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3.1 Access to Environmental Information
What you can expect
You have a right of access to;-
EXAMPLES OF REGISTERS OF ENVIRONMENTAL INFORMATION
The registers are normally kept at the main council offices. It will save time if you telephone first to check where the registers which interest you are kept, and to give advance notice that you would like to look at them.
Other environmental information
You have a right to request other environmental information and your council must:-
You should not expect your council to give you information about individual
firms and businesses which they have been given in confidence.
Your council can make a reasonable charge for the cost of supplying information,
although inspection of public registers is free.
Good council practice: displaying lists of public registers
kept and individuals to contact in main council reception areas and at department
and area offices; in addition to making its registers readily accessible, good
councils will be willing to meet local community groups to discuss any concerns.
You can help by: being as specific as possible about the environmental
information which interests you and putting more complicated requests for information
in writing
3.2 Air Pollution Control
This section explains your council's role in controlling and monitoring air pollution. Measures which regional councils can take to minimise air pollution from road traffic are outlined in Section 3.14.
Industrial Processes
Her Majesty's Industrial Pollution Inspectorate (Scotland) (HMIPI) and the
river purification authorities (RPAs) deal with air, water and waste pollution
from larger industries, such as power plants and oil refineries. (See Section
5 for addresses and telephone numbers.)
Your council also controls air pollution from many industrial processes, for
example small incinerators, foundries and printing works. Environmental health
officers are usually responsible for these services. They also control smoke
from houses (see Section 3 9).
Many industrial processes must be authorised by your council before they con
operate. It also has responsibility for regulating dark smoke, grit and dust,
for example from factory chimneys or burning of rubbish or plastic coated cable
on open land.
What you can expect
You have a right to know what air pollution controls exist for industrial premises
in your area. Your council must keep a public register of applications and authorisations.
You can check the register, free of charge, during working hours at the council's
office. It will show what the operator must do to minimise pollution. You can
get copies of authorisations but you may be asked to pay a small charge.
You have the right to comment to your council on local applications which will
be considered for authorisation. These will be advertised in your local paper
and you should send in any comments within 28 days. Your council must consider
your comments before deciding on the authorisation.
You also have a right, under the planning system, to comment on the siting of
new factories or buildings. (See Section 3.11.)
Air Pollution Monitoring
Your council can investigate and carry out research into air pollution in your area and publicise the results.
Good council practice: Monitoring local air pollution and
keeping the public informed about air quality via local press and radio; responding
immediately to complaints about serious incidents of pollution.
You can help by: telling your council if you think that there
is an air pollution problem and providing a detailed description of it.
3.3 Beaches
This section explains what your council can do to keep beaches free from litter, oil pollution and nuisances caused by unsociable behaviour; to monitor bathing water quality; and to limit the effects of coastal erosion.
What you can expect
Your council should make sure that beaches which are regularly used are kept free from litter (including dog mess) between May and September. If you are concerned about litter on a beach ask your council to explain the litter control standards which apply. (See Section 3.8)
Good council practice: applying litter controls to popular
beaches and ensuring that beaches are restored to standard within 24 hours in
summer.
You can help by: making sure that you do not leave litter behind
on the beach.
Pollution clean-up
Your council has emergency powers to tackle oil pollution incidents on beaches and to recover and dispose of any hazardous items, such as drums of chemicals or explosives, which may be washed ashore.
Good council practice: having a regularly updated and tested
plan for dealing with emergencies.
You can help by: reporting any suspicious items immediately to
the emergency services or your council.
Bathing Water Quality
Water quality at popular beaches is regularly tested by your River Purification Authority (RPA) (see Section 5). The testing, from May to September each year, shows whether the bathing water meets the standards set by the European Community. These results are sent to your council.
What you can expect
You have the right to know the standards and results of the tests carried out by your RPA. The information is held on public registers at RPA offices. (See Section 5)
Good council practice: displaying the main results of bathing
water quality tests in prominent positions and keeping the information up-to-date.
You can help by: bringing pollutants such as oil cans and litter
ashore, after sailing.
Nuisances on beaches
Councils can also make byelaws to stop nuisances and prevent danger, obstruction or annoyance to people using the seashore. For example, these powers may be used to set speed limits for boats close to beaches or ban dogs from some beaches.
Good council practice: providing clear displays of any byelaw
restrictions and of any special zones set aside for sports.
You can help by :behaving responsibly and ensuring that your behaviour
does not cause a nuisance to others.
Coastal Erosion
This section tells you what you can do, and who can help you, to prevent erosion by the sea from damaging your property.
What you can expect
Your regional or islands council has powers to protect any land against erosion by the sea. It will not, however, compensate you for damage caused by erosion. You will have to take out insurance against this.
Good council practice: identifying areas at risk from erosion
by the sea and considering schemes to prevent erosion where these are practicable.
You can help by: having your property adequately insured against damage
by erosion.
3.4 Dog Nuisance
This section explains what you can do about problems with stray or dangerous dogs and dog mess.
What you can expect
Dog Control
Dogs can be dangerous if they get out of control. If you consider any dog is
a danger to public safety you should contact the police. Your local authority
dog warden may also be able to help.
If there is an area where dogs are often a nuisance, you should tell your council,
It can make byelaws to keep dogs on leads in particular areas or to ban dogs
from places such as children's playgrounds.
Stray Dogs
Your council must collect stray dogs and accept a stray if taken to the appropriate
collection point. You have a right to the return of your dog if you claim it
within 7 days but the council may charge for the cost of keeping it plus a surcharge
of up to £25 . Stay dogs may also be picked up by or taken to the police.
If you do not claim your dog the council has the right to find it a new home,
but if this proves impossible the dog may be put down.
Dog Mess
Under the provisions of the Civic Government (Scotland) Act 1982, it is an
offence for a person to allow a dog to foul in certain public places. Such an
offence is punishable on summary conviction by a fine of up to £500.
Your council must clean up dog mess from its parks except where there is rough
ground or woodland or where there are grazing animals. It must also clear up
dog mess from streets, pavements and beaches. If the council fails to do this
you can take the matter up direct with it or via your local councillor or the
council's designated monitoring officer.
Barking Dogs
Section 9 Provides advice on how to deal with noise nuisance, including barking dogs.
Good council practice: ensuring that all unwanted stray dogs
are neutered before being re-homed; providing disposal facilities such
as litter bins, free dog scoops and plastic bag dispensers in dog walking areas.
You can help by :being a responsible dog owner and keeping your
dog under proper control.
3.5 Drainage
This section sets out your rights as a householder to drainage services. Your drain will probably be connected to a public sewer. Your regional council keeps maps of public sewers which you may inspect free of charge.
What you can expect
You have a right to be connected to a public sewer, subject to the agreement
of the regional council. (It may be unable to connect you if you are too far
from a sewer.) If you have a problem with the public sewer you should contact
your regional council which is responsible for its maintenance.
You are responsible for your own drains up to the point where they join
the public sewer, generally the boundary of your property. If these are blocked
it is your responsibility to get them unblocked, or if you are the tenant, you
should tell your landlord. If your neighbours' drains are blocked, they should
clear them. If they do not, you can complain to the environmental health department.
If your drains empty into a private cesspool or septic tank, you may
ask your regional council to empty the tank. You may be charged for this service.
Good council practice: arranging for your septic tank to be
emptied once a year free of charge; providing publicity material discouraging
the disposal of material which might block drains or sewers.
You can help by: not putting anything down the drain which is
likely to cause blockage, damage or pollution, for example disposable nappies.
3.6 Drinking Water Quality
Regional and islands councils as water authorities are responsible for providing and maintaining public water supplies and for ensuring that these meet the necessary quality standards. This section explains what you can do if there is a problem.
What you can expect
Water supplies must meet strict standards covering health, taste and appearance.
Your council's environmental health department should check the quality of your
water supply and let the water authority know about any significant problems.
You can find out about the quality of drinking water in your area by inspecting
the public register kept by the water authority. This service is free but you
may be asked to pay a small charge if you want a copy of any part of the register.
Some people get their water from private supplies. Your council is responsible
for monitoring the quality and can require any necessary improvements to be
made. Your council is also required to make information available on private
water supplies, and may charge for doing so.
Lead in water can be a health hazard. If there is lead plumbing within your
property you may be able to get a grant from your council towards the cost of
replacement.
Good council practice: carrying out sampling and testing promptly
to investigate problems; maintaining a public register of private water
supplies.
You can help by: informing your council if you think there is
a problem with the quality of your drinking water.
3.7 Flood Control
This section tells you what you can do, and who can help you, to prevent flood water from rivers or the sea damaging your property.
What you can expect
Your regional or islands council has powers to act to prevent or reduce flooding
of non-agricultural land. It will not, however, compensate you for damage caused
by flooding. You will have to take out insurance against this risk.
Your River Purification Authority has powers to install and operate flood warning
systems to assist local emergency services.
Good council practice: identifying areas at risk from flooding
and considering whether flood prevention can be achieved at reasonable cost;
having procedures to assist the emergency services in flood events.
You can help by: having your property adequately insured against
damage by flooding.
3.8 Litter
This section tells you what you can do about litter and keeping the streets clean.
What you can expect
Councils and other public bodies must meet the standards of
cleanliness set out in the Code of Practice on Litter and Refuse produced by
the Government which can be bought from HMSO bookshops.
You should enjoy clean streets, parks and open spaces and your council must
ensure that such places are kept clean. It must also ensure that land in its
ownership is kept clear of litter and refuse. Other public bodies (like British
Rail and Government departments) have a similar duty as do schools and colleges.
These are some examples of how quickly you can expect action in different types
of area:
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Maximum time to remove
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| Type of area |
Predominantly free of litter and refuse apart from a few small items
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Widespread distribution of litter and refuse with minor accumulations |
Heavily littered with significant accumulations |
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Busy places. Like Shopping centres and main railway stations |
6 hours
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3 hours
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1 hour |
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Streets with flats or Terraced houses; busyparks |
12 hours
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6 hours
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3 hours
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| Streets with detached or semi-detached |
Regularly swept
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12 hours
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6 hours
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Your council can tell you which standard applies to your street or park. It
can also be asked to explain the standards for areas like beaches.
Your council can act in a number of ways to tackle problems caused by litter
on privately owned areas. For example, it may be able to declare "litter control
areas" or issue "street litter control notices" which will ensure that unsightly
areas are tidied up. It may also run a fixed penalty scheme to discourage litterers.
You should contact your council if you think that there is a litter eyesore
which requires action of this kind.
Good council practice: providing a dedicated telephone "hot-line"
for cleansing complaints; Working with local groups to promote clean-up
campaigns.
You can help by: informing your council about litter eyesores and
ensuring that you do not drop litter.
3.9 Noise and Other Nuisances
This section explains how your council can help if someone (or their land or premises) is causing you health problems or spoiling your enjoyment of your home or property.
What you can expect
Sometimes serious problems are caused by:
In most cases your council can take action where the problem affects health
or spoils the enjoyment of your home or property. This is known as a "nuisance".
If it decides that there is a nuisance, it has to serve the person responsible
with a legal notice. This tells the person to remedy the problem. If this does
not succeed, your council can ask the Sheriff Court to enforce the notice, or
take action itself to limit or solve the problem and recover any costs incurred.
Under certain legislation you can apply to the Sheriff Court to ask for an order
to stop noise nuisance. You can do this yourself, but you may wish to obtain
advice from the Citizens' Advice Bureau or from a solicitor.
You may also seek help from the police who have powers to deal with some forms
of noise nuisance. In some cases, they may be able to confiscate the equipment
which is causing a nuisance.
As a last resort, you can take a private legal action against the person responsible
for the nuisance. This may be expensive because of the legal costs involved.
Other ways to tackle nuisance:
Special rules apply to tackling air pollution (see Section 3.2).
You can ask your council to include restrictions (for example on noise) when
it gives planning permission for a new development or a change of use for existing
premises. The council can enforce these restrictions (see Section 3.11).
Public entertainment, take-away food shops or street trading are normally licensed
by your council's Licensing Committee. Check when the Committee is next due
to meet and ask it to consider your comments before approving the licence for
premises which are causing offence.
Good council practice: responding within 24 hours of receipt of complaint;
advising complaints in writing of measures being taken and subsequent outcome.
You can help by: trying to ensure tat your behaviour does not disturb
others: informing your council if you think there is a problem.
3.10 Pest Control
This section sets out what your council, through the environmental health department can do if you are troubled by rats, mice, birds, wasps, feral cats or other kinds of pests, including cockroaches, bugs and other insects. Your council should ensure that the neighbourhood is kept reasonably free from pests.
What you can expect
If you find pests on your own property you must take steps to ensure that they
are removed. Many councils operate pest control services, but some make a charge.
There are strict controls on the chemicals which a council may use to destroy
pests to ensure that human health is not endangered.
You have a right to complain to your council if your neighbour refuses to clear
up a problem of infestation by pests. If you suspect there are pests on neighbouring
property you should first speak to the owner or tenant. If no action is taken
you can alert your council. It can inspect the property and act to clear up
the problem.
Your council must keep pest infestations under control on its own property.
Tell your council if you suspect there are pests in council property.
Good council practice: providing an identification and advice
service to the public: providing environmentally friendly schemes to
deal with bee removal.
You can help by: dealing promptly with minor pest problems on
your own property and informing your council quickly about more serious infestations.
3.11 Planning
Land use planning is now one of the most important ways of looking after the environment for the longer term. This section explains how you can participate in developing the plans for your area. It also briefly explains your rights in relation to proposals for new buildings and changes of use. More details are available from the model Development Control Charter issued by the Convention of Scottish Local Authorities and the advice on good practice in Development Control issued by The Scottish Office. (See Section 5).
What you can expect
Your council is responsible for most planning functions and is required to
produce and to review development plans, on which the public must be consulted.
If objections are made which cannot be resolved there may have to be a public
local inquiry at which you can present your views. Any proposals for development
must also be notified to adjoining owners so that neighbours are made aware
of any possible changes.
Your council makes decisions on most new planning applications. In considering
these it must take account of the policies set out in development plans and
any views expressed by the public. It must keep a public register of planning
applications which you are entitled to see.
Your council can also act when the planning rules are broken and has powers
to order the demolition of buildings built without planning permission and to
stop unauthorised activities.
Planning applications for certain developments likely to have significant effects
on the environment must be accompanied by an environmental statement. This assesses
the projects likely environmental effects. You can see the environmental statement
at your council's offices or the developer will let you have a copy. Your council
must take the statement into account and any comments on it in considering the
planning application.
If you are considering building or extending your home, you should first speak
to your local council. Not all developments require planning permission and
the council will be able to give you advice on how to proceed. It can also provide
you with a copy of the "Householder's Guide to the Planning System". If your
council turns down your planning application, or fails to consider it within
2 months (unless you both agree to an extension) you are entitled to seek a
decision from the Secretary of State.
Good council practice: providing ready access to information
on planning applications; notifying planning decisions promptly to anyone
who has commented
You can help by: checking with your council about the need for
planning permission before carrying out alterations to your home and responding
promptly to requests for information on your planning application.
3.12 Recycling
The Government has set a target of recycling half of Britain's recyclable household waste by the year 2000. This section explains your council's duties for recycling.
What you can expect
Your council must prepare and regularly review a local recycling plan. The
plan must include information about how much refuse the council expects to collect
and how much it intends to recycle. The local plan for your area will normally
be kept at the main council offices. You have the right to see this free of
charge. If you want to keep a copy you may be charged a fee.
Your council can require you to separate out rubbish for recycling and put it
in separate containers.
Good council practice: publishing advice on what can be recycled;
providing local collection facilities such as bottle/paper banks.
You can help by: reusing articles such as shopping bags, buying
recycled products and recycling glass, paper, aluminium cans, textiles and plastic
where possible.
3.13 Refuse Collection
This section tells you about your rights to have different kinds of rubbish collected.
What you can expect
You have a right as a householder for your everyday rubbish to be collected
free of charge (unless you live in a very isolated area and the council thinks
that the cost of collecting it would be too high). The council must tell you
when and where to put your rubbish out for collection.
The council must also collect other rubbish from your home, like old sofas and
fridges, medical waste or waste from the garden, but may charge for that service.
It should tell you exactly what it will take away free and what you will have
to pay for. It will also be able to provide advice on any special arrangements
for uplifting particular types of rubbish or waste.
Councils must collect rubbish from offices and shops if they are asked to do
so, but they must charge for these collections unless they think there is a
good reason for not doing so. Businesses must store and dispose of their rubbish
responsibly in accordance with a strict "duty of care". Failing to obey the
duty of care is a criminal offence for which a substantial fine can be imposed.
You should let your council know if you think anyone may be breaking the law.
Good council practice: responding promptly to complaints about
missed collections; arranging for uplift of bulky items within 7 days
of a request.
You can help by: preventing your waste from being spilt or scattered
by packing it securely and keeping it safe until the day it is due to be collected.
3.14 Roads, Traffic Management and Parking
This section explains what to do if you have a complaint about anything to do with roads. Your regional or islands council is generally responsible for the upkeep of roads and pavements and for co-ordinating roadworks in public roads. It may give directions to utilities (gas, water, electricity etc) about the timing of their roadworks (apart from emergency works).
Roadworks
What you can expect
If roadworks are causing you difficulties you should speak to a representative of the company carrying out the work. If your problem cannot be resolved, your regional council may be able to help in the following cases:-
Your regional council is responsible for ensuring that toads and footpaths/footways
are safe to use. It can also take action to improve roadsigns, street lighting,
and road drainage, Let your regional council know if you are concerned about
damaged or icy pavements or roads or if you think that there are danger spots.
You may be able to claim compensation from your regional council if you suffer
injury or damage to your property as a direct result of poorly maintained roads
or pavements. If your property is affected by traffic noise from a new or altered
road you may be eligible for compensation or assistance and you should contact
your regional council for advice.
Finally, you have a right to use roads, footpaths and footways freely. Anything
left on them is called an "obstruction". Contractors or individuals must apply
to the regional council for a permit before leaving a builder's skip (which
must be properly lit at night) in the road or street. Similarly, written permission
must be obtained before scaffolding can be erected on a road, footpath or footway.
Street traders must also have a licence from the district council before they
can set up a stall. If you believe that any of these are causing a problem let
your council know.
Good council practice: informing local residents and shopkeepers
of impending footway works and major road works; carrying out regular
inspection and repairs of all their roads, pavements, signs, lighting and drainage.
You can help by: promptly reporting any dangerous conditions or
potentially dangerous obstructions such as potholes. Some Regional Councils
operate freephone numbers for this purpose.
Traffic Management and Parking
Your regional council has powers to regulate the use of public roads by all kings of traffic. It can introduce permanent or temporary controls which can apply all day or at particular times only It can also carry out traffic calming measures such as installing road humps to keep traffic speeds low.
What you can expect
Before introducing new traffic management and parking controls your regional council must publish details of its proposals in local papers. It may also display notices in the streets concerned. You have a right to abject to or comment on these proposals. Of you believe that new traffic and parking controls are needed in your locality, you can ask your regional council to consider them.
Good council practice: consulting local organisations and
residents before proposing traffic management schemes or traffic calming measures:
giving maximum publicity to road works likely to cause major diversions
or delays.
You can help by: informing your regional council of local traffic
management problems.
Air Pollution from Road Traffic
What you can expect
You can ask your council to use its traffic management powers to make traffic and parking orders on its roads. These orders can help to minimise or reduce air pollution from vehicle exhaust emissions on main routes and residential streets in your area. This can be done by the introduction of parking controls, pedestrianisation of shopping areas and traffic calming schemes. If you are concerned about emissions from large smoky diesel vehicles you can complain to the Vehicle Inspectorate Enforcement Group at your local Traffic Area Office.
Good council practice: having a well publicised telephone
number to which you can report excessively smoky vehicles; minimising
the need for travel through planning policies and promoting the use of public
transport.
You can help by: walking, cycling and using public transport whenever
possible.
3.15 Waste Regulation and Disposal
This section explains the strict controls over the way in which waste is kept, handled and finally disposed of.
What you can expect
Sites at which waste is handled need planning permission and a licence is required
for all waste handling activities. Licences are issued by your council and you
can see the terms of these licences at its offices. If you are concerned about
the safety of any waste site you should tell your council. It can investigate
and if necessary change the terms of the licence. Your council should ensure
that landfill sites are monitored. The operator of the site will be responsible
for dealing with problems.
You can complain to the council about illegal dumping of rubbish. It may be
able to take action to clear the ground.
Your council must make arrangements for the safe disposal of all the waste and
litter it collects. If it uses its own sites to do so it must operate these
to the same standard as privately operated licensed sites. Your council must
also provide civic amenity sites at which you can dispose of bulky waste which
cannot be collected as part of the normal waste collection. These sites can
be used free of charge and your council can tell you where your nearest one
is, and its opening hours.
Good council practice: responding to complaints about waste
disposal within 24 hours; advising complainants in writing about action
taken to investigate and/or resolve the complaint.
You can help by: reporting illegal dumping whenever it occurs,
noting any vehicle registration number involved.
3.16 Wildlife, Trees and The Natural Heritage
Local authorities have a duty to consider how the natural beauty and amenity of the countryside can be conserved by protecting trees, wild plants and animals and their habitats. This section explains what your council can do to help.
What you can expect
Your council has powers to acquire land or to enter into agreements with landowners
to manage local mature reserves. It can also make byelaws to help protect the
wildlife at an existing reserve. Your council can safeguard Sites of Special
Scientific Interest (SSSIs), areas of land in which there is a special wildlife
or geological interest, by discussing development proposals affecting a local
SSSI with Scottish Natural Heritage (see Section 5). It maintains a record of
local SSSIs which you can ask to see free of charge.
Your council has powers to protect trees of special value by making a tree preservation
order. If you own a tree protected by a tree preservation order, you should
apply to your council for permission to carry out any work on it. If you do
not you could be liable to a fine up to £20,000. Where your application is refused
(or granted with conditions) you can appeal to the Secretary of State. Your
council keeps details of tree preservation orders and applications made under
them, which you may see at its offices.
Local authorities have a duty to protect and assert rights of way and have powers
to create public paths. If you are concerned about access to the countryside
in your area you should consult your local council. The issue of public access
to the countryside is being considered by Scottish Natural Heritage who are
expected to make recommendations on this later in1993.
Good council practice: acting in partnership with others to
protect the natural environment; managing its own land in ways to promote
natural conservation and encourage wildlife.
You can help by: telling the police if you see people disturbing
or damaging wild animals or plants.
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