Issue - meetings

Cabinet noted that in 2015-16 the Council issued 283 enforcement notices under section 46 of the Environmental Protection Act 1990, which places a requirement on the household to place their waste in the receptacles provided by the authority and failure to comply with this notice can result in court proceedings. However the Council only prosecuted 6 cases in the Magistrates court for Fly-tipping in the same period.

In May 2016 amended legislation came into force, which allows for a fixed penalty notice (FPN) to be issued for the offence of fly-tipping, a contravention under section 33 (1)(a) of the Environmental Protection Act 1990 (EPA 1990). The fines paid for FPN’s go to the Council, whilst fines imposed by the courts are remitted to the Government. The new fine is to be set by the Council at a level not less than £150 and not more than £400 with a default of £200 if no amount is set by the authority.

Small scale fly tipping and the dumping of rubbish is an increasing problem in the District, with over 900 reported cases in the last ten months. The issuing of £400 FPNs for small scale fly tipping would send a strong message to offenders that they face prompt and robust action should they offend.

Councillor K. Gregory spoke under Council Procedure 20.1.

Councillor Brimm proposed, Councillor Townend seconded and Cabinet agreed that the Council introduce fixed penalty notices in accordance with section 33 (1) (a) of the EPA 1990 for small scale fly-tipping and the level of the fine is £400 with a reduced early payment of £300 if paid within 10 days.