Decision details

To decide whether the fixed penalties should be introduced and at what amount they should be set.

Matter for Decision

To inform the Executive Councillor and Scrutiny Committee Members of the new powers for small scale fly tipping that had come into force under The Unauthorised Deposit of Waste (Fixed Penalties) Regulations 2016 (the Regulations), which amended section 33 of  the Environmental Protection Act 1990.

To seek delegated authority to the Head of Environmental Services to introduce the new fixed penalties and to authorise the 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 have committed a small scale fly tipping offence.

To seek authority to use the legal maximum FPN level of £400 for all small scale fly tipping offences and to give a discount of £240 (i.e. discounted fine value of £160) for early payment provided payment was made within 10 days of the date the FPN was issued.

Decision of Executive Councillor for Environment and Waste

       i.          Delegated authority to the Head of Environmental Services to introduce the new fixed penalties for the enforcement of small scale fly tipping offences and to authorise appropriate officers to issue these FPNs in accordance with section 33ZA of the Environmental Protection Act 1990. 

     ii.          Approved the adoption of the legal maximum FPN level of £400 for all small scale fly tipping offences and to give discount for early payment of £240 (i.e. discounted fine value of £160) provided payment was made within 10 days of the date the FPN was issued.

Reason for the Decision

As set out in the Officer’s report.

Any Alternative Options Considered and Rejected

Not applicable.

Scrutiny Considerations

The Committee received a report from the Operations Manager – Community Engagement and Enforcement.

The Committee made the following comments in response to the report:

       i.          Sought clarification regarding the use of the new powers to address domestic bins left on communal land.

     ii.          Questioned how much discretion officers had when applying the new powers.

The Committee unanimously resolved to endorse the recommendations.

The Executive Councillor approved the recommendation.

Conflicts of Interest Declared by the Executive Councillor (and any Dispensations Granted)

No conflicts of interest were declared by the Executive Councillor.