This consultation has now closed.
Formal Consultation Ipswich Borough Council proposals to deal with abandoned shopping trolleys. Environmental Protection Act 1990 – Section 99 and Schedule 4.
Ipswich is a vibrant and growing place in which to live, visit or do business. Ipswich Borough Council spends a significant amount of money each year keeping the Borough clean and tidy for the benefit of all. We take many different actions and work with numerous partners in order to achieve this.
One specific problem in many communities is that caused by shopping trolleys which have been taken away from their site and abandoned somewhere in the local neighbourhood.
The Environmental Protection Act 1990 (EPA), Schedule 4 contains powers which formally allow a local authority to seize and remove abandoned trolleys, retain them and then sell or dispose of them. The authority cannot remove trolleys from private occupied land without the consent of the occupier or without having informed the occupier by Notice that it intends to remove the trolley. If an owner wishes for the trolley to be returned, they may ask for the trolley to be returned at a cost. Schedule 4 of the EPA provides further details if you are interested. This can be found at: www.opsi.gov.uk/acts/acts 1990
Currently, Schedule 4 of the EPA does not apply to Ipswich Borough Council. Abandoned trolleys are simply collected and dealt with as waste. Ipswich Borough Council is considering whether to make a resolution in accordance with Section 99 of the EPA that Schedule 4 of the EPA applies to the whole of its area. If the Council resolves to apply Schedule 4 to its area, then Schedule 4 of the EPA gives the Council powers to:
If the Council does resolve to apply Schedule 4 to its area then as a user of trolleys, you may wish to consider that you actively prevent/minimise trolley losses, as it could add a significant cost burden to your business. Schemes such as coin deposit mechanisms, or magnetic wheel braking are 2 ways that may help to reduce losses. However, I would suggest you seek your own independent advice as to the most suitable scheme for your trolleys.
Under Section 99(3) of the EPA, Ipswich Borough Council is consulting with you on its proposal to resolve to apply Schedule 4 of the EPA to its area, such that the Council may use the powers within that Schedule as summarised above.
It is proposed to actively use these powers and Ipswich Borough Council would seek to recover the costs of recovery, storage and disposal of abandoned trolleys from the trolley owners in the future. The costs are proposed and will reflect the actual costs of collection, administration, storage, staff costs and overheads. These charges are subject to regular review.
The Council is carrying out a four-week consultation commencing on Wednesday 26 January 2022 and is seeking comments on the Council’s proposal to resolve that Schedule 4 of the EPA is to apply in its area.
Any comments received will be analysed and considered before the Council determines to make the resolution to apply Schedule 4 of the EPA to its area.
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