Fly-tipping prosecution

Mr Michael Levy of Portsmouth has been successfully prosecuted by Winchester City Council in relation to five offences contrary to section 34 of the Environmental Protection Act 1990.

These offences relate to fly-tips discovered at Netherhill Lane in Durley, Crooked Walk Lane in Southwick and Raglington Farm in Shedfield. Two of the fly-tips were discovered on private property.

Mr Levy breached his duty of care in relation to the waste which had been within his control and which was later found at these locations by failing to ensure that it had been properly disposed of, by failing to ensure that the waste had been transferred to an authorised person for disposal and by failing to provide a written description of the waste.

Mr Levy appeared before Portsmouth Magistrates Court on Monday 5 December and pleaded guilty to all five offences.

The Magistrates fined Mr Levy a total of £1,250 for the offences. He was ordered to pay £1,576 towards the cost of clearing up the tips and towards prosecution costs and also to pay £125 Victim Surcharge.

Cllr Frank Pearson, the City Council’s Portfolio Holder for Environment, Health and Wellbeing, said:

Fly-tipping is irresponsible and spoils the environment for everyone. As this prosecution shows, Winchester City Council takes the matter seriously and will take strong action where the evidence supports it.

The Council will investigate fly-tipping on private land but is not in a position to use public money for clearance in those cases.