Councils and residents - catching fly-tippers

A recent fly-tipping conviction has provided a good example of councils - and residents -  coming together to combat this anti-social behaviour.

Shane Walker of Swanley pleaded guilty to fly-tipping crimes at Sevenoaks Magistrates Court last week (5 January) and was fined £2,530. He had been investigated by Sevenoaks District Council's Environmental Enforcement Team, and was charged with four fly-tipping offences in:

- South Ash Road, near West Kingsdown (3 November 2020)

- Crockenhill Lane, Eynsford (on or before 9 November 2020)

- Chelsfield Lane, Shoreham (27 March 2021)

- Rabbits Road/ Canada Farm Road, South Darenth (also 27 March 2021)

As SDC's press release makes clear, their investigation work (which included tracing paperwork in the fly tipping to businesses who had paid for their waste to be disposed of) was assisted by a KCC employee observing and recording the registration of the (hired) vehicle used in the first incident and by observations of local residents in the final incident. 

In the case of Chelsfield Lane, this was recorded on a KCC-installed CCTV camera following a number of fly tipping incidents.

District Councils lead on the response to fly tipping, but KCC works with them in a number of ways (ranging from camera deployment to county-wide campaigns to increase householders' and businesses' awareness of their responsibility for disposal of their waste), and this case is a good example. 

Given the severe incidence of fly tipping in rural areas such as Sevenoaks North and Darent Valley, I have on a number of occasions sought to work with SDC and KCC officers, and there is a strong and effective working relationship between them. I hope to be able to report on other examples of successful cooperation in future.

A new commitment on fly-tipping

KCC's new policy of introducing a modest charge on certain forms of 'non-household waste', such as rubble and hardcore, at its 18 Household Waste Recycling Centres (HWRCs) will come into effect on 3 June.

The policy is a controversial one, with many residents concerned that it will lead to an increase in fly-tipping, especially in rural areas (such as my own Division of Sevenoaks North and Darent Valley). The County Council argues that experience elsewhere - and many other authorities have introduced such a charge - does not indicate that fly-tipping will increase. There is evidence to support this claim, but it isn't widely accepted (as I know from my own experience of discussing the issue at parish and residents' association meetings).

At the County Council meeting last Thursday, KCC Leader Paul Carter, while confirming that the charges will go ahead, made three key announcements linked to its implementation:

• Despite earlier concerns, agreement has been reached with Medway Council that the reciprocal rights of each council's residents to use the other's recycling facilities (an important issue for Kent residents living near the Medway border) will continue unchanged
• A new KCC HWRC will be established at Allington in Tonbridge and Malling (and near Maidstone) to serve the local area and ease pressure on Medway's facility at Cuxton
• £250,000 will be invested in additional measures to work with District Councils to tackle fly tipping, including ultimately bringing prosecutions against offenders

All these announcements are very welcome, especially the last. I have always regretted that the County Council, as part of its heavy savings requirements in recent years, had to scale back the 'Clean Kent' initiatives by which it worked with the Districts to tackle fly tipping. This went beyond our statutory duties but was well worth it. We still provide some enforcement support and expertise, but hopefully this new commitment will get us back a little to the more extensive role taken by the County Council in tackling what remains one of resdients' most common concerns.

Community Wardens for the villages

When Steve Armstrong, the highly-regarded Community Warden for Crockenhill, Eynsford and Farningham retired earlier this year, the County Council committed to finding a replacement as soon as possible. At the same time, it was recognised that the recruitment needed to be undertaken along with a number of other appointments to the Warden service. Until this took place, other Wardens covering the Sevenoaks area would serve the three villages on a rotational basis.

This recruitment round has now taken place. All the advertised posts were filled; however, the person appointed to Crockenhill, Eynsford and Farningham had to withdraw at a late stage. It has therefore, regrettably, not been possible to fill the post at present. However, Paul Sharrad, the new Warden for Swanley, will now also cover Crockenhill (as well as Swanley Village and Hextable) as and when required. Similarly, Paul Robertson – who is very well-known in Darent Valley as the Warden for Shoreham, as well as covering Otford - will cover Eynsford and Farningham when required. Thus all the villages should get more frequent and more personal coverage than has been the case since Steve’s retirement.

KCC hopes to fill the vacancy in the next recruitment round. However, the interim solution proposed by the Service should provide a valuable enhancement to the Warden presence in the three villages.

Sentencing in Shoreham fly-tipping case

I reported some time ago (post of 22 March) that an alleged fly-tipper was due to be brought to court over offences committed in Bromley and Kent, the latter chiefly in parts of Shoreham Parish.

Mr Jason Newnham, owner of the waste business JJ Clearances, pleaded guilty to 13 fly-tipping offences at Bromley Magistrates Court on 24 July and was sentenced on 6 August to 240 hours of unpaid community work and to pay compensation and clean up costs of £6,030. Mr Newnham stated that the waste was tipped by his son without his knowledge, but prosecutors pointed out that, whatever the truth of this might or might not be, Mr Newnham was liable under law for his son's actions.

The District Judge told Mr Newnham that he was lucky to escape a custodial sentence, and that this was only because of the view taken by the previous bench. In ordering costs and compensation the Judge said that it should not be left up to the council tax payers of Bromley and Kent to bear the costs of Mr Newnham's offences.. The £6,030 should come from Mr Newnham, even if it took him several years to pay.

The prosecution followed a joint investigation by Bromley’s Public Protection and Street and Environment Departments, and KCC's Environmental Enforcement Team. Their efforts and excellent joint working have been rewarded with success.

You can find an article in KOS Media on the sentencing, and incorporating comments from my colleague David Brazier, whose portfolio includes responsibility for waste issues, here.

Redmans Lane fly-tipping: case due in May

Fly-tipping remains a serious problem on many of Darent Valley's relatively remote country roads, and Redmans Lane has suffered more than most.

Two men are due to appear for a first hearing at Sevenoaks Magistrates Court on 14 May. They are charged with fly-tipping offences in Redmans Lane, as well as Chelsfield Lane, a site in Sundridge and a number of sites in the London Borough of Bromley.

The bringing of these charges follows extensive cooperation between Kent County Council and Bromley Borough Council.