Litter Flytipping and Dog Fouling Prevention Strategy
North Ayrshire Council · 29 September 2026
Back to Cabinet — 29 September 2026 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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NORTH AYRSHIRE COUNCIL 29 September 2026 Cabinet Title: Litter, Flytipping and Dog Fouling Prevention Strategy - Clean North Ayrshire Purpose: To seek Cabinet approval on the proposed draft updated Litter, Flytipping and Dog Fouling Prevention Strategy. Recommendation: That the Cabinet approves the Litter, Flytipping and Dog Fouling Prevention Strategy. 1. Executive Summary 1.1 It is widely accepted that a well maintained, litter free and aesthetically pleasing local environment can help attract visitor numbers, increase business investment to an area, as well as making the area a nicer place to reside and work in. The protection and maintenance of the local environment, by keeping it clean, tidy and litter free can therefore play a significant role in contributing to the regeneration of North Ayrshire and play a key role in the Council Plan (2023 - 2028) mission of ’Working together to improve the lives of our people in North Ayrshire.’ 1.2 A new National Litter and Flytipping Strategy was published in 2023, which revolves around the 3 key themes of behaviour change, improved infrastructure, and strengthened enforcement. 1.3 The Council’s strategy aligns well with this approach, however following consultation with Elected Members and a wide range of local stakeholders, a refreshed approach with additionality to the national strategy was agreed. It was agreed to have a renewed focus on education & awareness to deliver behaviour change and to ensure the right infrastructure was in the right place. A stronger, local, more targeted approach to enforcement was also highlighted in the consultation. 1.4 The removal of litter, flytipping and dog fouling incurs significant direct financial costs to the Council. The vision for this Litter, Flytipping and Dog Fouling Prevention Strategy is that the Council in partnership with its communities will strive towards achieving zero litter, flytipping and dog fouling in North Ayrshire. The robust strategy will also ensure that the Council maximises the use of its resources to effectively address the issues. 1.5 By tackling litter, flytipping and dog fouling in a co-ordinated and targeted way through a combination of preventative measures aimed at discouraging environmental crime and incivility, North Ayrshire’s localities will be protected and enhanced, thereby
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providing an attractive and appealing environment for people to live in, visit and conduct business in. 2. Background 2.1 The previous strategy; “North Ayrshire’s Litter, Flytipping and Dog Fouling Prevention Strategy, Don't Waste North Ayrshire” was approved by the Council in March 2014. Since then, there have been significant changes in the national and local strategic context, leading to the requirement for an updated strategy to review and ensure alignment. 2.2 The publication of the National Litter and Flytipping Strategy in 2023 provided a comprehensive framework to the approach to achieving a reduction in litter and flytipping throughout Scotland and North Ayrshire Council is already closely aligned to this strategy. The strategy sets out how national and local government, business, third sector, communities and individuals can work together to support behaviour change, improve infrastructure and strengthen enforcement, in order to protect our environment, better value our resources as a society and prevent the escape of materials from the economy. 2.3 The six-year strategy sets out actions to drive these improvements through delivering annual action plans and improving data and monitoring to identify problem areas and target action where it is needed most. 2.4 The Circular Economy (Scotland) Act 2024 sets out new powers that will enable local authorities (and SEPA) to deal with flytipping offences by allowing vehicles to be seized that have been found to be involved in specified waste crimes. The Act also created the ability for Scottish Government to introduce a civil penalty regime for road users who litter from vehicles, which once implemented through secondary legislation and provision of guidance, will make the registered keeper of the vehicle liable. Furthermore, the Act sets out a framework to increase the maximum fixed penalty for flytipping offences, which increased the penalty from £200 to £500, with scope for further increases, as well as providing a framework for strengthening duty of care responsibilities in relation to household waste to help prevent flytipping. 2.5 The Council has worked with the environmental charity, Keep Scotland Beautiful, to help review the Council’s 2014 strategy, conduct engagement workshops with Elected Members and local stakeholders, and provide a recommendations report, which has been used to help shape and inform this strategy. The review included collaboration with Elected Members and Council staff to review the national and local context, identify priorities, highlight areas for improvement and opportunities for action. A separate public engagement process was also undertaken to provide members of the public with the opportunity to share their views on how to make North Ayrshire cleaner, assess the current situation in their local community, and contribute their views on potential priorities for action. 2.6 The Streetscene Strategy Team consists of Streetscene Strategy Officers and Environmental Enforcement Officers, who play a key role in the management of environmental crime through education, enabling and enforcement activities relating to litter, flytipping and dog fouling. In recognition of the importance of the Enforcement Team, an additional two Environmental Enforcement Officers are currently being recruited. The team also analyses data and information gathered from a number of
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sources to help identify, record and map ‘hot spot’ areas for littering, flytipping and dog fouling. This information is utilised in targeting Streetscene Operations to maximise productivity and efficiency as part of a proactive operational response. 2.7 Scottish Government published the National Flytipping Baseline Report in October 2024, as an update on the National Litter and Fly Tipping Strategy. The report noted that North Ayrshire Council’s Environmental Enforcement Team issued more Fixed Penalty Notices (FPNs)/fines for flytipping in 2022/23 than any other local authority in Scotland. North Ayrshire issued 201 for the year, the second highest local authority was Glasgow City Council with 126 issued. 2.8 The effectiveness of street cleaning operations is measured using the Local Environmental Audit Management System (LEAMS), which in turn informs the Local Government Benchmarking Framework (LGBF) Indicator – Street Cleanliness Index. Since its introduction as a measure of performance in 2003/04, North Ayrshire Council has consistently achieved Street Cleanliness Index ratings above the acceptable standard of cleanliness score of 67. The latest measured level of cleanliness (2025/26), with a score of 89.7%, is amongst the highest score ever achieved by North Ayrshire. 2.9 Through implementation of the Streetscene approach, the Council has optimised resource use, in terms of both equipment and staff resources. The service has achieved desired improvements in street cleanliness standards, improved service productivity and efficiencies to deliver both strategically and operationally, a well maintained, protected and enhanced local environment throughout North Ayrshire. 2.10 In addition to the Streetscene service, the Council is complemented by and benefits from an active network of volunteers who work tirelessly through litter picking activities to enhance and improve their local environment. Streetscene supports the volunteers by providing advice, support, tools and equipment such as litter pickers and the uplift of the bags of collected litter. 2.11 There are several registered voluntary groups across the area, which includes over 300 individuals who work in partnership with the Council, and recorded collecting around 3,270 bags of litter in 2025 from open space areas. In recognition of the volunteers' hard work to improve and enhance the local natural environment, Streetscene has held recognition events to thank and acknowledge the contribution made by environmental volunteers across North Ayrshire. 2.12 Notwithstanding the positive impact of the Streetscene approach, information received during the public engagement process indicates that litter, flytipping and dog fouling continues to be a key issue for communities across North Ayrshire. This is further confirmed by information received by the Council’s Customer Contact Centre and the number of service requests received relating to litter, flytipping and dog fouling issues over the last few years, which has also been facilitated through additional and improved reporting channels (web site e-forms, social media etc). However, it is promising to note there is a slight downward trend in service requests the past 3 years. 2.13 In developing a Litter, Flytipping and Dog Fouling Prevention Strategy for North Ayrshire, it is recognised that whilst physical intervention is needed to deliver a cleaner environment, more could be gained by enabling a culture where it is not
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acceptable in society to drop litter, fly tip or not clean up after your dog. To achieve this cultural shift, there is a need to engage with residents, community groups and local organisations to develop and support several actions in this strategy. 2.14 The proposed draft Litter, Flytipping and Dog Fouling Prevention Strategy attached as appendix 1 aims to manage demand for the Streetscene service and encourage behavioural change, by implementing a series of actions and tasks. 2.15 The aims of the strategy are to: • Change peoples’ hearts, minds and attitudes with regards to littering, flytipping and dog fouling; • Encourage a social contract with communities whereby we “All do our bit to protect and enhance the local environment” and highlight that litter, flytipping and dog fouling are socially unacceptable; • Shift the emphasis of litter, flytipping and dog fouling management from clean-up to prevention; • Introduce a zero tolerance to litter, flytipping and dog fouling; and • Ensure a coordinated, best practice approach to litter, flytipping and dog fouling prevention and management across North Ayrshire through the provision of education, enabling and strengthened enforcement activities. 2.16 The strategy continues to be formed around three key strands to prevent and manage the reduction of litter, flytipping and dog fouling through the following three ‘E’s’ of: Educate, Enable and Enforce, along with Audit and Evaluation. 2.17 Audit and evaluation are essential to understand the extent of the issue and in assessing and evaluating the success of litter, flytipping and dog fouling prevention initiatives. The data collected will be used to monitor the level of disposal behaviours and used to assess the effectiveness of litter prevention and management initiatives in place throughout North Ayrshire. Key actions during the implementation of the strategy will include: • Ongoing monitoring of data to achieve Key Performance Indicators outlined in Streetscene Operational Plan; • Conduct mini LEAMS audits (where required) to inform operational and prevention activities; • Participate in Environmental Visual Audits (as requested) with community planning partners (Housing, Police Scotland etc) to evaluate local environmental conditions and to facilitate targeted improvements; • Review all LEAMS audit data, service request data received through the Council’s Customer Relationship Management (CRM) system, Netcall, and other data recorded to facilitate an improved and targeted approach to clean up and
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prevention activities, focusing on hot spot areas, including further development of data analytics; • Evaluate promotional and educational awareness campaigns to determine the effectiveness of different messages and approaches; • Promote collaborative learning through sharing best practice via the national Litter Managers Network; • Monitor the impact of the UK Digital Waste Tracking System (once implemented from January 2027) on the levels of flytipping; and • Monitor the impact of the UK Deposit Return Scheme (once implemented from October 2027) on the volumes and types of litter being discarded. 2.18 Education and Awareness – effective education and awareness raising is a powerful tool for achieving long-term behavioural change within a community. Well-developed and integrated education programmes combined with support for community empowerment, promotional material and media support can engage communities and encourage ownership and instil civic pride. Complemented by awareness raising activities including promotional campaigns and effective communications, a strategic approach to educational activities is a key and fundamental part of this strategy. Following consultation with Elected Members and a wide range of local stakeholders, a refreshed approach to education and awareness will be developed including the following key actions during the implementation of the strategy will include: • Liaise with other Council Services (Education and Waste Resources) to develop a litter, flytipping and dog fouling awareness and education programme that is appropriate for all levels of the education system (Nursery, Primary and Secondary Schools). This will include carrying out education and awareness campaigns regarding the detrimental impact on the environment and the costs involved in cleaning up litter, flytipping and dog fouling, promoted through the council’s Waste Awareness and Streetscene Officers. • Carry out focussed interventions targeting specific areas (e.g. roadside litter, Ob- litter-ate, safe vape disposal, dog fouling in cemeteries); • Through partnership working, promote responsible dog ownership and produce responsible dog owners’ guidance; • Continue to work with Keep Scotland Beautiful (KSB) and other organisations to ensure national campaigns and initiatives are promoted and reflected in local media, social media and advertising, to encourage participation; and • Review the Council’s web pages containing information on litter, flytipping and dog fouling to facilitate improved awareness and link to relevant partner websites (KSB, Zero Waste Scotland, SEPA etc). 2.19 Enable – a key element of the litter, flytipping and dog fouling prevention strategy is to provide the right tools to ensure litter and waste disposal facilities are easily accessible and available for use. Public spaces that are well maintained with effective Streetscene operations with the provision of strategically placed litter bins
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discourages dog fouling waste being left in public places and general littering behaviour. At the Council meeting on 24 June 2026 an additional £1.496 million was provided to deliver additional investment in street cleaning including investment in Streetscene equipment and operations as well as a local grant fund to support community clean-up organisations, and to help establish new ones. An additional aspect of enabling communities is to support and encourage community involvement in clean up events and in looking after their area. There is a strong desire amongst the North Ayrshire communities to contribute to help to protect and enhance the local environment. Key actions during the implementation of the strategy will include: • Ensure physical interventions (e.g. provision and servicing of bins, signage etc.) are effectively provided for the safe disposal of litter and dog waste. • Assess and consider the suitability of technology, including the use of existing GIS applications to monitor usage of bins to enable the optimisation of resources. • Promote the provision of all waste disposal facilities and services. • Continue to support Keep Scotland Beautiful and other partner organisations in encouraging litter, fly tipping and dog fouling prevention initiatives (such as; Spring Clean Scotland, the Great British Beach Clean and other community clean up campaigns). • Identify suitable funding sources and/or resource opportunities available for delivering litter, flytipping and dog fouling prevention actions. • Develop a pilot environmental improvement initiative called TARGET (Trees, Air, Rivers, Greenery, Earth and Trash) (TARGET) to support small, visible actions that help improve the quality, appearance and safety of local places. 2.20 Enforce – Legislation is in place that gives local authorities powers to act against individuals and businesses that litter including Fixed Penalty Notices (FPNs). Enforcement is recognised as a key strand of an effective litter, dog fouling and flytipping prevention strategy to discourage said environmental crimes. Within the Streetscene Strategy Team, there is a dedicated Environmental Enforcement Team in place to address related crime in pursuance of the Environmental Protection (Scotland) Act 1990 s87 & s33 and the Dog Fouling (Scotland) Act 2003 s1. The team is currently being expanded by an additional two officers, which will help support delivery of the strategy. Key actions during the implementation of the strategy will include: • Increase the visibility and promotion of the role of the Environmental Enforcement Team throughout North Ayrshire including the recruitment of two additional officers; • Increase the visibility and promotion of the role of the Environmental Enforcement Team throughout North Ayrshire including the recruitment of two additional officers;
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• Explore strengthened joint working arrangements between Streetscene and other services and partners (including SEPA, KSB, Police Scotland), to supplement and deter environmental crime; • Work with shops and businesses on litter related issues; • Utilise appropriate forms of media to advertise current and future changes to the value and application of Fixed Penalty Notices (FPNs); • Assess and consider the suitability of technology to conduct flytipping enforcement investigations, as appropriate, including exploring the use of fixed and mobile CCTV for identifying environmental crime. • Strengthen data gathering and analytics for litter, flytipping and dog fouling issues to determine hot spots and target enforcement resources, including the council’s streets, parks, beaches and cemeteries; • Keep informed of the implementation of relevant sections of the Circular Economy (Scotland) Act 2024, develop the necessary legislative framework and utilise the new Scottish Government guidance (when published), to support a consistent approach to the enforcement of environmental crime. 3. Proposals 3.1 It is proposed that Cabinet agrees the Litter, Flytipping and Dog Fouling Prevention Strategy, attached as appendix 1. 4. Implications/Socio-economic Duty Financial 4.1 The key themes and actions arising from the strategy will be actioned and developed within the existing available budgets. The budget available to implement this strategy will be utilised in the most efficient and effective manner to ensure maximum return and outcomes are achieved. At the Council meeting on 24 June 2026 an additional £1.496million was allocated to deliver additional investment in street cleaning including investment in Streetscene equipment and operations as well as a local grant fund to support community clean-up organisations, and to help establish new ones. Human Resources 4.2 The strategy will be delivered by existing staff members. Legal 4.3 There is a significant legislative framework for litter, flytipping and dog fouling which sets out several controls and legal obligations. 4.31 All legislation procedures will be followed relating to issuing Fixed Penalty Notices. Any future changes in the penalty levels issued for Fixed Penalty Notices will be implemented as part of the strategy.
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4.32 The Circular Economy (Scotland) Act 2024 sets out new powers that will enable Scottish local authorities (and SEPA) to deal with litter and flytipping offences. Before the powers within the Circular Economy (Scotland) Act 2024 Act can be implemented, further secondary legislation is required to be laid in parliament to implement these powers, and detailed guidance relating to the use of the new powers is to be provided by Scottish Government to Local Authorities prior to implementation. Equality/Socio-economic 4.4 None. Climate Change and Carbon 4.5 The actions and tasks contained in the strategy aim to reduce the incidents of environmental crime leading to improvements within the environment. Preventing litter, flytipping and dog fouling leads to a more sustainable environment and helps to close the loop in a circular economy. Key Priorities 4.6 The anticipated improvements that will take place as an outcome of implementing this strategy will contribute towards the delivery of the Council’s core four priorities of A Sustainable Council, Wellbeing, Climate Change and Communities and Local Democracy. Community Wealth Building 4.7 The strategy aligns with the Council’s Community Wealth Building Strategy (2024- 2027) vision of a ’Wellbeing Economy – an economy which works for both people and planet – providing an economically and environmentally sustainable future for our communities and young people to flourish.’ Islands Communities Impact Assessment (ICIA) 4.8 None. United Nations Rights of the Child (UNCRC) 4.9 None. Consumer Duty 4.10 None. 5. Consultation 5.1 Consultations have taken place through Elected Members and local stakeholders, through a public engagement process supported by Keep Scotland Beautiful. The draft strategy was also presented to the Policy Advisory Panel on 8 September 2026.
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5.2 A pre-screening questionnaire relating to Strategic Environmental Assessment (SEA) legislation will be submitted to Scottish Government to request the views of the statutory consultees on whether a full SEA is required. RUSSELL McCUTCHEON Executive Director (Place) For further information please contact Thomas Reaney, Head of Service (Neighbourhood Services) on 01294 324890. Background Papers 0
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0 North Ayrshire Council Litter, Flytipping and Dog Fouling Prevention Strategy 2026 – 2030 CLEAN NORTH AYRSHIRE
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1 Table of Contents 1.0 Introduction ............................................................................................................................ 2 1.1 Background ........................................................................................................................... 2 1.2 Key Drivers ............................................................................................................................ 5 1.3 National Factors .................................................................................................................... 7 1.4 Local Factors ....................................................................................................................... 10 1.5 Streetscene Service ............................................................................................................. 16 1.6 Issues, causes, areas for improvement ................................................................................ 21 Litter ......................................................................................................................................... 21 Flytipping ................................................................................................................................. 24 Dog Fouling ............................................................................................................................. 25 1.7 Strategy Outline ................................................................................................................... 27 Vision ....................................................................................................................................... 28 Goals ....................................................................................................................................... 28 Aims ......................................................................................................................................... 28 1.8 Action Plan .......................................................................................................................... 29 Audit and Evaluation ................................................................................................................ 30 Education and Awareness ....................................................................................................... 31 Enable ..................................................................................................................................... 33 Enforcement ............................................................................................................................ 35 1.9 Implementation, Monitoring and Evaluation ......................................................................... 37 1.10 Financial .............................................................................................................................. 38 Appendix 1 .................................................................................................................................. 39 Wider Legislative Framework....................................................................................................... 39 Appendix 2 .................................................................................................................................. 43 Local Environmental Audit Management System (LEAMS) ......................................................... 43
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2 1.0 Introduction Preventing litter, flytipping and dog fouling in a coordinated and targeted way, achieved through a combination of measures aimed at instilling civic pride throughout North Ayrshire, will play an integral role in achieving a clean, well-maintained environment. This in turn can contribute to an increase in local wellbeing, as well as helping to influence economic growth and development across North Ayrshire, by helping to attract more visitors and increasing levels of business investment in the area. The removal of litter, flytipping and dog fouling incurs significant direct financial costs for the council. By focusing on the prevention of environmental crime and anti-social behaviour and thereby altering service demand through the development and implementation of a robust prevention strategy, the council will ensure maximum effectiveness in the use of its resources. Items that have been left in public spaces as litter or fly tipped materials reflect today’s throwaway culture in society and unsustainable rates of consumption. These items should be responsibly and sustainably disposed of and captured in a way that contributes to a circular economy. In recognition of the importance of these factors, the council has revised and updated its Litter, Flytipping and Dog Fouling Prevention Strategy. This Litter, Flytipping and Dog Fouling Prevention Strategy, sets out a framework for an effective and coordinated prevention and management programme, and provides strategic direction for the combined efforts of the community and the council. The strategy is built around a series of objectives and actions under three main priority areas – the three ‘E’s’ of Education, Enable and Enforcement which are supported by audit and evaluation activities. These objectives, actions and implementation tasks are aimed at realising the vision, goals and aims as outlined within this strategy. 1.1 Background The previous version of this strategy; “North Ayrshire’s Litter, Flytipping and Dog Fouling Prevention Strategy, Don't Waste North Ayrshire” was approved by the Council in March 2014. Since then, there have been significant changes in the national and local strategic context since then, leading to the requirement for an updated strategy. Furthermore, the country has undergone a changing landscape since the covid pandemic and the cost-of-living crisis, along with budget pressures and a challenging financial environment for local authorities. The previous strategy aimed to tackle the issues of litter, flytipping and dog fouling at a local level by instilling the 3 E’s approach of Educate, Enable and Enforcement.
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3 North Ayrshire Council worked with the environmental charity Keep Scotland Beautiful to help review the 2014 strategy, conduct engagement workshops with Elected Members and local stakeholders, and provide a recommendations report, which has been used to help shape and inform this strategy. Geographical, socio-demographic and population data North Ayrshire Council is a medium sized Scottish local authority, with a population of around 133,570. Its total area covers 340 square miles, almost equally divided between the mainland and the islands of Arran and Cumbrae. It has a total coastline of 140 miles. Over 75% of the population live in urban areas or accessible small towns, with the remaining population living in rural areas, with 4.8% of the total population living in remote or very remote rural areas. Population The most recent estimated resident population of North Ayrshire was 134,010 in mid- 2024, of which 47.9% were male and 52.1% female, according to the National Records of Scotland (NRS). 2024 figures indicate that residents aged 0-15 account for 15.6%, 16-44 year olds make up 31.2% of the population, while 28.6% are aged 45-64. Residents aged over 65 make up 24.6% of the population in North Ayrshire. Between 2022 and 2032, the population of North Ayrshire is projected to decrease 129,319. This is a decrease of 3.1%, which compares to a projected increase of 4.4% for Scotland as a whole. Employment The most recent employment rate (of those aged 16-64) documented in North Ayrshire for people aged 16 to 64 was 70.3% in December 2023 (Office for National Statistics). This figure represents a decrease from the previous year and is lower than the Scottish average (74.7%) Unemployment levels have for many years been among the highest in Scotland, and as of December 2023, North Ayrshire had the 5th highest unemployment rate (3.5%) in Scotland. North Ayrshire’s economic inactivity rate (27.7%) for the year ending December 2023, representing 20,100 individuals aged 16-64.
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4 Scottish Index of Multiple Deprivation (SIMD) In the latest Scottish Index of Multiple Deprivation (SIMD) published in 2020, 52 of North Ayrshire’s 186 data zones were within the 15% most deprived areas in Scotland. This makes up 28% of the whole area and is a slight increase from the SIMD figures published in 2016. These deprived areas are primarily concentrated in the Three Towns and Irvine locality areas, with parts of Kilwinning and the Garnock Valley also showing high levels of deprivation. Overall, North Ayrshire is ranked as the fifth-highest area for deprivation in Scotland, a position that has not changed since 2016. Socio-demographic Profile The socio-demographic profile (including the age, economic activity, and type of households) of an area can be a useful tool in identifying appropriate litter management provisions. Irresponsible dog ownership can also be linked to an area’s socio-demographic profile with an increased prevalence of dog fouling. The SIMD levels are also important in shaping the Litter, Flytipping and Dog Fouling Prevention Strategy as Keep Scotland Beautiful’s research indicates that ‘There is a strong correlation between litter and deprivation using the Scottish Index of Multiple Deprivation with poorer standards found in areas with higher levels of deprivation.’
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5 1.2 Key Drivers This section outlines the main legislative, national and local factors which have an influence on the control and prevention of litter, flytipping and dog fouling. Current and future management of litter, flytipping and dog fouling issues is influenced by decisions taken at a number of levels. Legislation There is a significant legislative framework for litter, flytipping and dog fouling which sets out a number of controls and legal obligations. The key elements of these are outlined below. Further supplementary information on wider relevant legislation is contained within Appendix 1. Environmental Protection Act (EPA) 1990: Litter The Environmental Protection Act (EPA) 1990: defines littering as an offence. Any person(s) dropping litter can be issued a Fixed Penalty Notice requiring the current payment of £80. The EPA 1990 also outlines powers to designate Litter Control Areas and issue Street Litter Control Notices: Litter Control Areas: Provision is made for a local authority to designate a Litter Control Area where it considers that, without such designation, the presence of litter or refuse means land is, and will continue to be, in a condition which is likely to be detrimental to the amenity of the area. The types of land designated as Litter Control Areas are generally areas that are accessible to the public but privately rather than publicly owned. If the designation is made, the land becomes relevant land, and the occupier is then required to clear the land and keep it free of litter. Street Litter Control Notices: A local authority may, with a view to the prevention of accumulations of litter or refuse in and around any street or open land adjacent to any street, issue a ‘street litter control notice’, imposing requirements on occupiers or owners of premises in relation to the control of litter or refuse. Environmental Protection Act (EPA) 1990: Flytipping The EPA 1990 makes it an offence for any person to deposit controlled waste on any land unless a waste management licence authorising its deposit is in force. The penalties for the above offence are: • Summary conviction: imprisonment for a term not exceeding six months or a fine not exceeding £40,000 or both, and
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6 • On conviction on Indictment: imprisonment for a term not exceeding two years or a fine or both. The Antisocial Behaviour etc. (Scotland) Act 2004 introduced an alternative to prosecution for flytipping offences, by introducing the provision to issue Fixed Penalty Notices. The current level of fixed penalty for flytipping is £500. The Dog Fouling (Scotland) Act 2003 The Dog Fouling (Scotland) Act 2003 places a duty on those responsible for dogs to clean up after their animals. If a person in charge of a dog allows it to defecate upon any place to which the Act applies and fails immediately to remove the faeces, that person shall be guilty of an offence unless; a) the person has a reasonable excuse for failing to do so; or, b) the owner, occupier and other person or authority having control of the place has given consent to the person failing to do so. A Fixed Penalty Notice can be issued requiring the payment of £80 rising to £100 if not paid within 28 days. Failure to pay fixed penalties can result in action by Sheriff Officers or the Procurator Fiscal. The Code of Practice on Litter and Refuse Scotland (Scotland) 2018: Issued under the Environmental Protection Act 1990, The Code of Practice on Litter and Refuse (CoPLAR) 2018 is a statutory guidance document that provides statutory and practical guidance to support organisations with a duty to fulfil the legal requirements of section 89, (1) and (2) of the Act. Duty holders are required to: 1) keep their land clear of litter and refuse; and 2) keep their roads clean. Further information on the CoPLAR is provided in Appendix 2.
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7 1.3 National Factors National Litter and Flytipping Strategy 2023 In June 2023, a new National Litter and Flytipping Strategy was published by the Scottish Government, in partnership with Keep Scotland Beautiful, Zero Waste Scotland and SEPA. The National Litter and Flytipping Strategy sets out a refreshed approach to tackling litter and flytipping to help protect and enhance Scotland’s environment, ensure safer and cleaner communities, and contribute to a thriving circular economy for Scotland. The national strategy states that millions of items are dropped as litter and tonnes of material is flytipped in Scotland every year, with at least £60million of public money spent on an annual basis to clean it up. The vision of the National Litter Strategy is ‘for a future where Scotland’s environment and communities are not blighted by litter and flytipping, and materials remain within a circular economy.’ The strategy states that urgent action is needed at scale across Scotland; effective action needs to be integrated and co-ordinated to address a range of drivers; and tackling litter and flytipping can make an important contribution to addressing Scotland’s throwaway culture and supporting the retention of products and materials in the economy. The three strategic themes in the national litter and flytipping strategy are: • Behaviour Change; • Infrastructure and Services; and • Enforcement. The national strategy sets out how national and local government, businesses, third sector organisations, communities and individuals can work together to support behaviour change, improve infrastructure and strengthen enforcement. These three key themes aim to protect our environment, better value our resources, as well as preventing valuable materials escaping from the economy.’ North Ayrshire’s Litter, Flytipping and Dog Fouling Prevention Strategy aligns well with the vision and goals of the national strategy to prevent litter and flytipping, and to provide opportunities to promote and contribute to a sustainable circular economy.
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8 National Strategy on Marine Litter 2022 The refreshed Marine Litter Strategy 2022 outlines new priority actions to tackle marine litter in Scotland. It aims to develop preventative measures to stop litter from entering and damaging the marine and coastal environment, as well as supporting its removal across Scotland. The five strategic themes in the national marine strategy are to: • Improve public and business attitudes and behaviours around marine and coastal litter, in co-ordination with the National Litter and Flytipping Strategy; • Reduce marine and coastal based sources of litter, with a focus on the most problematic sources, in co-ordination with land sourced litter being reduced by the National Litter and Flytipping Strategy; • Support the removal of marine litter from the marine and coastal environment; • Improve monitoring at a Scottish scale and develop measures for strategy evaluation; and • Maintain and strengthen stakeholder co-ordination in Scotland, the UK, regionally and globally. Circular Economy (Scotland) Act 2024 The Circular Economy (Scotland) Act 2024 sets out the legislative framework to support Scotland’s ambition to become a zero waste and circular economy, increase reuse and recycling rates, as well as making improvements to modernise waste and recycling services. The Act includes specific provisions in respect of litter and flytipping: a new penalty regime to address littering from vehicles, powers to seize vehicles involved in specified waste crime, and strengthened household duty of care responsibilities in relation to household waste to help prevent flytipping. Further secondary legislation is required to implement these powers and guidance relating to the use of the powers will be provided to Local Authorities prior to implementation. Scottish Government is planning to draft the regulations required to introduce the civil penalty for littering from vehicles in 2026 and preparations will also be made to consult on the details of the offence, including the penalty level, appeals process, and operational guidance, to ensure a fair and effective system is in place before implementation. Further details are provided in the ‘Flytipping’ section later in this strategy; however, a key aim of the relevant Act is to deliver a stronger, more consistent flytipping enforcement regime through the introduction of powers to seize vehicles linked to waste crime.
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9 Circular Economy Strategy and Route Map Supporting the implementation of the Circular Economy (Scotland) Act is Scotland's Circular Economy and Waste Route Map to 2030. This route map sets out a plan to deliver 11 actions that prioritise what needs to be achieved to progress towards Scotland’s circular economy. “Around 80% of Scotland’s carbon footprint comes from the products and services that we manufacture, use and throw away”, therefore tackling problematic litter and flytipping can help to make an important contribution to addressing Scotland’s throwaway culture as well as supporting the retention of products and materials in the economy. Scotland’s Zero Waste Plan Actions identified in the Scottish Government’s Zero Waste Plan for Scotland, resonate with those in the National Litter and Marine Litter Strategies and are closely aligned in their aspirations around improving public education and awareness. UK Deposit Return Scheme The UK government intends to introduce a UK wide Deposit Return Scheme for drinks containers from 1st October 2027. Once introduced, the scheme will place a small refundable charge on each container, which is expected to increase the recycling of these items and significantly reduce the number of drinks containers that are discarded as litter across the UK. There are a range of projections over the likely impact of this scheme and once implemented, the impact on the street cleansing service will need to be assessed. UK Digital Waste Tracking System The UK government intends to introduce a UK wide Digital Waste Tracking System on a phased basis. In Scotland, this first phase will commence in January 2027. The introduction of the new system will make it mandatory for the movement of waste from defined sources including businesses and local authorities (excluding waste disposed of separately by households, which will be voluntary), to be logged within the new digital system, and this is expected to have a positive impact on the levels of waste crime, including contributing to reduced levels of flytipping. The impact of the digital waste tracking system on flytipping will be monitored following implementation.
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10 1.4 Local Factors North Ayrshire’s Council Plan (2023-28) The Council has clearly defined key objectives and priorities as detailed in North Ayrshire Council's five-year vision in the ‘Our Council Plan’ 2023-28, a number of which either have an influence on, or are influenced by litter, flytipping and dog fouling prevention. The protection and enhancement of the natural and built environment through a successful litter, flytipping and dog fouling prevention strategy is a key contributor to the successful regeneration of North Ayrshire. This strategy therefore plays a key role in helping North Ayrshire be ‘Fair For All” and can influence and attract increased visitor numbers and increased business investment in the area. Through enabling and encouraging community participation, this strategy will empower communities and instill a feeling of civic pride. A key aim of the strategy is to encourage a social contract with the communities of North Ayrshire whereby we “All do our bit” for North Ayrshire. The protection and enhancement of the natural and built environment is a significant contributor to the successful regeneration of North Ayrshire and plays a key role in showing how North Ayrshire Council aims to fulfil its commitment to be ‘fair for all’, and ‘working together to improve the lives of our people in North Ayrshire.’ North Ayrshire Council’s five-year plan and priorities for 2023-28 is published in ‘Our Council Plan’. The Council Plan contains four main priorities that have been developed to support the vision of ‘A North Ayrshire that is fair for all’, and the mission that we will be ‘Working together to improve the lives of our people in North Ayrshire’. These priorities are: • A Sustainable Council; • Wellbeing; • Communities and local democracy; and • Climate change. A key activity under the wellbeing priority is to: ‘Ensure our places and spaces where we live, work and visit are well maintained and accessible’. A successful outcome will be measured by demonstrating that ‘Places and public spaces across North Ayrshire are well maintained and accessible.’
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11 The prevention of litter, flytipping, and dog fouling is crucial to achieving this and a clean and attractive environment, reflective of the aims of the Council Plan. Streetscene Operational Plan The annual operational plan produced by the Streetscene Service sets out several actions and Key Performance Indicators that are monitored and reported corporately on a quarterly basis, that reflect and drive how the service delivers the Council Plan priorities including: • CP12 A - Ensure our places and spaces where we live, work and visit are well maintained and accessible; and • CP_27 - Street Cleanliness Index - % Clean. Single Outcome Agreement The Single Outcome Agreement (SOA) between North Ayrshire Council, North Ayrshire Community Planning Partnership and the Scottish Government outlines how we will achieve our shared Vision of ‘North Ayrshire – A Better Life’. The SOA includes a number of relevant outcomes which are impacted upon within this strategy: - • North Ayrshire is a safer place to live; • North Ayrshire residents feel safer and communities are empowered; and • Improved town centres that attract business and inward investment. Implementation of the key actions contained within this strategy will play a key contribution to the realisation of these outcomes through the protection and enhancement of the local environment and through the empowerment of our communities. Within The North Ayrshire Community Planning Partnership’s Local Outcomes Improvement Plan 2022-2030 (as required by the Community Empowerment (Scotland) Act 2015), ‘Improving our local environment’ is stated as a priority by the locality partnerships and that ‘improving our local environment and championing the natural environment’ is important to all of the localities within North Ayrshire.
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12 North Ayrshire Working Towards Zero Waste - Zero Waste Strategy The Zero Waste Strategy sets out the council’s goals to meet the national targets for waste and recycling, as set out in the Zero Waste Plan for Scotland. The strategy focuses on the waste hierarchy, which identifies waste prevention as the preferred option, followed by re-use, recycling, and treatment/energy recovery, and then disposal as the final option. A new Circular Economy Act was enacted in August 2024, and a new Circular Economy and Waste Route Map for Scotland was published by Scottish Government in December 2024. Officers are working with COSLA, SOLACE and Scottish Government through a co-design process, to develop the key policy and actions, including a revised statutory Code of Practice for Household Waste Recycling, which are being taken forward as part of the Circular Economy and Waste Route Map for Scotland. The Route Map and the revised Code of Practice (expected by the end of 2026) will be key in informing the development of the council's future Zero Waste Strategy to explore further opportunities for improving waste prevention, reuse and recycling performance. Single Use Plastic Ban In 2022, Scotland implemented a ban on many of the most used single-use plastic items, including plastic cutlery, plates, straws, beverage stirrers, as well as polystyrene cups, lids, tubs and food containers, to help reduce plastic pollution and to encourage the reduction of waste and to think about the use of alternative, reusable materials. In recognition of the single use plastic ban, North Ayrshire Council set up a working group and shared information on the ban through a comprehensive social media campaign with the aim of encouraging staff and residents to be ‘plastic smart’. In 2019, the Isle of Arran became the first area in Scotland to be accredited as a plastic free community in recognition of the work achieved on the island to reduce the impact of single-use plastic. Think About Plastic (TAP) Arran is a group set up to help businesses and local organisations reduce their use of plastic. Actions to reduce the use of single-use plastics will continue as an integral part of our Zero Waste Strategy. Streetscene Volunteering Strategy 2022 – 2026 and Adopt a Spot initiative The Streetscene Volunteering Strategy 2022-2026 and the supporting action plan sets out the strategic framework for the Council and its partners to support and expand the opportunities for community volunteers across North Ayrshire. This is designed to bring a range of benefits including:
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13 • Improvement in the appearance and biodiversity of our natural environment; • Opportunities to increase civic participation and foster civic pride; • Improve alignment between volunteer work and service delivery; and • Education opportunities, particularly for young people, by working in partnership with our schools and Rangers Service in delivery of the Volunteering Strategy. North Ayrshire Council currently benefits from an active network of volunteers who willingly give their time to provide valuable services for their communities. For many years, Streetscene has been supporting environmental volunteers carrying out voluntary activities in their communities to benefit the local environment. One of the most significant areas of volunteer activity is in litter picking activities. There are a number of registered voluntary groups across the area, which includes over 300 individuals who work in partnership with the Council, and recorded collecting around 3,270 bags of litter in 2025 from the Council’s open space areas. In recognition of the volunteers' hard work to improve and enhance the local natural environment, Streetscene holds recognition events to thank and acknowledge the contribution made by environmental volunteers across North Ayrshire. The next volunteer recognition event is planned for spring 2027. It is vital for the Council’s Litter, Flytipping and Dog Fouling Prevention Strategy to be successful, that community engagement continues to be supported and encouraged to develop capability and capacity. Attitudes and public perception towards litter, flytipping and dog fouling The latest Scottish Litter Survey ‘Tracking public perceptions and attitudes towards litter and littering behaviour,’ was published by Keep Scotland Beautiful (KSB) in October 2025 and was the third annual Scottish Litter Survey. The data contained in the report demonstrates that more still needs to be done to reduce the levels and perceptions of litter, flytipping and dog fouling in our communities. The report also highlights the link between litter and wider problems within society, as well as the association of litter in areas with higher levels of anti-social behaviour and crime rates. In general, across Scotland, a large majority of people in Scotland (88%) have consistently viewed litter as a problem across Scotland, with 72% of people believing that litter is a problem locally. However, this rate rises in North Ayrshire to 94% viewing litter as a problem across North Ayrshire as seen in figures 1 and 2 below.
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14 Figure 1: Public perception towards litter as a problem across Scotland and North Ayrshire During 2024, Keep Scotland Beautiful (KSB) carried out a review of North Ayrshire Council’s existing Litter, Flytipping and Dog Fouling Prevention Strategy. The review included working with elected members and management to review the national and local context, identify priorities, highlight areas for improvement and opportunities for action. A separate public engagement process was also undertaken to provide members of the public with the opportunity to share their views on how to make North Ayrshire cleaner, assess the current situation in their local North Ayrshire community, and share their views on potential priorities for action. Members of the public were invited to contribute to the review of the strategy through online public engagement workshops and an online survey, as well as an opportunity to discuss issues in person at a public workshop. The online survey received a total of 415 responses from across North Ayrshire, and reflected the questions posed in the 2023 Scottish Litter Survey. The key findings from the survey are summarised below: The public generally reported that the issues of litter, flytipping and dog fouling were a problem across the North Ayrshire Council area. • 94% of respondents agreed that litter was a problem across North Ayrshire, which is higher than the 88% of people finding litter an issue across Scotland (SLS, 2025). • Dog fouling was also perceived to be a problem across North Ayrshire, with 94% of responses finding an issue with this.
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15 • North Ayrshire responses found flytipping to be less of an issue across North Ayrshire (85%), which was significantly less than either litter or dog fouling. Community (Reporting) The council has a procedure in place for recording and dealing with complaints. Details of general enquiries are recorded in the council’s Customer Relationship Management (CRM) system, Netcall, (formally Lagan and Verint Em Pro). This information highlights numbers of specific types of fault or faults occurring in a geographical area. A number of reporting forms have also been developed to enable customers to report problems, issues or faults for the following: overflowing street bin or dog bin, street litter, water safety equipment or signage, litter, flytipping, flyposting, graffiti, abandoned vehicles, requests for bins along with requests for litter equipment and the uplift of voluntarily picked litter through the Streetscene volunteers and Adopt a Spot initiative. Data recorded on the Council’s Customer Relationship Management (CRM) system, Netcall, in relation to service requests with regards to litter, dog fouling and flytipping confirms this. The following table details the number of service requests received during the past three calendar years; 2023 through 2025. The trend indicates a modest decrease in the number of service requests received. Table 1 – Number of Litter, Flytipping and Dog Fouling Service Requests received by North Ayrshire Council’s Contact Centre Service Requests 2023 2024 2025 Litter 2856 2826 2249 Flytipping 2137 2250 2518 Dog fouling 598 584 677 Total 5,591 5,660 5,444 Encouraging the public to participate in anti-litter, flytipping and dog fouling activities through building confidence in a commitment to protect and enhance the local environment will be key to the success of this strategy.
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16 1.5 Streetscene Service Introduction The Streetscene service of North Ayrshire Council sits within Neighbourhood Services and the Place Directorate. Streetscene is responsible for the planning and co-ordination of maintenance across approximately 2,410 hectares of public open space and adopts a locality approach to service delivery, with teams allocated by area but sharing good practice across the whole council boundary. Streetscene Operations Streetscene operational activities are carried out by squads, which are arranged geographically to reflect local operational needs. The geographical areas are defined and assigned to an Area Officer who oversees all Streetscene operational activity within an area. The geographical operational areas are: • North Coast including the Isle of Cumbrae; • Garnock Valley; • Three Towns and Kilwinning; • Irvine; and • Isle of Arran (managed separately through the Arran Local Office). The Streetscene Operations workforce within each geographical area, excluding the Isle of Arran, is split into two teams; Cleansing and Grounds Maintenance. Operational Work Scheduling Operation Frequency Emptying of litter bins in town centres Daily Emptying of litter bins in housing areas Weekly Emptying of dog bins Weekly Work schedules have been created for each geographical area and for each shift based on a priority zone approach. Streetscene Operations are utilising mobile technology and
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17 using digital devices to record bin servicing. This is helping to highlight any bin assets that require attention or maintenance. In addition, as per Streetscene’s current operational plan, work is progressing to develop a route optimisation tool for the street sweeping and street cleaning duties of Streetscene. Streetscene Strategy Team The Streetscene Strategy area of the service provides a strategic direction to the Streetscene service and monitors the operational performance. Prevention activities such as education, enabling, and enforcing are primarily the role of the strategy team. The Streetscene Strategy Team consists of Streetscene Officers who play a significant role in the management of environmental crime through education, enabling and enforcement activities with regards to litter, fly tipping and dog fouling. The Streetscene Strategy Team also analyse data and information gathered from several sources which are used to map and record “hot spot” areas for littering, fly tipping and dog fouling issues. It is widely recognised that “litter begets litter” which is also applicable for dog fouling and fly tipping. This information is therefore utilised in targeting Streetscene Operations to maximise productivity and efficiency and as part of a proactive operational response. Within the Streetscene Strategy Team, there is a dedicated Environmental Enforcement Team in place to address related crime in pursuance of the Environmental Protection (Scotland) Act 1990 s87 & s33 and the Dog Fouling (Scotland) Act 2003 s1. The team currently consists of a Senior Environmental Enforcement Officer and three Environmental Enforcement Officers. A further two Environmental Enforcement Officers are currently being recruited, bringing the total number in the team to six (Senior Environmental Officer and five Environmental Enforcement Officers). The team investigates allegations of environmental crime, patrol known hot spot areas of litter, fly tipping and dog fouling incidents, and enforces by issuing a variety of cautions and fixed penalties, amongst other duties. An enforcement initiative to identify littering offences from vehicles using dash cams has also been implemented to reduce roadside litter issues. The Environmental Enforcement Team continues to be proactive in issuing fixed penalties for offences to deter offenders. The numbers issued over the last four financial years are detailed in Table 2 below.
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18 Table 2 – Litter, Flytipping and Dog Fouling Fixed Penalties Issued Fixed Penalties Issued 2022/23 2023/24 2024/25 2025/26 Litter 68 84 70 68 Flytipping 201 232 196 165 Dog fouling 22 13 32 16 Total 291 329 298 249 Scottish Government published the National Flytipping Baseline Report in October 2024, as an update on the National Litter and Fly Tipping Strategy. The report noted that North Ayrshire Council’s Environmental Enforcement Team issued more Fixed Penalty Notices (FPNs)/fines for flytipping in 2022/23 than any other local authority in Scotland. North Ayrshire issued 201 for the year; the second highest local authority was Glasgow City Council with 126 issued. Advantages of the Streetscene Approach Through implementation of the Streetscene approach, the Council has optimised resource use, in terms of both equipment and staff resources. Through an integrated approach to frontline service delivery, the Streetscene service has been able to utilise vehicles, machinery, and equipment more efficiently. The Streetscene approach has led to a multi-skilled workforce able to work across service demands, thereby increasing the level of flexibility to the council in terms of its frontline operations. Street cleanliness is measured using the Local Environmental Audit Management System (LEAMS), which in turn informs the Local Government Benchmarking Framework (LGBF) Street Cleanliness Score indicator (ENV3C). Further details of the current LEAMS mechanism that is in place to measure cleanliness performance are provided in Appendix 2. LEAMS has been the national performance indicator for street litter cleanliness since 2003. Local Environmental Audit and Management System (LEAMS) The national monitoring programme called the Local Environmental Audit and Management System (LEAMS) is administered by the environmental charity, Keep Scotland Beautiful (KSB). This approach gathers data by surveying and auditing litter and other local environmental quality indicators on streets and roads across Scotland. The LEAMS model supports the Environmental Protection Act 1990 and the Code of Practice on Litter and Refuse (Scotland) 2018.
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19 An annual report is published by Keep Scotland Beautiful which provides an overall Cleanliness Score, as per the LEAMS model, based on the percentage of streets achieving an ‘Acceptable’ Grade of A or B. Grade A example - No litter or refuse is present on any type of land. Grade B example - Small amounts of litter and refuse.
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20 Table 3 and the graph below highlight North Ayrshire’s cleanliness index standards achieved over the past five financial years. Table 3 – LEAMS Cleanliness Index (%) Scores by financial year LEAMS – Cleanliness Index (%) 2021/22 2022/23 2023/24 2024/25 2025/26 86.7 84.6 89.1 90.3 89.7 Figure 3: LEAMS Cleanliness Index (%) Score Trend In response to the review and potential withdrawal of the Litter Monitoring System (app), North Ayrshire Council worked in partnership with KSB to run the LEAMS system on an alternative platform on a trial basis. Consequently, LEAMS audits were carried out over winter 2025/26 using the 'Survey 123' app. The results were fed into the Council’s Power BI analytics platform to enable effective interpretation and reporting of results. The trials with Survey 123 and Power BI were successful, and the intention is to permanently move to this system for all future audits. The Survey 123 app will be developed to be of use for both national KPI and internal LEAMS audits.
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21 1.6 Issues, causes, areas for improvement Scale and impact of littering and flytipping in Scotland The review of the National Litter Strategy identified that a wide range of work had been undertaken by the Scottish Government and its partner organisations to reduce litter and flytipping. However, the scale and impact of litter and fly tipping continues to pose a significant challenge. This was the conclusion of a Keep Scotland Beautiful (KSB) report in 2020, which evidenced an ongoing decline in local environmental quality across Scotland and is backed by the most recent KSB annual Scottish Litter Survey, which assesses public attitudes and perceptions to litter and littering behaviour. The Scottish Government has given a strong direction through its new National and Flytipping Strategy published in 2023 on the management and prevention of litter and flytipping to help create cleaner, safer communities. All the actions set out in this Strategy are closely linked to ongoing developments by the Scottish Government and our partners to reduce waste, promote reuse and recycling and ensure the appropriate disposal of waste. Litter Litter is anything that is thrown down, dropped or deposited and left to cause defacement in a public place by any person. Littering is often spontaneous however the issue of littering also encompasses a range of human behavioural aspects and activities. It is therefore necessary to broaden consideration of appropriate prevention activities to combine the physical aspects of littering with the behavioural aspects, into a more holistic conceptual model that encompasses the environmental, social and economic factors associated with litter. Litter occurs through a complex relationship of factors. These factors – the who, what, where, when, why and how of litter– gives rise to different litter and littering patterns in different circumstances and their subsequent environmental, economic and social impacts. Litter imposes a significant cost on the Council, threatens wildlife and detracts from a clean and tidy looking environment. The following items have been highlighted as the main types and sources of litter within North Ayrshire through monitoring and auditing cleanliness levels as part of the LEAMS scoring system:
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22 • Cigarette litter – negative impacts on the amenity and a major source of litter in our town centres. This is the most littered item, accounting for about 50% of the total litter stream. • Vapes - these items are often discarded as litter which introduces harmful substances into the soil, water courses, and causes harm to biodiversity. The Scottish Government took primary action to ban the sale and supply of single use vapes via the Environmental Protection (Single-Use Vapes) (Scotland) Regulations 2024 in June 2025. North Ayrshire Council also supports this approach by promoting safe disposal options for non-single use vapes as well as other battery-based products. • Street litter – occurs in areas of high public use and where people congregate, shop or play. Street litter also tends to accumulate along school walking routes and locations, all producing a detrimental effect on visual amenity. o People litter in several locations. Areas of high public use, such as beaches, event sites, high streets, roadsides and fast-food outlet surroundings are common locations where littering occurs. • Business litter - from food and drink consumed “on the go” and from takeaway premises. • Marine litter – occurs from land-base and sea sources including litter dropped by the public e.g. food & drink packaging and smoking related waste. When considering marine litter, the source can be both land-based activity and sea- based activity. Littered items can also accumulate in other areas such as areas that unintentionally collect litter blown by the wind and collect at the end of ‘wind tunnels’, and other areas such as drains and river embankments due to the movement of the littered items from weather conditions and/or water run-off. Litter in watercourses can also arise from direct littering onto riverbanks and from water flow containing litter upstream. Why do people litter? There are a number of reasons why people litter. Common explanations given by litterers include laziness, lack of easy access to bins or overflowing bins and the need to be rid of rubbish as quickly as possible. Adequate provision of well serviced bins can certainly reduce the incidence of littering. However, littering still occurs in well provisioned areas, therefore the provision of bins alone cannot be considered in isolation. Many share the mind-set that ‘someone else will clean it up’ or ‘It’s not my job’.
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23 There are also a number of more indirect reasons why people litter – these include peer pressure or a lack of litter controls being employed i.e. education, enable and enforcement. People are also known to litter due to a lack of awareness of the damage it can cause to the environment. Why people litter can also be influenced by the actual presence of litter – litter attracts litter. How do people litter? Keep Scotland Beautiful and Zero Waste Scotland through their research, have identified and characterised a number of ways that people tend to dispose of litter. These include: • throwing litter into a bin but missing; • litter flung or dropped without concern; • litter is swept from tables or chairs; • litter is stuffed into crevices and cracks; • stubbing cigarette butts into the ground; • burying litter – wild campers; and • litter is left and the person slowly moves away from it. In addition to these detailed means of littering, other techniques include casual methods, such as throwing litter from a vehicle or failing to pick up dog excrement; inadvertent littering, for example fly-off from vehicles with uncovered loads, windblown plastic bags and the placement of household waste on the council verge in non- collection periods; or deliberate littering, such as bill posting, vandalism of bins and other property. The above aspects of how litter ends up in the public domain are important factors to consider in the development of this strategy’s action plan and whilst planning litter prevention initiatives. OB-litter-ATE North Ayrshire Council ‘OB-litter-ATE' campaign has been developed to tackle growing concerns with lunchtime litter around schools. The campaign consists of regular patrols from Streetscene Enforcement Officers and engagement with Head teachers and Campus police. Students identified for littering will be highlighted to the school, where potential sanctions are considered and an unacceptable behaviour letter is sent home to parents from the Council. Additionally, students who are seen to be acting in a responsible manner and setting a positive example to others have a positive behaviour letter sent home and are rewarded with free leisure access to sports facilities in North Ayrshire.
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24 Operation Moonbeam In partnership with Police Scotland, Scottish Fire and Rescue and internal Council services, Streetscene collaborate daily on the lead up to the 5th of November celebrations and throughout the Bonfire season to identify historical hot spots, to proactively remove large illegal deposits of waste accumulated for the purpose of fire raising, and to issue fixed penalty notices to anyone identified as depositing waste irresponsibly. The Streetscene operational team provides rapid, post-event, clean ups throughout North Ayrshire to prevent the spread of waste and litter in surrounding areas. Flytipping Fly tipping occurs where individuals indiscriminately dump waste on land, in lay-bys or any other secluded area. Fly tipping is a premeditated criminal act and can have a significant detrimental impact on the appearance and attractiveness of an area. Flytipping is known to attract more flytipping and requires prompt removal and prosecution of the perpetrator to prevent recurrence. Fly Posting North Ayrshire Council operates a successful anti-Fly Posting initiative to help reduce the volume of illegal postings on street furniture throughout North Ayrshire. Streetscene’s Enforcement Team actively engages with event organisers, local businesses and community groups to promote responsible advertising, and have erected event advertising hoardings that can be utilised appropriately. The Circular Economy (Scotland) Act 2024 sets out new powers that will support Scottish local authorities (and SEPA) to deal with fly tipping offences by allowing vehicles to be seized that have been found to be involved in specified waste crimes. The Act enabled the ability for Scottish Government to introduce a civil fixed penalty charge regime for road users who litter from vehicles by making the registered keeper of the vehicle liable. Furthermore, the Act sets out a framework to increase the maximum fixed penalty for householder fly tipping offences. Before the powers within the Circular Economy (Scotland) Act 2024 Act can be implemented, further secondary legislation is required to be laid in parliament to implement these powers, and detailed guidance relating to the use of the new powers is to be provided by Scottish Government to Local Authorities prior to implementation. Household Waste Recycling Centres In order to encourage reuse and recycling and to deter fly tipping, the council provides North Ayrshire residents with access to four Household Waste Recycling Centre's (HWRCs), which are based in Brodick, Irvine, Kilbirnie and Largs. Residents can deposit
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25 a wide range of items for reuse and recycling at no cost, which includes bulky waste items such as sofas and mattresses. A new booking system was introduced in April 2025, which is working well with positive average customer survey result scores of 4 out of a maximum of 5. Bulky Waste Reuse Partnership The council has a national award-winning bulky waste reuse partnership in place with Cunninghame Furniture Recycling Company (CFRC), which offers a free collection service (subject to availability) for the donation and collection of good quality reusable furniture and mattresses. Bulky uplift and waste collection service If household waste items are too big for residents’ bins and they cannot be donated for reuse or transported to a HWRC, the council can arrange for a bulky waste collection for a small charge which contributes towards increasing collection, haulage and processing costs. Since September 2025, the council had to change the collection service to offer two types of bulky kerbside uplifts, which are general and recyclable waste, and Waste Upholstered Domestic Seating (WUDS). Due to new SEPA guidance, WUDS must be kept separate from other waste types and can be only sent for incineration. The two types of uplift services are outlined below. • uplifts of non-upholstered waste items such as bed frames, mattresses, electrical goods and white goods, garden tools, lawnmowers and outdoor toys. • uplifts of upholstered seating waste items such as upholstered chairs, suites, settees, sofas, sofa beds. Dog Fouling Most dog owners are responsible in looking after their animals. However, the small minority of irresponsible dog owners do unfortunately persist in failing to clean up after their animals. Dog fouling can lead to an increased risk of disease if dogs are not regularly wormed. Toxocara canis can pass from dog waste to humans as Toxocariasis through contaminated sand or soil, or can be transmitted whilst playing with dogs which have licked eggs from their bodies or faeces. The National Farmers’ Union in Scotland has warned that faeces left by dogs near agricultural land can harm cattle and sheep. They have identified an increase in the cases of Neospora - a disease which spreads through the faeces of infected dogs and causes cows to miscarry.
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26 Dog fouling is a nuisance to pedestrians and walkers, and its presence is most notably a cause for concern in open spaces such as streets, parks, beaches and cemeteries. In the community engagement survey, dog fouling was in the top five most seen litter items, with 89% of respondents often seeing dog fouling across North Ayrshire.
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27 1.7 Strategy Outline North Ayrshire’s revised and updated Litter, Fly tipping and Dog Fouling Prevention Strategy has been informed by comprehensive research, engagement with elected members, community consultations, as well as data and information collected from a number of sources at both a national and local level. The strategy, supported by an accompanying implementation action plan, and additional information contained in its appendices, outlines key actions to be developed and implemented over the next four years, which will be reviewed at regular intervals. This Litter, Fly tipping and Dog Fouling Prevention Strategy has been developed with the main aim of minimising litter, fly tipping and dog waste and reducing its impact throughout North Ayrshire. The strategy continues to focus on three crucial elements responsible for changing littering, fly tipping and dog fouling behaviours through the 3 ‘E’s’ of Educate, Enable and Enforce: • Educate – effective education is a powerful tool for achieving long-term behavioural change within a community. Well-developed and integrated education programmes combined with support for community empowerment, promotional material and media support can engage communities and encourage ownership, leadership and instill civic pride. Complemented by awareness raising activities including promotional campaigns and effective communications, a strategic approach to educational activities is a key and fundamental part of this strategy. • Enable – A key element of the litter, fly tipping and dog fouling prevention strategy is to provide the right tools to ensure easily accessible litter and waste disposal facilities are available for use. Public spaces that are well maintained with regular street sweeping together with the provision of litter and dog waste bins discourage littering behaviour. An additional aspect of enabling communities is to support and encourage community involvement in clean up events and in looking after their area. There is a strong desire amongst the communities in North Ayrshire to contribute to protecting and enhancing the local environment. • Enforce – Legislation is in place giving power to the local authority to take action against individuals and businesses that litter. Powers are also provided to declare litter control areas and to ensure areas are cleaned up. Fixed Penalty Notices can be issued by the Local Authority, or on behalf of the Local Authority, or Police Scotland for littering, fly tipping and dog fouling.
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28 The Streetscene Service works with Police Scotland and participates in Multi- Agency Task Force Environmental Visual Audits which are fundamental to ensuring a multi partner approach to addressing the issues of litter, fly tipping and dog fouling within communities. Enforcement is recognised as a key strand of an effective litter, dog fouling and fly tipping prevention strategy to discourage these environmental crimes. Vision The vision of this prevention strategy is that the Council in partnership with its communities will strive towards achieving zero litter, fly tipping and dog fouling in North Ayrshire. This strategy follows on from the previous strategy; “Litter, Fly tipping and Dog Fouling Prevention Strategy, Don’t Waste North Ayrshire.” Goals The goals of this strategy are to: • minimise the amount of litter, fly tipping and dog fouling found in the environment; • minimise the incidence of litter, fly tipping and dog fouling; and • minimise the economic, social and environmental costs associated with litter, fly tipping and dog fouling. Aims The aims of this strategy are to: • change people’s hearts, minds and attitudes with regards to littering, fly tipping and dog fouling. • encourage a social contract with communities whereby we “All do our bit to protect and enhance the local environment” and highlight that litter, fly tipping and dog fouling are socially unacceptable. • shift the emphasis of litter, fly tipping and dog fouling management from clean-up to prevention. • introduce a zero tolerance to litter, fly tipping and dog fouling. • ensure a coordinated, best practice approach to litter, fly tipping and dog fouling prevention and management across North Ayrshire through the provision of education, enabling and strengthened enforcement activities.
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29 1.8 Action Plan This strategy is supported by an action plan with actions categorised into the following key areas: • Audit and Evaluation; • Education and Awareness; • Enable; and • Enforcement. Within each of the key areas, a series of actions / delivery tasks are detailed, along with the reporting frequency (for Audit and Evaluation) and a target timeframe (for Education and Awareness, Enable and Enforcement). While actions are listed within a specific key area, it does not infer that they are exclusive to it. For example, an action listed within the area of enforcement may also contain elements significant to education. This categorisation of actions has been undertaken for strategy clarity and ease of understanding.
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30 Audit and Evaluation Audit and evaluation are essential to understanding the extent of the issue and in assessing litter (including marine litter), fly tipping and dog fouling prevention and management initiatives. Currently a significant amount of data on litter, fly tipping and dog fouling is collected with their prevalence being largely defined and assessed through LEAMS audits managed through Keep Scotland Beautiful, mini LEAMS audits, service requests, complaints, anecdotal evidence and stakeholder advice. Streetscene Officers also participate in Multi-Agency Task Group - Environmental Visual Audits as part of a coordinated approach to enable quick and effective remediation actions within geographical areas. The data is used to enable the targeting of resources to hot spot areas to facilitate effective clean-up operations and to a lesser extent, to target preventative actions. It is however important to improve the litter, fly tipping and dog fouling data compiled. Information collected also requires to be fully utilised to enable more effective and efficient targeting of Council resources to the three key strands – Educate, Enable, Enforce – within this strategy. The data collected through audits, operatives and other stakeholders is analysed by Streetscene Officers. The data collected will be further used to monitor the level of disposal behaviours and used to assess the effectiveness of litter prevention and management initiatives in place throughout North Ayrshire. It is also important to monitor physical and behavioural litter trends on a town-by-town and beach-by-beach basis. It is equally important to audit and evaluate national litter trends and initiatives. The following audit and evaluation activities will be implemented. Table 4 – Audit and Evaluation Actions Actions Audit and Evaluation Reporting Frequency AE1) Participate in the LEAMS audit process in partnership with Keep Scotland Beautiful (3 per year). (Current KPI target 89%). Quarterly AE2) Ongoing monitoring of data to achieve Key Performance Indicators outlined in Streetscene Operational Plan. Quarterly AE3) Conduct mini LEAMS audits (where required) to inform operational and prevention activities. Quarterly
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31 AE4) Participate in Environmental Visual Audits (on request) with community planning partners (Housing, Police Scotland etc.) to evaluate local environmental conditions and to facilitate targeted improvements. Quarterly AE5) Review all LEAMS audit data, service request data received through the Council’s Customer Relationship Management (CRM) system, Netcall, and other data recorded to facilitate an improved and targeted approach to clean up and prevention activities, focusing on hot spot areas, including further development of data analytics. Quarterly AE6) Evaluate promotional and educational awareness campaigns to determine the effectiveness of different messages and approaches. Annually AE7) Promote collaborative learning through sharing best practice via the national Litter Managers Network. Ongoing AE8) Monitor the impact of the UK Digital Waste Tracking System (once implemented from January 2027) on the levels of fly tipping. Ongoing. From January 2027 AE9) Monitor the impact of the UK Deposit Return Scheme (once implemented from October 2027) on the volumes and types of litter being discarded Ongoing. From October 2027 Education and Awareness It is recognised that those who spoil our communities inconsiderately require education to change their attitude towards favouring our environment. Education, raising awareness and information are proactive measures carried out by the council and is aimed at preventing the creation of litter, fly tipping and dog fouling and achieving long-term, positive behavioural change through the provision of clear and consistent messaging and information. Initiatives range from school education campaigns and targeted behaviour change programmes, to participation in national information sharing networks, and the development of best practice guidelines and training. During education and awareness sessions, the importance of environmental protection is reinforced with particular emphasis on the environment and the significant financial impact of dealing with litter, fly tipping and dog fouling. Many of these initiatives, particularly the educational initiatives, can be used as stand-alone or support initiatives for other key areas of this strategy; for example, educating the public of new litter and fly tipping penalties. Many of these education, information and training initiatives require to be ongoing to achieve longer term culture and attitude changes. In addition, the importance of raising the profile and awareness of Streetscene services and the frontline operational arrangements in place to remove litter, fly tipping and dog
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32 fouling is recognised. This will be achieved through improved use of communications and the council’s social media platforms to highlight the work carried out by Streetscene. This will further strengthen the importance of entering into a social contract with communities whereby “We all do our bit” to protect and enhance the local environment. The following actions will be implemented to strengthen and provide a coordinated educational and promotional campaign. Table 5 – Education and Awareness Actions Actions Education and Awareness Target Date ED1) Liaise with other Council Services (Education and Waste Resources) to develop a litter, flytipping and dog fouling awareness and education programme that is appropriate for all levels of the education system (Nursery, Primary and Secondary Schools). 2026/27 ED2) Carry out focused interventions targeting specific areas (e.g. roadside litter, Ob-litter-ate, safe vape disposal, dog fouling in cemeteries). Ongoing ED3) Through partnership working, promote responsible dog ownership and produce responsible dog owners’ guidance. 2026/27 ED4) Continue to work with Keep Scotland Beautiful and other organisations to ensure national campaigns and initiatives are promoted and reflected in local media, social media and advertising, to encourage participation. Ongoing ED5) Review the Council’s web pages containing information on litter, fly tipping and dog fouling to facilitate improved awareness and link to relevant partner websites (KSB, ZWS, SEPA etc.). Annual Review
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33 Enable Physical intervention to enable communities to dispose of their litter and dog waste responsibly requires the provision of appropriate litter and dog waste bin facilities, complemented by the timely removal of littered, flytipped and dog waste materials. This strategy includes a number of physical intervention initiatives to ensure the provision of litter prevention infrastructure such as litter, dog waste and recycling bins and anti-litter fly tipping and dog fouling signage. Areas of particular focus for litter infrastructure include town centres, parks, beaches, and public events. While this strategy supports a preventative approach to littering, there is still a requirement for the physical clean-up of litter. In fact, current research suggests that an environment that is kept clean is less likely to attract litter. The success and effectiveness of the Streetscene approach within North Ayrshire complemented by community engagement, volunteering opportunities and empowerment activities is fundamental to achieving desired outcomes. The planned, targeted and programmed clean-up activities supported by the reactive response service are essential to providing confidence within communities that the Council is committed to ensuring that “Places and public spaces across North Ayrshire are well maintained and accessible.” It is important to instill and encourage civic pride within communities by changing people’s hearts and minds to secure long-term sustainability. Enabling activities within the strategy will complement the concept of entering into a social contract whereby “We all do our bit” for North Ayrshire. The council recognises that it cannot succeed in reducing the amount of litter, fly tipping and dog fouling in the environment on its own. It recognises the importance of working together with external groups and agencies if we are to achieve our vision of zero litter, fly tipping and dog fouling. The Council is eager to promote partnerships in an effort to raise awareness about litter, fly tipping and dog fouling and to improve and maintain standards. Through the Streetscene Volunteering Strategy and Adopt a Spot initiative, there are a number of active and dedicated members of the public who make a vital contribution to help keeping their streets free of litter by collecting and disposing of litter in their area. There are also wider community clean-up activities that are currently in operation throughout North Ayrshire including the National Spring Clean and the Clean Up Scotland campaign which are organised through Keep Scotland Beautiful as well as local community clean-up activities and Beachwatch, organised by Marine Conservation Society.
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34 This strategy aims to ensure the continuation, expansion, and increase in community participation in such events, and to develop more opportunities for community empowerment and engagement to be developed further. To support a wider approach to volunteering and community empowerment, a practical environmental improvement initiative called TARGET (Trees, Air, Rivers, Greenery, Earth and Trash) (TARGET) will be piloted to support small, visible actions that help improve the quality, appearance and safety of local places. The initiative will Equip, Empower and Encourage officers, managers, partners and members of the public to take simple, manageable action when they identify minor environmental issues while out in communities. Rather than relying solely on reporting routes, TARGET would promote a proactive “just do it” approach where appropriate, safe and proportionate. A modest allocation from available additional funding will be used to purchase small tools and equipment that can be carried in service vehicles or made available to community volunteers. These resources will support activities such as removing weeds, cleaning signs, collecting litter, addressing minor vegetation issues, and other small- scale tasks that can make an immediate difference to the local environment. TARGET is not intended to create a formal programme of work or introduce additional monitoring requirements. Instead, it will foster civic pride, reinforce shared responsibility, and encourage a community-spirited culture of taking practical action to improve neighbourhoods, streets, and open spaces. Litter, flytipping and dog fouling are community-wide issues and as such require the involvement and cooperation of a variety of stakeholders from the community, private and public sectors. The individual is the key player in litter, fly tipping and dog fouling prevention, as each person is ultimately responsible for his or her own behaviour. However, as littering continues, the issue of litter remains a community concern. It is vitally important to continue to raise awareness and encourage individual responsibility, and for other sectors in the community to be involved in the promotion of appropriate disposal behaviour, and other aspects of litter, fly tipping and dog fouling prevention and management. The following enable actions will be carried out to complement educational and enforcement arrangements:
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35 Table 6 – Enable Actions Actions Enable Target Date EN1) Ensure physical interventions (e.g. provision and servicing of bins, signage etc.) are efficiently provided for the safe disposal of litter and dog waste. Ongoing EN2) Assess and consider the suitability of technology, including the use of existing GIS applications to monitor usage of bins to enable the optimisation of resources. 2026/27 EN3) Promote the provision of all waste disposal facilities and services. Ongoing EN4) Continue to support Keep Scotland Beautiful and other partner organisations in encouraging litter, flytipping and dog fouling and flytipping prevention initiatives (such as; Spring Clean Scotland, the Great British Beach Clean and other community clean up campaigns). Ongoing EN5) Identify suitable funding sources and/or resource opportunities available for litter, flytipping and dog fouling prevention. Ongoing EN6) Develop a pilot environmental improvement initiative called TARGET (Trees, Air, Rivers, Greenery, Earth and Trash) (TARGET) to support small, visible actions that help improve the quality, appearance and safety of local places. 2026/27 Enforcement As outlined earlier in the strategy, the principal piece of litter and fly tipping legislation is the Environmental Protection Act 1990. The Act contains provisions to tackle litter, designate Litter Control Areas, serve Litter Abatement Notices, issue Fixed Penalty Notices and issue Street Litter Control Notices. The new provisions in the Circular Economy (Scotland) Act 2024 sets out additional enforcement strategies for litter and fly tipping. Enforcing litter, fly tipping, and dog fouling legislation is an essential part of a successful prevention strategy. There is also a significant desire from communities across North Ayrshire for strengthened enforcement arrangements to penalise offenders and to help discourage environmental crime.
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36 Streetscene has a dedicated Enforcement Team, supported by a Fly tipping Officer. The team are responsible for investigating environmental crimes in relation Section 33 of the Environmental Protection (Scotland) Act 1990 (Fly tipping), Section 87 of the Environmental Protection (Scotland) Act 1990 (Litter) and section 1 of the Dog Fouling (Scotland) Act 2003 (Dog fouling). The Enforcement Team has the authority to issue fixed penalty notices to anyone alleged to have committed an offence and use digital technology in the form of CCTV and body worn cameras to help evidence the findings of their investigations. The following actions are intended to secure strengthened enforcement arrangements. Table 7 – Enforcement Actions Actions Enforcement Target Date ENF1) Increase the visibility and promotion of the role of the Enforcement Team throughout North Ayrshire. Ongoing ENF2) Explore strengthened joint working arrangements between Streetscene and other services and partners (including SEPA, KSB, Police Scotland), to supplement and deter environmental crime. Ongoing ENF3) Utilise appropriate forms of media to advertise current and future changes to the value of Fixed Penalty Notices (FPNs). Ongoing ENF4) Assess and consider the suitability of technology to conduct fly tipping enforcement investigations, as appropriate, including exploring the use of fixed and mobile CCTV for identifying environmental crime. Ongoing ENF5) Strengthen data gathering and analytics for litter, flytipping and dog fouling issues to determine hot spots and target enforcement resources, including the council’s streets, parks, beaches and cemeteries. 2026/27 ENF6) Keep informed of the implementation of relevant sections of the Circular Economy (Scotland) Act 2024, develop the necessary legislative framework and utilise the new Scottish Government guidance (when published), to support consistent enforcement. Ongoing
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37 1.9 Implementation, Monitoring and Evaluation Implementation This strategy emphasises a planned, coordinated approach to litter, fly tipping and dog fouling prevention and management across North Ayrshire based on several important needs. These needs include: • avoiding duplication; • making best use of finite resources; • establishing priorities; • avoiding conflicting messages; • coordinating a diverse range of approaches; and • long-term planning. Achieving community-wide coordination for litter prevention and management is a significant challenge. A large number of organisations, stakeholders and individuals have a role to play and a wide range of resources are required. Keep Scotland Beautiful, Zero Waste Scotland and the Marine Conservation Society will enable us to work towards fostering community ownership of initiatives and identifying the resources to implement these. These organisations have a major role in facilitating links which enable organisations, individuals and the community to contribute to a planned, co-ordinated approach to litter and related issues. Monitoring and evaluation To ensure that progress and impact can be effectively measured, the Audit and Evaluation part of the Strategy’s Action Plan will assist in monitoring and evaluating ongoing progress. Many of the actions specified in the strategy involve long-term processes. Most of the key actions will continue to be carried out year on year to sustain a long-term improvement. Regular reporting will be undertaken for all action plan priorities outlined in this strategy through the corporate performance management system. Part of this process will include the reporting of measures of success and the results of projects undertaken.
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38 1.10 Financial The Streetscene Service budget has been reduced over recent years following the implementation of various efficiency measures. The council is fortunate to have an excellent volunteer network in place across North Ayrshire, who carry out a wide range of activities that support service aims, and help to reduce the cost of collecting and removing litter and waste from our communities. Council budgets continue to face significant pressures in the current financial climate, which directly affects the level of funding available for delivery of the strategy. It is therefore important that the limited budgets that are available to deliver the strategy are considered and spent wisely, to deliver the maximum return and outcomes for the level of investment available, and the service will continue to seek external funding opportunities for the council and our partners to support the delivery of the strategy. The budget (excluding employee costs) that is available for delivery of the promotion and education elements of the strategy are detailed in Table 8 below. Table 8 – Litter, Fly tipping and Dog Fouling Strategy Promotion and Education Budgets Description 2025/ 2026 Environmental Awareness (educational campaigns) £8,220 Payment to Contractors (signs, infrastructure etc) £11,544 Materials (signs, infrastructure etc) £5,139 Income from Fixed Penalty Notices £19,927 (actual) Total £44,830
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39 Appendix 1 Wider Legislative Framework The following legislation has a direct and indirect influence on the provision of controls for litter, dog fouling, and fly tipping. The legislation detailed below is not exhaustive but indicates the wider legislative framework which complements the main legislative provisions described within the main body of this strategy document. The Environmental Protection (Duty of Care) Regulations 1991 The Environmental Protection (Duty of Care) Regulations 1991 impose a duty of care on any person who imports, produces, carries, keeps, treats or disposes of controlled waste. The duty requires such persons to ensure that there is no unauthorised or harmful deposit, treatment or disposal of waste, and to prevent the escape of waste from their control. The Regulations also impose requirements on any person who is subject to the duty of care, with regards to the making and retention of transfer note documentation. Breach of the duty of care or of these Regulations is a criminal offence. The duty of care and these Regulations do not apply to an occupier of domestic property as respects the household waste produced on the property. The Environmental Protection (Duty of Care) Amendment (Scotland) Regulation 2003 The Environmental Protection (Duty of Care) Amendment (Scotland) Regulations 2003 provide local authorities in Scotland with powers to serve notice on persons who are required to keep written descriptions or transfer notes under the principal Regulations to require those persons to furnish such documents to them at their offices within a specified time. These powers are also available to SEPA. Climate Change Scotland (Scotland) Act 2009 The Act contains provisions to enable the Scottish Government to make regulations which could have a significant impact in reducing litter and empowers Scottish Ministers to introduce obligations for matters relating to waste management The Act includes the following sections which may be enacted through regulation: - Section 83 – Targets for reduction of product packaging materials Section 88 – Charges for supply for carrier bags. The Single Use Carrier Bags Charge (Scotland) Regulations 2014 come into effect in October 2014.
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40 Town & Country Planning (Scotland) Act 1997 – Section 179 Under the Town & Country Planning (Scotland) Act 1997 the Council as the planning authority can serve a Notice on the owner or occupier of land if the amenity of any part of their area or an adjoining one is adversely affected by its condition. The authority can serve notice on the owner or occupier of land which is affecting the amenity value of their area. The Notice requires the owner or occupier to remedy the condition within a certain time. The owner or occupier is required to be given 28 days’ notice by the planning authority and has the right to appeal to Scottish Ministers. Roads (Scotland) Act 1984 – Section 87 Under the Roads (Scotland) Act 1984 where any object is causing an obstruction or has been erected, deposited or placed on the road, the local authority, as the roads authority, has the power to serve Notice on the owner for its removal. The Notice period is 28 days after which the roads authority has the power to remove the obstruction. Refuse Disposal (Amenity) Act 1978 The Refuse Disposal (Amenity) Act 1978 makes it an offence to abandon on any land in the open air, or on any other land forming part of a highway, anything which has been brought to the land for the purpose of abandoning it there. The Act makes provisions for the local authority to remove the abandoned article and to recover costs for its removal and disposal. Although this legislation is primarily used for the removal of abandoned vehicles there is no reason why it cannot be used to ensure the removal of refuse from areas of relevant land. Marine Litter – Oslo/Paris (OSPAR) Convention on the Protection of the Marine Environment of the North East Atlantic 1992 The OSPAR convention influences a range of UK and Scottish legislation including the Marine and Coastal Access Act 2009 and Marine (Scotland) Act 2010. OSPAR monitored levels of beach litter, initially through a pilot project and then through a voluntary monitoring programme. EU Marine Strategy Framework Directive (2008/56/EC) The Marine Strategy Framework Directive (MSFD) will be a central element driving the Scottish Government’s Marine Litter Strategy. The Marine Litter Strategy will be the primary means of delivering on the MSFD which requires Member States to prepare national strategies to manage their seas to achieve Good Environmental Status (GES) by 2020. The key requirements of the Marine Strategy Framework Directive: • An assessment of the current state of UK seas;
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41 • A detailed description of what GES means for UK waters, with a set of associated targets and indicators; The two elements (above) form the UK Marine Strategy Part One. • Establishment of a monitoring programme to measure progress towards Good Environmental Status by July 2014; and • Establishment of a programme of measures for achieving Good Environmental Status by 2016. The Directive defines GES in terms of 11 descriptors. Descriptor 10 requires litter to be at levels where the “properties and quantities of marine litter do not cause harm to the coastal and marine environments” EU Directive on Port Reception Facilities for Ship-generated Waste and Cargo Residue (EC 2000/59) This is implemented through the Merchant Shipping and Fishing Vessels (Port Waste Reception Facilities) Regulations 2003 and the (Amendment) Regulations 2009. These regulations stipulate that Ports and Harbours must provide adequate facilities for waste disposal. EU Directive 2004/12 Packaging and Packaging Waste This Directive aims to harmonise national measures to prevent or reduce the impact of packaging and packaging waste on the environment. It contains provisions on the prevention of packaging waste, on the re-use of packaging, and on the recovery and recycling of packaging waste. Bathing Water Directive 2006/7 This Directive came into force in 2006 and was enacted in the UK by the Bathing Waters (Scotland) Regulations 2008. Whilst the criteria relating to the classification of bathing waters are bacteriological, consideration must be given to control of the litter on beaches by local authorities. Marine (Scotland) Act 2010 The Marine (Scotland) Act 2010 implements national and regional marine planning and addresses the requirements of the Marine Strategy Framework Directive (MSFD). The management of litter, while not directly specified under the Act, may fall under the scope of marine planning and licensing regime. Marine planning is critical for influencing the special extent and licence regime for many maritime activities, including activities including marine leisure and tourism.
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42 Circular Economy (Scotland) Act 2024 The Circular Economy (Scotland) Act 2024 outlines Scotland's commitment to a circular economy which is based on sustainable consumption, production, and resource management. A Route Map has been prepared by the Scottish Government that demonstrates the priorities put in place until 2030 that will shape Scotland to become a circular economy.
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43 Appendix 2 Local Environmental Audit Management System (LEAMS) The LEAMS programme is a partnership between Scottish local authorities and Keep Scotland Beautiful (KSB) whereby audits are carried out at a random selection of sites across Scotland each year collecting data on litter levels and types, sources of litter, servicing of public bins, weeds, detritus, graffiti, vandalism, gum staining and more. Knowledge and evidence showing what types of litter are affecting what locations can ensure best practice and efficiencies in cleansing operations. It also informs policies and practices to prevent litter in the first place – something we can all help with to reduce the many negative impacts poor local environmental quality has. The Code of Practice on Litter and Refuse (Scotland) 2018 (CoPLAR) Response times – Duty 1 (keep land clear of litter and refuse) The Code of Practice on Litter and Refuse (Scotland) 2018, issued under the Environmental Protection Act 1990, defines the maximum response times when a litter problem is reported within or to a local authority. The standard of street cleanliness, assessed in terms of ‘litter’ is measured using 6 categories graded as A, B, C, D, E and F. Grades A - No litter or refuse is present on any type of land B - Small amounts of litter and refuse C - Moderate amounts of litter and refuse, with small accumulations D – Significant amounts of litter and refuse, with consistent distribution and accumulations E – Substantial amounts of litter and refuse with significant accumulations F – Incidents of Flytipping and hazardous/special waste (drug related waste, broken glass, animal carcasses, car parts, chemicals and spillages) The CoPLAR (2018) Duty 1 response times are structured as four bands that recognise duty bodies (the Council) investment in prevention. It reflects that effective measures increase the likelihood of zones being cleaner for longer, which reduces the need for rapid restoration. Streetscene endeavor to maintain all sites to an acceptable’ standard (Grades A and B), and to address unacceptable Grades (Grades C-F) within the response times as set out in the COPLAR (2018). In summary, these maximum response times will only ensure minimum standards as defined by the Code of Practice on Litter and Refuse (Scotland) 2018.