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Environmental Enforcement Policy

Enforcement options, no action, informal action and formal action

Information regarding enforcement options, no action, informal action and formal action.

6.0 Enforcement options

6.1 Wiltshire Council recognises the importance of achieving and maintaining consistency in its approach to making decisions that concern standards of enforcement action.

In making the decisions officers will consider:

  • the seriousness and prevalence of the offence
  • any explanation offered by the defendant
  • the age of the defendant
  • the past history of the offender
  • the likelihood of the offender being able to establish a defence
  • the action type as to which action is deemed appropriate or effective
  • whether there has been flagrant disregard for the condition of the local environment
  • advice from the Council's Legal Department

6.1.1 Having considered all the relevant information and evidence, one or more of the following options for action are available to officers:

  • no action
  • informal action
  • formal action - To include; Statutory Notices, Fixed Penalty Notices, Formal Caution or Prosecution

6.2 No action

Where an investigation reveals at the time of the inspection that no offence has occurred or that an offence has occurred but no offender can be identified.

6.3 Informal action

6.3.1 To facilitate compliance with the legislation, informal action may be used to address issues in the form of offering advice and recommendations for action, either verbally or in writing. Such action may be appropriate in the following circumstances:

  • when an offence was committed by genuine mistake or accident
  • where the offence has been committed by a child or young person
  • when there is insufficient evidence for formal action

6.3.2 In addition to the above circumstances, officers will assess each case individually and use their own discretion as to the required course of action.

6.3.3 When giving verbal advice, officers will ensure that breaches of legislation are made clear and understood by recipients.

6.3.4 Officers will ensure that when advising in writing that they contain all information necessary to identify any breach of legislation, indicating specific legislation contravention.

6.4 Formal action

Enforcement Officers will consider the use of formal action in accordance with the relevant legislation, working practices and guidance.

Statutory notices

6.4.1 Notices shall be served to require offenders to cease contravening activities, or give offenders reasonable time to rectify a contravention. Notices may require contravening activities to cease immediately where circumstances relating to health,
safety or environmental damage demand. In other circumstances, reasonable time will be allowed.

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