Agenda item

Report ES16051

Regulations introduced on 9th May 2016 granted Local Authorities power to issue fixed penalty notices (FPNs) for contraventions of section 33 (1)(a) of the Environmental Protection Act 1990 (EPA) concerning fly-tipping, so providing an alternative sanction to prosecution. Report ES16051 outlined the case for introducing FPNs in L B Bromley, recommending a level of FPN at £400 with no early payment discount.

The fixed penalty notices would be appropriate for small scale fly-tipping rather than larger scale deposits by unscrupulous operators in waste management, repeat offenders, those responsible for large-scale fly-tipping, or for the fly-tipping of hazardous waste.

Local Authorities are permitted to set their own penalty levels within limits set by Government. To provide the greatest deterrent, the maximum level of fine at £400 fine, with no early-payment discount, was considered appropriate for L B Bromley. It was hoped that this would lead to a decrease in the number of small scale fly-tipping incidents and it was recommended that the Executive Director of Environment and Community Services authorise appropriate officers to issue FPNs, including L B Bromley Street Enforcement Officers, and Officersfrom Ward Security, the Council’s Parks Security and Street Enforcement Contractor. Ward Security currently issued FPNs for other environmental offences and it was intended to apply the same administration costs and methods of recovery for fly-tipping offences. Failure to pay a Penalty Notice within 14 days would lead to cases being referred to the Council’s Legal team.

In accordance with the legislation, income from FPN’s was to be spent on functions related to litter, dog fouling, and cleansing rather than a means of generating income for other uses.

Members supported the recommendations and enforcement against fly-tipping. Concerning incidents of fly-tipping at Mottingham Lane, Mottingham, further measures could be considered including a suggestion from Cllr Cartwright (Mottingham). Stop and search initiatives would continue and infrastructure measures could be included; an overheight vehicle barrier and posts would shortly be installed at certain locations. Officers welcomed any further suggestions from Members.

An examination of public incident reports on Fix My Street could also help to determine where it might be appropriate to apply measures such as covert CCTV e.g. at locations where there is a high number of incident reports. Some covert cameras had been purchased recently but it was necessary for to apply to the Magistrate’s Court for authority to use them under the Regulation of Investigatory Powers Act. 

Cllr Ellie Harmer (Plaistow and Sundridge) also made reference to fly-tipping at Kinnaird Avenue, Bromley and highlighted fly-tipped material at a private road. Although residents had paid for removal of the material no action appeared to have been taken. However, with private roads not being maintainable at public expense, it was clarified that fly-tipped material can only be removed from an unadopted or private road if it is blocking the highway. The Council had a responsibility to maintain highway access but if material was fly-tipped elsewhere in the location, it was the responsibility of residents to have the material removed.

Although the proposed level of fine at £400 was the highest that can be introduced, should the level of costs to remove the waste exceed £400, compensation for the excess costs could be pursued through the courts. 

RESOLVED that the Environment Portfolio Holder be recommended to:

(1)  approve the introduction of Fixed Penalty Notices (FPNs) for fly-tipping offences within the borough;

(2)  agree to set the level at £400 per penalty notice without a discount for early payment; and

(3)  agree that the Executive Director of Environment and Community Services be delegated to authorise appropriate officers to issue Fixed Penalty Notices (FPNs), under section 33ZA of the Environmental Protection Act 1990 (EPA), to persons whom the officer has reason to believe has committed a small scale fly-tipping offence.