Fly Tipping on Private Land

Fly Tipping on Private Land

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Martin_M

Original Poster:

2,071 posts

228 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.




Martin_M

Original Poster:

2,071 posts

228 months

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

Martin_M

Original Poster:

2,071 posts

228 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.

Martin_M

Original Poster:

2,071 posts

228 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.

Martin_M

Original Poster:

2,071 posts

228 months

Wednesday 8th July 2015
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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.

Martin_M

Original Poster:

2,071 posts

228 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.

Martin_M

Original Poster:

2,071 posts

228 months

Wednesday 8th July 2015
quotequote all
Greendubber said:
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.
I doubt that but I live in hope. The grounds were being maintained by the company employed by the developers at the same time which made me think they were responsible for removing it.

We don't pay anything yet - many more houses to be built so until the developers leave, we don't have a financial commitment.

Martin_M

Original Poster:

2,071 posts

228 months

Wednesday 8th July 2015
quotequote all
Ultimately, all residents will have to pay in the long run. Residents in my parents' estate pay an absolute fortune per year. For some reason, one resident has refused to pay for the last three years and the last I heard, the resident's association is taking the home owner to court.

Personally, I'll happily pay if I see a breakdown of the costs and they are justified. If it's extreme then I could be militant about it if I truly believe the costs are excessive. That said, my wife tells me we signed something relating to this when we bought the house. What rights do home owners have in this regard I wonder?

Martin_M

Original Poster:

2,071 posts

228 months

Friday 10th July 2015
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Greendubber said:
We get a breakbreakdown every year and every year I want to offer to cut my share of the little green that's in the middle of the estate.....much to the annoyance of my O/H.

We had to sign something when we got our place saying we agree to pay as its on the deeds. We also have to pay the wkers an excessive admin fee when we remortgage as the lender requires a certificate from them.

I bloody hate them!
Technically, could they charge whatever they like? Once the developers leave, do you know who actually co-ordinates it? There isn't a residents' association as far as I know.

Martin_M

Original Poster:

2,071 posts

228 months

Friday 10th July 2015
quotequote all
Greendubber said:
Martin_M said:
Technically, could they charge whatever they like? Once the developers leave, do you know who actually co-ordinates it? There isn't a residents' association as far as I know.
Yep, our estate is 5 years old so we've been under CP Bigwoods for a while now.

We do get s breakdown and predicted spend for the following year when they can be arsed to do it.
Any ideas as to the worst case scenario if you didn't pay and it went to court? Before anyone starts, obviously it goes without saying that my default position would be to pay to ensure the upkeep of where I live...but if the company really did take the proverbial with their charges?