Decision details
Adoption of fixed penalty notices for fly-tipping
Decision Maker: Cabinet
Decision status: Recommendations Approved
Is Key decision?: Yes
Is subject to call in?: Yes
Purpose:
Fly-tipping is the unauthorised dumping of
waste and is a criminal offence under section 33 of the
Environmental Protection Act, 1990.
In Tower Hamlets, fly-tipping is a growing problem with a
significant negative impact on local environmental quality, borough
cleanliness and resident satisfaction.
Regulations introduced in 2016 granted Local Authorities the power
to issue fixed penalty notices (FPNs) for fly-tipping offences,
with discretion to set the maximum value and level of early payment
discount.
This report recommends adoption of the maximum £400 FPN for
fly tipping offences, and asks the mayor and cabinet to consider
and agree on the level of early payment discount in line with
government guidelines. This will provide a more immediate,
efficient and proportionate response to tacking fly-tipping across
the borough.
Decision:
DECISION
1. To adopt the power to charge a Fixed Penalty Notice (FPN) amount of £400 for fly-tipping offences with no early payment discount.
2. To delegate authority to the Director of Place to authorise appropriate officers to issue fixed penalty notices (FPNs), under section 33ZA of the Environmental Protection Act 1990 (EPA), to persons whom the officer has reason to believe have committed fly tipping offence.
Action by:
CORPORATE DIRECTOR, PLACE (A. SUTCLIFFE)
(Divisional Director Public Realm (D. Jones)
(Business Manager Operational Services (R. Williams)
Report author: Inlia Aziz
Publication date: 31/01/2020
Date of decision: 29/01/2020
Decided at meeting: 29/01/2020 - Cabinet
Effective from: 08/02/2020
Accompanying Documents: