Clause 11 - Notice of removal
Clean Neighbourhoods and Environment Bill
5:15 pm
Mr Alun Michael (Minister of State (Rural Affairs), Department for Environment, Food and Rural Affairs; Cardiff South and Penarth, Labour/Co-operative)
My hon. Friend asked whether subsection (2) will permit abandoned cars to be removed immediately from roads, car parks and other public areas on housing estates owned by housing associations and similar bodies. I have referred on a number of occasions to the definition that ensures that not only public highways, but other roads are subject to the requirements in the Bill, and I am happy to emphasise that.
I have considered the issue further in the light of my hon. Friend's concern. It is clear that any road, whether adopted or unadopted—that is another good point that he raised—is covered. Car parks that are distinct from roads and other public areas are not. A parking area that is clearly part of the highway is covered, but a separate and discrete car park might not be. That does not affect a local authority's duty to remove abandoned cars. It applies to all land, public and private.
The only circumstances in which a local authority does not have to exercise that duty is if the cost of removing the car to the nearest carriageway is disproportionately high, and that is not likely to arise in relation to land on a housing estate. It does mean that a local authority will need to obtain the consent of the occupier of the land—for example, the relevant housing association—before removing an abandoned vehicle from land that is not a road, because the provision applies to land that is a road. That may be done by placing a notice on the car. If the landowner or occupier does not object within 15 days, the vehicle may be removed. We discussed that situation earlier in relation to roads. There is no need to wait 15 days. As soon as the occupier's consent is obtained, the vehicle can be removed. Housing associations should, therefore, be able to arrange with local authorities to have abandoned cars removed rapidly.
My hon. Friend raised some points that probably apply more to practice than to the legislation, and I propose to consider them further with ministerial colleagues in other Departments to see whether anything more needs to be done in legislation or whether there are other ways, perhaps in guidance or as part of the expectations that are placed on housing associations and local authorities, in which we can ensure that everyone knows how the problem can and should be tackled. My hon. Friend made it clear that he wants something practical done when the circumstances require that. I certainly appreciate the wish to simplify the process as much as possible for housing estates on which abandoned cars are a real problem, so I will re-examine the provision to see if anything more is needed to ensure that they are removed immediately from public areas on housing estates.
A point worth making is that there is no specific definition of an ''abandoned vehicle'' or one that is ''fit for destruction''. Those terms were used in the 1978 Act, so they have been around for some time. Local authorities are used to using them and there is guidance from ENCAMS and the Local Government Association on the sort of criteria that should be used by local authorities when making a decision. In the spirit of ''If it ain't broke, don't fix it'', it seems to me that good practice is the right approach.
Question put and agreed to.
Clause 11 ordered to stand part of the Bill.
Further consideration adjourned.—[Mr. Ainger.]
Adjourned accordingly at half-past Five o'clock till Thursday 20 January at twenty-five minutes past Nine o'clock.