance work to be carried out and contractors to simply "dump" their rubbish on the verge. 
 
I will ensure the Contact Centre are aware, and if as is often the case, vague locations are given, would ask that Waste Division officers clarify the responsibility issue should the need arise.
 
The specific section of the A40 referred to in your earlier email was missed in error on the last litter pick.  You will be aware that the EPA is designed around maintaining standards of cleanliness and response times to clear litter, etc, as opposed to pre-determined scheduled cleaning.
 
The cleaning of TfL roads is certainly not in disarray on the stretches passing through Hillindgon and this Authority gives considerable resources to the cleansing of these routes.
 Should you have any further issues in relation to this stretch of road please contact me .

Kathy Sparks
-------------------------

Mr Hugh Dunnachie
Acting Chief Executive
London Borough Of Hillingdon
Civic Centre
Uxbridge
Middlesex
UB8 1UW

TAKE NOTICE that I Peter Silverman of 20 Kingsend Ruilsip, Middlesex, HA4 7DA, claim that the highway described in the schedule hereto is relevant highway under the Environmental Protection Act 1990.

AND TAKE NOTICE that the London Borough Of Hillingdon as the principal litter authority have failed to keep the highway described clean.

AND TAKE NOTICE that as I am aggrieved by the want of cleanliness of this highway I am giving you five days notice as required by s 91 para 5 of the Act that I intend to make a complaint to the Magistrates Court under s 91 of the Act for an order to require you to clean the highway.

24th September 2007


Peter R Silverman


Schedule

The north side of the section of the A40 from the border with Buckinghamshire  (point A on the attached map) to beginning of the slip road leading up to Swakeleys Roundabout (Point B).
 


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