In many towns around the UK, you don’t have to look far to see neglected kerb sides, pavements and gardens, whether it be from overgrown weeds or garden plants or an accumulation of rubbish. The Environment Agency and local councils have certain powers to force property owners into action.
Hull City Council environmental officers took action against Lynn Fish, who has been subject to prosecution and fine of over £1,000. She was deemed to have failed to deal with the condition of her land by not maintaining the cleanliness of the property on Doncaster Street, Hull, after members of the public had complained about its state. Hull Magistrates Court found in favour of the council, in that by not taking better care of her property, Miss Fish had contravened Section 80 of the Environmental Protection Act 1990. The offence resulted in a criminal record as well as fines and costs of £1,413.
Head of street cleansing and waste management at Hull City Council, Doug Sharp, said the council would “always listen and respond to complaints from the public about untidy land.” He said: “Occupiers and property owners must take responsibility for any waste on their land as it blights neighbourhoods and is unfair on other residents. We will continue to ensure that there are consequences for failing to take responsibility.”
In the pretty village of Monks Eleigh, near Lavenham in Suffolk, homeowners Sandra Goodard and Paul Brooks were served with a notice by the District Council to clear their garden of anything “not strictly necessary or associated with the ordinary use of the property as a home”. The couple operated their waste clearance business from their home.
The front and back gardens had been consumed by huge amounts of items salvaged from house and garage clearances, and items salvaged from hotels and pubs, which were “organised” into various piles of junk around the house. Ms Goddard described herself as “a bit of a hoarder” but said they collected things they could save from landfill to recycle and sell at car boot sales. She confirmed that the enforcement notice would not be appealed but was “all being sorted at the moment”.
How can you tackle excess household waste?
Most councils provide residents with the opportunity to dispose of normal levels of household waste through regular rubbish collections, household recycling schemes or council tip facilities. Bulky household collection services are also usually available through the council.
Those unable to use their local council’s services to collect and remove waste must ensure that any private contractor has a waste carriers licence and is authorised to remove waste responsibly. A legitimate carrier will be able to provide you with a waste transfer note when they have disposed of your waste.
Flytipping or ‘slytipping’
Ultimately, every householder or business is responsible for their own rubbish and has a duty of care to ensure it is disposed of responsibly. If your waste is found to have been dumped by fly-tipping, you could end up being prosecuted. This is the case even if a someone else, such as a disreputable waste remover, has dumped it.
In addition, the person allowing the use of a vehicle to dump rubbish illegally can be prosecuted, even if the identity of the driver is not known.
Flytipping action and penalties are enforceable by the Environment Agency as well as local councils and the police, and the penalty can be an unlimited fine and prison sentence.
Slytipping is the practice of getting rid of waste perhaps without realising it is actually flytipping. This ranges from putting additional waste next to a bin, presenting bins and recycling out at the wrong time, putting waste in someone else’s bin or public litter bins, and presenting trade waste as domestic waste. If you suspect someone of slytipping, you should report the activity.
Need to report a waste problem?
To find out who to contact in your local area, use the www.gov.uk website postcode search facility: report-flytipping
Crimestoppers will deal with serious and organised waste crime and has advice on how to report flytipping.
Clearwaste.com has a free service for reporting flytipping which it reports directly to the council or registered land owner.