Agenda item

Changes to the statutory Instrument governing the level of fines for fly tipping, Breach of Duty of care


Eden Geddes, Enforcement & Multi Agency Task Force Manager, introduced the report  making the following key points: 


  From 2022-2023, local authorities in England had dealt with approximately 1.8  million fly tipping incidents. Approximately 3,000 of these were in Thanet.

  In July 2023, the government published an antisocial action behaviour plan. This plan was committed to changing the laws and systems to take a zero tolerance  approach to a wide range of anti-social behaviours. 

  Within the action plan, there was the option to increase fines issues for fixed  penalty notices in relation to fly tipping. 

  The council recommended increasing the penalty limit for fly tipping offenses from £400 to £1,000. Furthermore increasing the breaches of care notices in relation to waste from £400 to £600. 


Councillors commented and asked the following questions: 


  There was support for this proposal from Councillors. 

  Fly tipping was a blight on Thanet’s community. 

  Income from fly tipping fines was considered relatively small. The increase in  penalties was centred around trying to discourage fly tipping rather than trying to  collect monetary funds. 

  Would there be more posters in the public sphere regarding the increase in penalties? 

  Was there a reason why the council did not choose to increase the fine for  littering and graffiti? 

  CCTV was considered very important within this realm, the council should make  the most of this. 

  There was an education programme that needed to follow on from this for the  public, and notably for airbnb’s.

  Mobile CCTV would be a positive if possible. 

  Was there a strategy for the council to gain more successful prosecutions?

  What was the proportion of professional fly tippers? 

  When did Maidstone council raise the penalty for fly tipping and did the council see  a decrease in fly tipping due to the charges being increased? 

  Was there a process whereby individuals can be brought into line, without being  given a criminal offense for fly tipping? 

  Had the housing associations been engaged with by the council? 

  Were the new cameras covert cameras? 


Eden Geddes responded with the following points: 


  A comprehensive communications plan would be looked into regarding new  posters. 

  This area of enforcement principally only covered fly tipping offenses, not littering offenses. 

  Investigating fly tipping was operated through prescribed legal frameworks. The  council had been making better use of CCTV resources. The work streams were  continually being developed. 

  Larger scale fly tipping scenes were principally done by professionals.

  Maidstone increased their penalties in September 2023. Currently there was no  data to confirm whether the increase acted as a deterrent. 

  There were statutory waste notices which would be enforced upon by section 46  notices. 

  Housing associations were engaged with and the council worked in conjunction  with these associations where appropriate. 

  The council had moved away from covert cameras. However, there were times  whereby the council worked with organizations with covert cameras. 


Councillors noted the report.

Supporting documents: