Issue - meetings
Fixed Penalty Fines for Fly Tipping Offences
Meeting: 11/01/2017 - Cabinet (Item 62)
62 Fixed Penalty Fines for Fly Tipping Offences PDF 131 KB
To consider the report of the Cabinet Member for Environment updating Members of the 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 seeking permission to impose Fixed Penalty Fines in line with the legislation.
Decision:
RESOLVED:
1. Unauthorised Deposit of Waste (Fixed Penalties) Regulations 2016 which came into force on 9th May 2016 be noted.
2. The penalty charge for Unauthorised Deposit of Waste (Fixed Penalty Notices) be set at £400 (four hundred pounds) reduced to £300 (three hundred pounds), if paid within 10 days.
3. That authority be delegated to the Strategic Director under the Environmental Protection Act 1990 (as amended) to make appropriate arrangements for the issuing of fixed penalty notices for the unauthorised deposit of waste.
4. Officers be supported in investigating and utilising additional resources and new technology (mobile CCTV) to reduce incidents of fly tipping across the City.
5. The growing importance of partnership working (including County wide), information sharing, education and tougher enforcement to deal with the growing issue of fly tipping be recognised.
6. Quarterly updates on the progress and effectiveness of the policy be received by the relevant Cabinet Member.
7. A further report, evaluating the effectiveness and impact of the policy be presented to Overview and Scrutiny Committee in 12 months.
Minutes:
Cabinet considered the report of the Cabinet Member for Environment (Councillor Cook) which updated Members on the 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 which sought permission to impose Fixed Penalty Fines in line with the legislation.
Councillor Cook reported that the proposals aimed at reducing the significant increase of incidents of fly tipping within the City and the associated resourcing costs in a more effective and less costly manner . He noted that that the Council already had a number of preventative programmes in operation aimed at reducing fly-tipping, including educational visits and trade waste agreements with local business. He concluded by reporting that Overview and Scrutiny Committee, at their meeting on Monday 9th January had made the following recommendations which he was happy to accept:
a) Quarterly updates on the progress and effectiveness of the policy be received by the relevant Cabinet Member.
b) A further report, evaluating the effectiveness and impact of the policy be presented to Overview and Scrutiny Committee in 12 months.
Councillor Norman (Cabinet Member for Performance and Resources) supported the proposals but expressed concern on how the Council would effectively enforce the policy and prosecute individuals caught fly-tipping.
Councillor Cook reported that current legislation made it extremely difficult for a successful prosecution to be bought forward. He advised that under the new regulations, the process had been streamlined, noting that any money generated from the proposals would be re-invested into resourcing further enforcement action.
Cabinet Members supported enforcement action against anyone caught fly-tipping and stressed the continued importance of preventative programmes for residents and businesses.
RESOLVED:
1. Unauthorised Deposit of Waste (Fixed Penalties) Regulations 2016 which came into force on 9th May 2016 be noted.
2. The penalty charge for Unauthorised Deposit of Waste (Fixed Penalty Notices) be set at £400 (four hundred pounds) reduced to £300 (three hundred pounds), if paid within 10 days.
3. That authority be delegated under the Environmental Protection Act 1990 (as amended) to the Corporate Director to make appropriate arrangements for the issuing of fixed penalty notices for the unauthorised deposit of waste.
4. Officers be supported in investigating and utilising additional resources and new technology (mobile CCTV) to reduce incidents of fly tipping across the City.
5. The growing importance of partnership working (including County wide), information sharing, education and tougher enforcement to deal with the growing issue of fly tipping be recognised.
6. Quarterly updates on the progress and effectiveness of the policy be received by the relevant Cabinet Member.
7. A further report, evaluating the effectiveness and impact of the policy be presented to Overview and Scrutiny Committee in 12 months.