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Notice re waste on private land

(14 Posts)
StrictlyMumDancing Thu 02-Jun-16 12:43:43

We've just received a warning under the anti social behaviour act regarding rubbish outside out property.

Few issues with this. The attached photos clearly show its the building materials being used for the clearly part built garage (yes, our builders need to be tidier and we've asked them to come and store these a bit better), so its not rubbish at all. Secondly its not just on our land, we've got photos of next door too (though it is our materials, stored there by permission of next door). All this material is on ours and our neighbours private land down our privately owned lane. It doesn't obstruct any neighbour from getting down the lane with a vehicle either. Not to mention when we started the building work our builders nicely cleared up some leftover rubbish from a few neighbours so the lane is now in a better state than it was!

Our work may not be finished in the time they've given us to get rid of everything. Can the council enforce this?

dementedpixie Thu 02-Jun-16 15:47:35

Photos? Who has complained to the council?

StrictlyMumDancing Thu 02-Jun-16 15:57:04

Sorry. I meant photos attached to the warning notice not here. Not sure if anyone has complained (certainly not to us or our builders). There's been a fly tipping problem in a nearby street and we think the officers have been having a look about the area themselves.

aginghippy Thu 02-Jun-16 16:05:32

Have you contacted the council and explained the situation? Surely the salient point is that the stuff is not rubbish, they are building materials and you are using them to construct a garage, which is due to be completed by a certain date.

AnchorDownDeepBreath Thu 02-Jun-16 16:08:18

Legally, it doesn't matter that the fly tipping is on private land - it is a criminal offence under numerous acts and it's enforced by the Local Authority. Councils are "strongly encouraged" to take action against fly tipping on private land due to the impact on communities and the environment.

You could try arguing that it's not fly tipping and is in usage, but the legal definition of fly tipping is vague, it's quite possible that it won't make a difference.

To be honest, I'd just get your builders to tidy up and store their materials adequately. It won't make a difference that your builders cleared up other waste, the council will say that you should have followed the legal process of securing the waste and reporting it.

I'd expect that you'll be fined if you miss their deadline. They are pretty strict on this type of thing. You'd then want legal counsel because the legislation is tight, and the cost of that is probably not worth the fine in the first place.

ThreeLeggedCat Thu 02-Jun-16 17:31:29

What section of the act? It should say on the notice. I'll try to give you more specific help if you can let me know. Not at work so don't have details at my fingertips but mainly - don't panic just yet.

StrictlyMumDancing Thu 02-Jun-16 17:56:01

Thank you all

three it's the antisocial behaviour crime and policing act 2014, sect 43 to 58.

We've left a couple of messages with the council but aren't getting any response as of yet. We will definitely make sure the builders are more appropriately tidy but I'm concerned that if our building work isn't finished in their time then we could get fined. Some of the stuff they've complained about includes a temporary fence that's standing upright and precisely where the fence should be. If we remove that then the neighbours kids and pets can escape so they'd rather we left it until we can permanently replace.

ThreeLeggedCat Thu 02-Jun-16 21:51:03

Thanks, Can you pm me with a copy of the notice and I'll try to help more specifically. Obviously blank out identifying info, like your name/address etc. I'm really after exactly what they want you to do - eg bullet points or paragraphs saying you need to do xy and z.

I'm an EHO not a lawyer, but I do serve notices etc for work so have some experience in them, and don't see them as too scary, Although I appreciate they are when they are served on you.

ExitPursuedByBear Thu 02-Jun-16 21:52:48

Marking my place.

ThreeLeggedCat Thu 02-Jun-16 22:00:26

So just to clarify you've just received the warning before an official notice is served? Or have they previously sent a warning letter and this is the actual community protection notice?

If it is building materials, rather than waste particularly, they shouldn't be classifying it as waste or fly-tipping as it isn't.

StrictlyMumDancing Thu 02-Jun-16 22:07:27

three thank you again. when I can figure that out I'll pm you! DH has had a look and thinks that I've taken it a bit too literally and they're only complaining about one thing that appears in the photos, so it would be good to have a view on that (even if I'm wrong grin). However that one thing is some sand that is covered to stop it spreading which is one of the list of actions we have on the notice.

StrictlyMumDancing Thu 02-Jun-16 22:11:02

Sorry, I could be completely confusing you. It does say warning letter in the heading, but in the letter it refers to itself as a warning notice. And also says 'this notice gives you the opportunity to avoid the issue of a community protection notice'. Does that help it doesn't help me clearly

MuttonCadet Thu 02-Jun-16 22:15:53

Well our council won'the do anything about fly tipping even when we have proof of who has done it.

I was told private prosecution was the only way forward.

ThreeLeggedCat Fri 03-Jun-16 08:31:28

Hi,

Yes that helps. If you are going to serve a Community Protection Notice then you have to serve a warning first, which is what you've got. So you haven't been served with a CPN just yet.

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