Issue - meetings

Waste offences such as littering and flytipping occur within the BCP Council area, with the Council and its contractor’s undertaking education, engagement and enforcement through the use of fixed penalty notices and/or prosecution.

Following updated government guidance and changes to legislation prescribing fixed penalty amounts in 2023, the Council increased fixed penalty notice fines in May 2024. A 6-month review of the impact of this change including consideration of the number of reports of waste offences, public opinion on the new fine levels and compliance with the legislation, has been undertaken.

This review has highlighted the need for a more detailed published policy as well as consideration around a proportionate approach to smaller residential flytipping. The current Waste Enforcement Policy is due for renewal and is proposed as appended, to include changes following the review and to align to the updated guidance.

RESOLVED that Cabinet: -

(a)            Approved the updated Enforcement of Waste Offences policy at Appendix B; and

(b)           Approved the revision of the fixed penalty notices as detailed in Section 36.

Voting: Unanimous

Portfolio Holder: Housing and Regulatory Services

Reason

The previous 2019 policy is due for review and should be aligned to the new statutory guidance issued by the Department of Environment, Food and Rural Affairs (DEFRA) in October 2023. A clear policy supports the education of stakeholders on the Council’s approach and supports a proportionate but robust enforcement approach. 349

A six-month review following the increase in relevant fixed penalty notice fines has been conducted and recommends that a revised approach to flytipping is deemed proportionate to support enhanced compliance with the legislation. This approach will be supported by enhanced communication to ensure stakeholders are aware of the offences, penalties and approach by the local authority and its contractors.

The Portfolio Holder for Housing and Regulatory Services presented a report, a copy of which had been circulated to each Member and a copy of which appears as Appendix 'D' to these Minutes in the Minute Book.

Cabinet was advised that waste offences such as littering and flytipping occur within the BCP Council area, with the Council and its contractor’s undertaking education, engagement and enforcement through the use of fixed penalty notices and/or prosecution.

Cabinet was informed that following updated government guidance and changes to legislation prescribing fixed penalty amounts in 2023, the Council increased fixed penalty notice fines in May 2024, and that a 6-month review of the impact of this change including consideration of the number of reports of waste offences, public opinion on the new fine levels and compliance with the legislation, has been undertaken.

In relation to this Cabinet was advised that this review has highlighted the need for a more detailed published policy as well as consideration around a proportionate approach to smaller residential fly tipping

Cabinet was informed that the current Waste Enforcement Policy is due for renewal and is proposed as appended, to include changes following the review and to align to the updated guidance.

Councillor Farquhar addressed the Cabinet welcoming the case by case basis approach but seeking confirmation that the third party contractor investigating the fly tipping reports are meeting their service level agreement in terms of timescales as the rubbish cannot be cleared until they have carried out their investigation.

The Head of Public Protection addressed the Cabinet in response to this advising that there had been a significant number of fly tipping reports during the year which had impacted the speed of investigations. In addition the Head of Public Protection advised that a key part of the policy was promoting how things can be disposed of.

The Portfolio Holder advised that the robust communications campaign will give clarity to residents.

Cabinet members spoke in support of the policy and highlighted ways in which residents can advertise items for free.

RESOLVED that Cabinet: -

(a)            Approved the updated Enforcement of Waste Offences policy at Appendix B; and

(b)           Approved the revision of the fixed penalty notices as detailed in Section 36.

Voting: Unanimous

Portfolio Holder: Housing and Regulatory Services

Reason

The previous 2019 policy is due for review and should be aligned to the new statutory guidance issued by the Department of Environment, Food and Rural Affairs (DEFRA) in October 2023. A clear policy supports the education of stakeholders on the Council’s approach and supports a proportionate but robust enforcement approach. 349

A six-month review following the increase in relevant fixed penalty notice fines has been conducted and recommends that a revised approach to flytipping is deemed proportionate to support enhanced compliance with the legislation. This approach will be supported by enhanced communication to ensure stakeholders are aware of the offences, penalties and approach by the local authority and its contractors.