Designating litter control areas EPA 1990 s. 90
Local authorities can designate land as litter control areas due to refuse damaging amenities, giving affected persons twenty-one days to object.
The Secretary of State may, by order, prescribe descriptions of land which may be designated under subsection (3) below as, or as part of, a litter control area. The power of the Secretary of State to prescribe descriptions of land under subsection (1) above includes power to describe land by reference to the ownership or occupation of the land or the activities carried on on it. Any principal litter authority other than an English county council, a [ regional council] or a joint board may, in accordance with the following provisions of this section, by order designate any land in their area as, or as part of, a litter control area. No order under subsection (3) above designating any land shall be made unless the authority is of the opinion that, by reason of the presence of litter or refuse, the condition of the land is, and unless they make a designation order is likely to continue to be, such as to be detrimental to the amenities of the locality. The power to make a designation order under subsection (3) above shall be excluded from the functions to which section 101 of the Local Government Act 1972 (functions capable of delegation) applies. An authority proposing to make a designation order in relation to any land shall— notify persons who appear to the authority to be persons who will be affected by the proposed order; give them an opportunity to make representations about it within the period of twenty-one days beginning with the service of the notice; and take any representations so made into account in making their decision. A designation order under subsection (3) above shall identify the land to which it applies and shall be in such form as the Secretary of State may by order prescribe.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
Section 90 allows principal litter authorities to designate specific descriptions of land within their area as litter control areas. An order can only be made if the authority considers that litter or refuse on the land damages the amenities of the locality, and that this situation will continue unless the area is designated. The Secretary of State defines which types of land qualify based on ownership, occupation, or the activities taking place there.
Before making a designation order, the authority must notify anyone likely to be affected by it. Affected persons must be given twenty-one days, starting from the day notice is served, to make representations. The authority is required to take those representations into account before reaching a final decision.
This decision-making power is strictly non-delegable. Under section 101 of the Local Government Act 1972, authority functions can normally be delegated to committees or officers, but section 90 explicitly excludes designation orders from those delegation rules.
When it applies
- A principal litter authority proposes designating a privately owned shopping parade as a litter control area because overflowing takeaway packaging constantly blights the surrounding neighbourhood.
- A commercial landowner receives a formal notice of a proposed litter control designation order and needs to submit written objections within twenty-one days.
- A council considers representations submitted by local businesses before determining whether to issue a formal designation order in the prescribed form.
What this section does not say
- Issuing direct fixed penalty notices to individuals caught actively dropping litter.
- Serving a litter clearing notice directly on an occupier to force the immediate removal of existing refuse.
- Imposing general legal duties on local councils to clear litter from public highways.
Related sections
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This page reproduces the text of EPA 1990 s. 90 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.