Decision details

Cabinet had before it a report * from the Environment and Enforcement Manager and Corporate Manager for People, Governance and Waste.

The Cabinet Member for Environment and Services outlined the contents of the report with particular reference to following:

·         The report looked to explore and make recommendations regarding recent increases to the Fixed Penalty Notice (FPN) fine amount for fly tipping and breach of care for household waste offences This related to local authorities (LA) tackling anti-social behaviour in their communities.

The Environment and Enforcement Manager highlighted the following:

·         On July 31st 2023, Central Government released new legislation in respect of Local Authorities and Police powers to tackle anti-social behaviour in communities.

·         This provided LA’s the opportunity to introduce a sliding scale in respect of the fine amount. An Environmental Legal Specialist working with Keep Britain Tidy had ratified this.

·         The waste duty of care required occupiers of domestic property to take all reasonable measures available to them in the circumstances to ensure that they only transfer household waste produced on that property to an authorised person for disposal.

·         Alongside proportionate fines for each offence, the sliding scale was likely to encourage offenders to make payment in a timely manner. This reduced the cost of staff time in preparing case files for prosecution and the associated court costs.

·         There were 605 reported incidents of fly tipping. These varied in scale from singular black bags to van sized loads, with a higher percentage being the latter. This was equivalent to 96 tonnes of waste disposed of illegally.

·         The Enforcement Team was proactive in taking action against offenders, it was hoped an increased fine amount would deter those who may consider fly tipping from a commercial standpoint.

Discussion took place regarding:

·         The system was efficient of clearing the fly tipping.

·         Communication via Social Media about fly tipping.

·         The fixed penalty notices being issued on a sliding scale on a case by case basis, would this be a fairer approach? With the on the spot fines, delegated to the Environment and Enforcement Manager would that be rolled out to the officers on the ground?

·         Enforcing and prosecuting the offenders where possible on fly tipping.

·         Duty of care of household waste- how was this measured in regards to waste?

·         The prevent strategy with regards to waste and what measures were in place to ensure fly tipping could be prevented where possible?

·         The fixed penalty notice fines were at the maximum they could be.

RESOLVED that

1.    Delegate authority to the Environment and Enforcement Manager in respect of determining FPN value.

2.    To amend the fly tipping policy to allow

·         For a sliding scale in respect of fly tipping Fixed Penalty Notice (FPN) amount, with the minimum being £400 and maximum amount £1000.

·         For a sliding scale in respect of breach of duty of care for household waste fixed penalty with the minimum being £150 and the maximum amount £600

3.    To amend the fly tipping policy (see attached) for general updating purposes.

(Proposed by Cllr J Wright and seconded by Cllr J Lock)

Reason for the Decision:

The authority has a statutory duty to remove and dispose of Fly Tipping within communities. We have powers under S33 of the Environmental Protection Act 1990 to prosecute offenders for the offence.

Note * Report previously circulated.