Clean Neighbourhoods
Clean Neighbourhoods and Environment Act (Northern Ireland) 2011
The Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 contains a range of legislative measures to improve the quality of the local environment by giving district councils additional powers to deal with litter, fly-posting and graffiti, dogs, noise, statutory nuisance, nuisance alleyways, abandoned and nuisance vehicles and abandoned shopping trolleys.
The Act received Royal Assent on 4 May 2011 and can be accessed here 
The Explanatory Notes, which summarise the Act in detail, can be accessed here
The revised Explanatory and Financial Memorandum can be accessed on this page of the Assembly web-site.
Consultation
Consultation on the draft Bill was carried out between 1 March and 23 April 2010. The consultation document can be accessed here (479KB)
Synopsis of Consultation Responses
The Department would like to thank all those who responded to the consultation. The consultation process greatly assisted the Department in finalising the content of the legislation.
The Synopsis of Consultation Responses (154KB) is contained in the attached document.
Consultation on Gating Orders Guidance
The Department published a consultation paper on 30 November 2011 seeking views on draft guidance which has been written for district councils on the gating orders provisions in section 1 of the Clean Neighbourhoods and Environment Act (Northern Ireland) 2011.
Section 1 inserts new Part 6A into the Roads (Northern Ireland) Order 1993 , giving new powers to district councils to make gating orders. These new provisions allow action to be taken quickly, easily and with a degree of flexibility not previously available.
District councils will be able to make, vary or revoke gating orders in respect of relevant roads affected by crime or antisocial behaviour within their area, permitting a gate to be installed at each end of an alleyway. The orders are an effective way of enabling councils to restrict public access to any relevant road by gating it (at certain times of the day if applicable), without removing its underlying road status. In practice, it is likely that the majority of roads that will be considered for gating orders will be “alleyways” or “entries” to the rear of properties in urban areas.
The closing date for receipt of comments in relation to this paper is no later than 22 February 2012. The document can be accessed here. (201KB)
Consultation on Defacement Removal Notices Guidance
The Department published a consultation paper on 24 November 2011 seeking views on draft guidance which has been written for district councils on the defacement removal notices provisions in sections 31 to 35 of the Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 .
These provisions will enable district councils to serve a ‘Defacement Removal Notice’ (“DRN”) on statutory undertakers, educational institutions and other owners, occupiers, operators (such as telecommunication companies and outdoor advertising companies) of ‘relevant surfaces’ (including street furniture), whose property is defaced with graffiti and/or fly-posting. If a DRN is not complied with within a specified period, the district council can remove the defacement itself and reclaim the cost of doing so.
The closing date for receipt of comments in relation to this paper is no later than 16 February 2012. The document can be accessed here. (118KB)
Consultation on Dog Control Orders
The Department published proposals on 23 March 2011 for a new Dog Control Orders regime under Part 5 of the Clean Neighbourhoods and Environment Act (Northern Ireland) 2011
The new regime will replace the current system of dog byelaws and the dog fouling provisions in Article 4 of the Litter (Northern Ireland) Order 1994 .
The closing date for submission for comments was 15 June 2011. For reference, the document can still be accessed here. (213KB)
Synopsis of Consultation Responses on Dog Control Orders
The Department would like to thank all those who responded to the consultation. The consultation process greatly assisted the Department in finalising the content of the legislation and guidance. The Synopsis of Consultation Responses can be accessed here. (144KB)
Consultation on Alarm Notification Areas, amendments to the Noise Act 1996 and Statutory Nuisances.
The Department published a consultation paper on 5 September 2011 seeking views on draft guidance which will reflect the provisions contained in Part 6 and 7 of the Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 on Alarm Notification Areas, amendments to the Noise Act 1996 and Statutory Nuisances. The paper also contains a Code of Practice on Odour Nuisance from Sewage Treatment Works. Associated Statutory Nuisances draft subordinate legislation is also included.
The draft guidance is intended primarily for district councils, but will also be relevant for other statutory bodies and members of the public. The consultation document contains details of draft guidance to be issued to district councils as well as accompanying draft regulations.
The closing date for submission of comments was 25 November 2011. For reference, the document can still be accessed here.
Consultation on Litter guidance
The Department published a consultation paper on 13 June 2011 seeking views on draft guidance which will reflect the provisions contained in Part 3 of the Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 which amends the Litter (Northern Ireland) Order 1994 to enable district councils to deal more effectively with litter, by introducing stronger laws with bigger on-the-spot fines.
The closing date for submission of comments was 30 September 2011. For reference the document can still be accessed below.
Consultation Paper on Litter Guidance (445 KB)  
Annex A- Code of Practice on Litter (138 KB)
Annex B- Guidance on Litter (141 KB)
Annex C- Preventing Cigarette Litter- Guidance for District Councils (66 KB)
Annex D- Draft Regulatory Impact Assessment on Extension of Street Litter Control Notices (95 KB)
Synopsis of Consultation Responses on Litter Guidance
The Department would like to thank all those who responded to the consultation. The consultation process greatly assisted the Department in finalising the content of the legislation and guidance. The Synopsis of Consultation Responses can be accessed here (73.2KB)
A copy of the Litter (Northern Ireland) Order 1994 as amended by the Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 can be accessed from the link below:
The Litter (Northern Ireland) Order 1994 as amended by the Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 (148KB)
Consultation on Fixed Penalty Notice guidance
The Department published a consultation paper on 29 June 2011 seeking views on draft guidance which has been written for district councils that are already using, or plan to use, the fixed penalty notice powers in the Litter (Northern Ireland) Order 1994 ; the Pollution Control and Local Government (Northern Ireland) Order 1978 ; the Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 , and any other relevant legislation.
Its aim is to explain some of the principles that underpin the appropriate use of ‘local environmental’ fixed penalty notices – how their use should be planned and managed, on what basis they should be issued and when they should not, and importantly, how the non-payment of fixed penalty notices should be monitored, managed and dealt with. The paper also contains accompanying draft regulations.
The closing date for submission of comments in relation to this paper was the 23 September 2011.
For reference the consultation document can still be accessed here. (397 KB)
Synopsis of Consultation Responses on Fixed Penalty Notice Guidance
The Department would like to thank all those who responded to the consultation. The consultation process greatly assisted the Department in finalising the content of the legislation and guidance. The Synopsis of Consultation Responses can be accessed here.(138KB)
Consultation on Vehicles Guidance
The Department published a consultation paper on 28 September 2011 seeking views on draft guidance which has been written for district councils on the nuisance parking provisions in sections 2 to 6 of the Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 and on the provisions on abandoned vehicles in the Pollution Control and Local Government (Northern Ireland) Order 1978 , as amended by sections 7 – 10 of the 2011 Act.
The paper also seeks views on the draft Removal and Disposal of Vehicles (Prescribed Periods) Regulations (Northern Ireland) 2012. These Regulations prescribe 7 days as the period during which a person who appears to a district council to be an occupier of land on which there is a motor vehicle which the council proposes to remove may object under Article 30(2) of the 1978 Order. The draft Regulations also prescribe 7 days as the period during which an owner may remove a vehicle before it can be disposed of under Article 31(1)(c)(ii) or 31(5) of the 1978 Order.
The closing date for receipt of comments in relation to this paper is no later than 21 December 2011. The document can be accessed here. (124KB)
Should you require further information, please feel free to contact the Department at:
Clean Neighbourhoods and Environment Team
Department of the Environment
Goodwood House
44 - 58 May Street
Belfast BT1 4NN
E-mail: cnteam@doeni.gov.uk
Tel.: (028) 9025 4878.
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