Section 91 Of The Environmental Protection Act
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The London Borough Of Hillingdon as the Principal Litter Authority has a statutory duty under section 89 of the EPA (1990) to ensure that the Borough’s public highways and roads, so far as is practicable, are kept clean.  “Practicable” here  means what is physically possible whether or not it is affordable.

If it fails to do so anyone can complain to a Magistrates Court under Section 91 of the Act after giving the Borough  five days notice.

If the court is satisfied that the complaint is justified then they can require the Council to clean the highway in a specified time. If they do not comply the Court can fine them.

The formal notice regarding the A40 presented to the Council on 24th September read as follows:

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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 in the west  (point A on the attached aerial photograph) to a point level with the beginning of the central reservation of the slip road leading up to Swakeleys Roundabout (point B) in the east. A map is attached.
 
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