Agenda item

To receive the report of the Cabinet Member for Environment which sets out recent changes in legislation to deal with the significant increase in the reported cases of fly-tipping on public land in England in 2013/2014 and to seek permission to impose Fixed Penalty Fines in line with the legislation

The Chair welcomed Councillor Cook (Cabinet Member for Environment) and Wayne Best (Environmental Protection Manager) to the meeting. Councillor Cook laid out the details of the proposed policy, which were to introduce a Fixed Penalty Notice (FPN) of £400, reduced to £300 if paid within 10 days, for the unauthorised deposit of waste or fly-tipping. He explained that fly-tipping was an increasing problem in Gloucester and that prosecuting offenders was both challenging and costly. He said that the FPN would help the Council meet residents’ expectations of a clean City and that other alternatives had been deemed to be not as efficient as the FPN scheme.

Councillor Haigh welcomed this move by the Administration and drew attention to paragraph 3.10.2 of the report, which stated that a contributing factor to the problem of fly-tipping was the introduction of charges for the collection of garden waste and household items, and asked for comment on this. Councillor Cook stated that the majority of fly-tipped waste was trade waste and as such fly-tipped garden waste was not a large issue in the area.

Councillor Haigh asked if the Council had the resources to introduce and monitor FPN enforcement Councillor Cook stated that resources would always be an issue but the policy should save money and time by reducing the need to prosecute fly-tippers.

Councillor Hampson asked for clarification of paragraph 6.2, which referred to investment in new technology to assist in the implementation of this policy, with regards to the type and cost of the new technology. Councillor Cook explained that the new technology was battery operated mobile cameras, which would be deployed in areas with a high level of fly-tipping. He said that due to their deployment in Matson Park, the cameras had recorded someone fly-tipping earlier that day. He explained that the cameras cost under £450 each and that any revenue generated would be invested in new cameras. Wayne Best provided further information regarding the cameras and advised that the footage was live streamed to a secure central server and could be accessed quickly when needed.

Councillor Ryall asked for clarification of the legal definition of fly-tipping. Wayne Best explained that the definition was subjective, but that the Council would prosecute someone for dumping 10 bags or more. He explained that the Council was taking legal advice about where to set the limits of the FPN but that this was still in discussion. Councillor Ryall enquired if there would be the opportunity for people to appeal the FPN. Wayne Best confirmed this would be possible but he expected there to be a low number of appeals.

Councillor Hilton stated that it would be necessary to define what fly-tipping was. He used the example of a bag which had been left for the waste collectors but had then been kicked down the street by another party. He also raised concerns regarding the use of cameras, with reference to the Regulation of Investigatory Powers Act 2000 (RIPA) and the security of the recorded data and its transmission. Councillor Cook explained that the example provided by Councillor Hilton would not be seen as fly-tipping, as it would be a one off and also the level of waste would not be large enough to be covered by the FPN. He explained that when the cameras were in use signs would be placed nearby to make the public aware. He clarified that as the cameras were mobile, they would be periodically moved to new areas at risk of fly-tipping. Wayne Best explained that there was no intention to place the cameras for longer than 4 months at a time and that the software within the cameras could be configured to block out properties from view.

Councillor Finnegan asked how discreet the cameras were, as she was concerned about vandalism. Wayne Best explained that they could be hidden or openly displayed, depending on the area. He explained that the camera in Matson Park was concealed but in other areas they would be more openly displayed to deter fly-tipping.

Councillor Melvin stated that she thought this was a great initiative and that her preference was for a zero tolerance approach to fly-tipping. She enquired if it was possible to engage a third party to collect and enforce the FPN, with payment related to enforcement targets. Wayne Best stated that this had been looked at, as other council’s did use this approach, but that it had not been deemed suitable for Gloucester at this time.

Councillor Hawthorne welcomed the policy but highlighted the discrepancy between the level of offences and the level of prosecutions for fly-tipping. He stated that he did not see that it had been made clear in the report that the FPN was designed to deter fly-tipping rather than generate income. He asked how this would be publicised to the community, as it would not be effective as a deterrent unless adequately promoted.  Councillor Cook explained that previously the only approach open to the Council was to take fly-tippers to court and due to the weight of evidence and cost required, this was rarely done. He stated that the FPN could be enforced much more easily and as such should increase the level of prosecution. Wayne Best stated that there was ongoing work with the public to make them aware of the penalties for fly-tipping and to make them aware of the FPN.

Councillor Haigh made two recommendations, to ensure there was democratic oversight of the implementation of the policy. These were:

1.    That quarterly updates on the progress and effectiveness of the policy be received by the relevant Cabinet Member.

2.    A further report, evaluating the effectiveness and impact of the policy be presented to Overview and Scrutiny Committee in 12 months.

The Committee approved both of these recommendations.

Councillor Morgan echoed Councillor Hawthorne’s comments regarding the necessity to adequately publicise the policy and emphasised the need for it to be done in a cost effective manner. Councillor Cook agreed that people would need to be made aware but that they should already know that fly-tipping was an offence. He stated that signs were already in place regrading fly-tipping but not expressly stating about the FPN.

The Chair highlighted that social media could be utilised as a cost efficient way of disseminating information regarding the FPN. Councillor Melvin highlighted the need for accessible information on this matter, and that it be made available in multiple languages.

The Chair thanked Councillor Cook and Wayne Best for their presentation.

RESOLVED –

1.    That the report be noted

2.    That it be recommended to Cabinet that quarterly updates on the progress and effectiveness of the policy be received by the relevant Cabinet Member.

3.    That a further report, evaluating the effectiveness and impact of the policy be presented to Overview and Scrutiny Committee in 12 months.