Published: 21 October 2022
From: Environment
A man has been fined a total of £1,660 at ºù«ÍÞapp Magistrates’ Court after fly-tipping was discovered next to garages in Ifield.
ºù«ÍÞapp Borough Council’s Neighbourhood Services Team discovered fly-tipping had occurred in garages at Linchmere Place behind Ifield Parade in August 2020.
Documents were identified amongst the large pile of rubbish which came from a business based in Langley Green.
Photos were taken of the waste and the business owner was visited by council officers. He admitted that the waste came from his premises but he had paid a third party to clear it for him after advertising for assistance on Facebook.
The person who responded and was paid to clear the rubbish was named as Robbie Burchell. He collected and transported the rubbish away in a van to dispose of it.
The council’s Community Wardens were informed and the case was referred to the council’s Corporate Investigation Team to investigate the offence. Mr Burchell was identified and traced by investigators to an address in Broadfield.
On 14 May 2021, a Requirement to Produce Authority to Transport Controlled Waste notice and a Requirement to Produce Written Information Regarding a Waste Transfer notice were served on Robbie Burchell.
Mr Burchell failed to provide the requested documents by the required date of 21 May 2021 and so on 4 June 2021, two Fixed Penalty Notices (FPNs) of £300 each were delivered to him as an opportunity for him to discharge any liability for conviction for the two offences of failing to comply with each of the Requirement notices that were previously issued.
Mr Burchell failed to pay either of the FPNs or to make any contact with the council.
Mr Burchell was suspected of committing offences under the Control of Pollution Act and the Environmental Protection Act by failing to comply with the Requirement notices served on him on 14 May 2021.
A Notice of Consideration of Proceedings letter was issued with a form inviting Mr Burchell to make a voluntary written statement under caution in July 2021 but he again failed to respond. ºù«ÍÞapp Borough Council therefore decided to instigate prosecution proceedings against Mr Burchell.
The case came to court on 15 September 2022 and Mr Burchell initially pleaded not guilty with the case then due to go to trial. However, Mr Burchell later chose to amend his plea to guilty in respect of both offences, which he stated at a subsequent hearing on 13 October 2022. The court ordered Mr Burchell to pay a £600 fine (£300 for each offence), costs of £1,000 and a victim surcharge of £60.
Community Wardens investigate incidents of fly-tipping and works with the Corporate Investigations Team to catch and prosecute the people involved.
We will continue to crackdown hard on fly-tipping. It’s an eyesore and expensive to clear up so we will prosecute. In addition, I’d urge residents to use a reputable company with a waste carrier’s license when employing someone to remove their waste.
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