Agenda item

The Board was informed that the Anti-Social Behaviour, Crime & Policing Act 2014 introduced major changes to the powers available to tackle anti-social behaviour problems.  It was introduced by the government with no additional resources for implementation.

The powers of the above-mentioned Act included “Community Protection Notices” which could be issued by Councils, the Police and designated social landlords where behaviour has such a detrimental effect on the quality of life of the locality and is persistent and unreasonable.  Such notices could require a person to stop the offending behaviour or take positive action to avoid further anti-social behaviour.

The Police & Crime Commissioner had realigned the arrangements of the Anti-Social Behaviour (ASB) function by withdrawing funding from each of the Councils in Dyfed Powys (who were providing specific ASB officers) and consolidated this role in Gwalia in 2015.  The role of the officers in Gwalia was to support other agencies in supporting Anti-Social Behaviour Area Problem Solving Group meetings and victim support, however, they have no enforcement role as with the previous arrangements.

In light of the fact that Gwalia have no enforcement role, any enforcement falls on either the Council or the Police Authority.

Having regard to invasive, non-native plants, including Japanese Knotweed, guidance issued by the Home Office suggested that this power (service of Community Protection Notices) may be used to require landowners to take steps to control such plants on their land.  In light of the fact that this was guidance, there was no legal obligation on agencies to implement and thereby carry out enforcement.

There were practical difficulties in using this power:-

(a)  There are few means available to landowners to physically tackle Japanese Knotweed and these were of limited effect.  It was quite possible that the requirements specified in a notice may not actually work;

(b)  The available methods were also expensive, which would provide recipient of a notice with a valid ground of appeal;

(c)  If a complaint is received that knotweed has spread from another property onto the complainant’s land, notices would have to be served on both landowners;

(d)  The above factors would result in the investigation and enforcement to remediate to be very time consuming and therefore very resource intensive on officers;

(e)  The Police Authority would only take action where such plants had been illegally moved;

(f)    The Authority had literature regarding invasive non-native plants on the website with signposting/links to additional information regarding control methods;

(g)  The Authority had a programme in place to control any invasive non-native plants on Council land.

UNANIMOUSLY RESOLVED

15.1    That the Authority will not respond to or take any formal action         with regards to requests on private properties regarding Japanese          Knotweed or other invasive non-native plants;

15.2    That the Authority will sign-post customers to the guidance     available on the Department for Environment, Food and Rural

          Affairs website with regards to how to remove and safely dispose

          of such plants;

15.3    That the Authority will continue to implement its programme of         control of invasive non-native plants on its property;

15.4    That the Authority makes representations to the WLGA regarding      the need for additional funding for Local Authorities to control           invasive plants.