Fly Tipping on Private Land

Fly Tipping on Private Land

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Martin_M

Original Poster:

2,071 posts

227 months

Tuesday 7th July 2015
quotequote all
Hi folks,

I recently reported a significant amount of turf that had been dumped by a homeowner within my housing development. Instead of disposing of the waste, it was dumped on a piece of land that leads to the local park. The Council's Environmental Health team visited the property and warned that on this occasion the individual in question would escape a £100 fixed penalty and the Council would remove the green waste in question. Fast forward a couple of weeks and it's still there so today I spoke with the EH officer who visited the property and he advised that he was disappointed to say that the council is refusing to remove the waste because it isn't their land. He said that he was surprised by this and has had another complaint this week from another resident regarding the same thing. The best he can do is do a land ownership search and let me know the outcome.

Almost four years ago I reported a large widescreen tv that had been dumped in the same area and eventually it was my local councillor who had the Council remove it. At that time, no mention was made of who owned the land and it appeared to be the case that whoever was supposed to deal with the report hadn't done so. I have contacted the same councillor today to see if he can perhaps use his contacts and clout to get a result. Personally, I think it sends out the wrong message to the homeowner in question as it now looks like the Council can't be bothered to do anything about it.

I do understand the politics and cost implications for the Council and recognise that they no doubt have enough to maintain never mind land that they don't own but ultimately, is is pure and simply the case that they have no obligation to remove the waste in question, legal or otherwise?

Would appreciate your thoughts.




esxste

3,684 posts

106 months

Tuesday 7th July 2015
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I'd say it's the landowners responsibility to have it removed, and to recover the costs from the person responsible. I'm not an expert though smile

eatcustard

1,003 posts

127 months

Tuesday 7th July 2015
quotequote all
Return it to the owner (if known)

Martin_M

Original Poster:

2,071 posts

227 months

Tuesday 7th July 2015
quotequote all
eatcustard said:
Return it to the owner (if known)
Who do you anticipate doing this?

herewego

8,814 posts

213 months

Tuesday 7th July 2015
quotequote all
Since it's only soil the landowner may not be concerned. I think it's up to him whether or not to ask the person who put it there to tidy it up. I'm not sure the taxpayer should get involved. It would be different if it was a hazard.

photosnob

1,339 posts

118 months

Tuesday 7th July 2015
quotequote all
What harm is a bit of turf doing? If the owner of the land doesn't care then it should be left alone. Would you like the council to start decorating houses as well if you don't like the way it looks? Sorry if this is harsh... But get a life.

Martin_M

Original Poster:

2,071 posts

227 months

Tuesday 7th July 2015
quotequote all
photosnob said:
What harm is a bit of turf doing? If the owner of the land doesn't care then it should be left alone. Would you like the council to start decorating houses as well if you don't like the way it looks? Sorry if this is harsh... But get a life.
You're entitled to your opinion but it's a pity you have to be ignorant in the process.

bad company

18,575 posts

266 months

Tuesday 7th July 2015
quotequote all
photosnob said:
What harm is a bit of turf doing? If the owner of the land doesn't care then it should be left alone. Would you like the council to start decorating houses as well if you don't like the way it looks? Sorry if this is harsh... But get a life.
If the turf isn't doing any harm the person responsible for dumping it won't mind it being returned.

ging84

8,897 posts

146 months

Tuesday 7th July 2015
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bang frozen sausages into the remains of his lawn, he'll soon want his spare turf back

Martin_M

Original Poster:

2,071 posts

227 months

Tuesday 7th July 2015
quotequote all
Lol I know it's hardly toxic waste but being a new development you would think folk would want to keep it looking nice. Instead, this person had some slats off her back fence removed and tipped half of her garden's grass at the side of the path. IMO it sets a precedent for other like-minded people to add to it over time. Given that the local authority advised the individual that they would remove it in this instance I'm going to push for them to honour that, land owner or not.

anonymous-user

54 months

Tuesday 7th July 2015
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The council should come down hard on the fly tipper and rip the ar$e out of their wallet/purse so they can sulk and tell all their mates down the pub rather than tell all their mates just dumping what they want of their stuff and it will be cleared up at taxpayer's expense.

https://eservices.landregistry.gov.uk/www/wps/port...

gothatway

5,783 posts

170 months

Tuesday 7th July 2015
quotequote all
A few years ago some oik tipped a load of greenhouse glass in a field gateway of mine, through which I needed to move both vehicles and livestock. The council weren't interested as it was on private land; the police said they'd come and have a look "within the next few days" but didn't give me a crime number, so of course no crime can have been committed, can it ? I just had to clear it up myself and get on with life. I would of course have loved to be able to return it all to the oik if I had known who it was, but suspect that I would then have caused some sort of offence myself.

Clivew

348 posts

175 months

Wednesday 8th July 2015
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We had over 100 tyres dumped on our farm. Council and police were hopeless and the Council dump wouldn't take them even if we took them there. Eventually we had to pay £2 +VAT per tyre to have them collected and disposed of.


Nuclear Biscuit

375 posts

201 months

Wednesday 8th July 2015
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Clivew said:
We had over 100 tyres dumped on our farm. Council and police were hopeless and the Council dump wouldn't take them even if we took them there. Eventually we had to pay £2 +VAT per tyre to have them collected and disposed of.

Utter bds rage

mustdash

360 posts

128 months

Wednesday 8th July 2015
quotequote all
Private land = not the councils concern. Perhaps the land owner has given permission to have it left there? A crime is only committed if the land owner reports it as such - perhaps the land owner doesn't care, or has given permission for it to be there?

Martin_M

Original Poster:

2,071 posts

227 months

Wednesday 8th July 2015
quotequote all
mustdash said:
Private land = not the councils concern. Perhaps the land owner has given permission to have it left there? A crime is only committed if the land owner reports it as such - perhaps the land owner doesn't care, or has given permission for it to be there?
If she knew the Council didn't own the land then she would have said so when she was visited by the EH and advised that she narrowly escaped a fixed penalty. On the contrary, she was apparently apologetic.

voyds9

8,488 posts

283 months

Wednesday 8th July 2015
quotequote all
If they don't know who owns the land put a fence round it and claim it in 12 years, if the legends are true


(Subject to adverse possession laws)


Martin_M

Original Poster:

2,071 posts

227 months

Wednesday 8th July 2015
quotequote all
To my surprise, a couple of guys were putting the turf onto a lorry this morning. It didn't appear to be the Council so I'm wondering if one of the housing developers owns it and has subsequently cleared it as a result.

HantsRat

2,369 posts

108 months

Wednesday 8th July 2015
quotequote all
Clivew said:
We had over 100 tyres dumped on our farm. Council and police were hopeless and the Council dump wouldn't take them even if we took them there. Eventually we had to pay £2 +VAT per tyre to have them collected and disposed of.

Should have sold them on ebay. Someone would want them. They make great crash barriers.

Greendubber

13,206 posts

203 months

Wednesday 8th July 2015
quotequote all
Is your estate managed by a company that you all pay for? If so I'd imagine the collection costs will be shared out between you all when your next bill comes out.might be worth a call if you do have a management company informing them if who put the turf there and that she needs to pay.

You never know though the lady jn question might have arranged to have it done herself.