Decision details

The Council now has the power to issue a Fixed Penalty Notice to persons believed to have been fly tipping. This report seeks approval for the Council to set the fixed penalty at the maximum £400 level within Bath & North East Somerset.

The Cabinet Member agree to set the Penalty Charge for Unauthorised Deposit of Waste (Fixed Penalty Notices) at £400  (four hundred pounds) with no discount for early payment, to reflect the seriousness with which the Council views this offence and the costs incurred in issuing the FPN and clearing the fly-tip.

When perpetrators of fly tipping are identified, it is appropriate that they receive a penalty reflecting the damage to the environment, local community and cost to the Local Authority for clearing the waste  and investigating the offence. The penalty should also act as a deterrent against future offending. It is recommended therefore that the fixed penalty for the unauthorised deposit of waste FPN should be set at £400 reflecting the seriousness of the offence and the clear up costs involved.  No discount will be offered for early payment. 

The legislation provides for the amount of fixed penalty to be between £150 and £400.  Taking into account the cost of clearing up incidents of fly tipping, the time involved investigating and enforcing against them it is considered that the level of fixed penalty should be set at the maximum of £400, with no discount for early payment.