AQW 2997/22-27

Ms Paula Bradshaw
Alliance Party
South Belfast

Tabled Date: 07/09/2022
Answered On Date: 20/09/2022
Priority Written: No

Question:
To ask the Minister of Agriculture, Environment and Rural Affairs how many fines have been issued under Part 4 of the Clean Neighbourhoods and Environment Act (Northern Ireland) 2011, since the legislation came into operation.

Answer:

The Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 gives an authorised officer of a district council the power to issue Fixed Penalty Notices of £80 in respect of certain graffiti and fly-posting offences under: Article 33 of the Road Traffic Regulation (NI) Order 1997 (interference with, or damage to, traffic signs), which involves only an act of defacement; Article 87(1) of the Roads (NI) Order 1993 (painting, making marks or displaying advertisements on roads); and Section 175(2) of the Planning Act (NI) 2011 (enforcement of advertisement control). The Department does not hold information in relation to the number of FPNs issued by district councils in respect of these offences.

Article 18 of the Local Government (Miscellaneous Provisions) (NI) Order 1985 includes powers for district councils to tackle graffiti. The formal guidance stipulates that councils should use these powers in the first instance so that they can claim the costs of removal from the perpetrators and pursue offenders. Reflecting the Department for Communities’ policy responsibility in this area, this legislation was transferred from the former Department of the Environment to the Department for Communities under the Departments (Transfer of Functions) Order (NI) 2016 (Schedule 5, Part 1).