Agenda item

The Executive considered a report seeking authority to issue Fixed Penalty Notices for fly tipping. Members noted that, under the Environmental Protection Act 1990, Councils could introduce fixed penalty notices for fly tipping, up to a maximum of £400 for each incident of fly tipping.

The Executive noted that the report had recommended a lower fee for early payment of the fine. However, given the severity of the impact of fly tipping on local communities, the Community Portfolio Holder proposed an amendment to the recommendation to remove this option.

Consideration was given to widening the scope for allocating funds collected through such fines, but it was noted that DEFRA guidance specified that this should be used for prevention, detection and investigation of future offences.

The Council had previously placed messages in Heathscene, highlighting issues around fly tipping, including responsibility for third party tipping. Members agreed that this message should be reinforced through Heathscene and web page messages.

Resolved to

(i)           Set a fixed penalty of £400, with no reduction for early payment, in accordance with the Unauthorised Deposit of Waste (Fixed Penalties) Regulations 2016;

(ii)          Delegate to Executive Head of Community, in consultation with the Portfolio Holder for Community, the ability to vary all environmental Fixed Penalty Notice charges in accordance with legislation; and

(iii)         Agree that revenue raised from fixed penalty notices be used on prevention, detection and investigation of future offences.