South Bucks District Council clean up A355 after receiving summons
The highway in question runs north from the roundabout above J2 of the M40, the Beaconsfield turn off, to the junction with the Oxford Road (See on Multimap).
An EPA Section 91 warning notice covering both the roundabout and this section of the A355 was sent to the the South Bucks District Council on 22nd July 2010 .
SBDC cleaned the roundabout (see Beaconsfield case study) but took no action to clean the central reservation of the A355 as shown below.
21st July 2010
27th August 2010
(Click on photos to enlarge)
On 31st August 2010 a complaint for a Litter Abatement Order was therefore lodged with the Wycombe & Beaconsfield Magistrates Court. This was presented with a covering letter, a statement and photographs.
The court eventually produced a summons which I delivered to the South Bucks District Council on 20th September with a covering letter.
On 27th September the Council conned off the adjacent lanes and cleaned the central reservation!!!!
This meant that an Abatement Order was no longer required. The only purpose of the court hearing scheduled for 13th October was for me to claim my costs which the court could award me if they felt that at the time of my complaint the road was defaced by litter and I had reasonable grounds for making a complaint (EPA S91[12] )
27th September 2010
The next day SBDC wrote to say they will defend the proceedings and any claim for costs arguing I did not have reasonable grounds for making my complaint. I replied explaining why I had reasonable grounds and confirmed I would not withdraw my summons.
SBDC agreed on 11October, two days before the hearing, that after all I did have reasonable grounds for bringing my complaint and that they would pay my costs. I therefore wrote to the court withdrawing my complaint
Peter Silverman
1st October 2010
