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Gravesham councillors to discuss increasing FPN fines for fly-tipping and littering

Offenders who are caught fly-tipping and littering could be slapped with higher fines of up to £1,000.

Gravesham council’s cabinet members will be meeting next week to discuss the proposed changes in Fixed Penalty Notices (FPN) to meet updated government legislation.

The council is considering increasing its fines. Picture: Gravesham Borough Council
The council is considering increasing its fines. Picture: Gravesham Borough Council

As part of Westminster’s Anti-Social Behaviour Action Plan, the Environmental Protection Act 1990 will be changed to allow increases in the maximum fine amount for fly-tipping, littering and duty of care.

Duty of care requires people to take all reasonable measures to ensure they only transfer their household waste to an authorised person.

Local authorities can now charge £1,000 for fly-tipping offences, a 150% increase from £400, £500 for littering, a 233% rise from £150, and £600 for duty of care, a 50% increase from £400.

In papers set to be discussed next Monday (October 2), council officers have said residents have raised the issue of environmental crime and said the fines should be increased.

In the year 2022/23, there were 3,420 incidents of the illegal depositing of waste in the borough, costing the local authority £124,916 in clean-up expenses.

The Environmental Enforcement Team (EET) has only issued 45 FPN’s for fly tipping offences, 14 for littering and 19 for failure in relation to a householder’s duty of care, in the same time frame.

An example of rural fly-tipping incidents in the borough. Picture: Gravesham Borough Council Twitter
An example of rural fly-tipping incidents in the borough. Picture: Gravesham Borough Council Twitter

The council is now considering increasing the cost of the fines but concerns have been raised this could increase the levels of non-payment as people do not have the funds to pay it.

In their report, officers added this in turn may increase the number of cases that are taken to court which will end up costing the local authority more money.

But they also highlighted the new fees will “act as a stronger deterrent to people” and will mean there are fewer offences and costs associated with them.

They added: “It is proposed that to act as a serious deterrent, Gravesham Borough Council increase the FPN amounts to the maximum allowed under the legislation.

“However, given the aforementioned considerations, it is proposed that we introduce discounted rates across all three offences and also increase the time period for the discounted payments from 10 days to 28 days

Last year officers worked with police to carry out road checks at fly-tipping hotspots
Last year officers worked with police to carry out road checks at fly-tipping hotspots

“Payment must however still be made after 28 days but within 36 days at the higher amount, or court prosecution will take place.”

If agreed by cabinet members the new fines will come into play on Monday, October 30.

The proposed rates and discounts could be £1,000 for fly-tipping discounted to £500, £500 for littering reduced to £250 and £600 for duty of care dropped to £300 if paid within 28 days.

All income raised through FPN is ring-fenced and must be used for environmental projects.

A decision is expected by Monday, October 2.

Maidstone Borough Council has decided to increase its FPN fines. Picture: Maidstone Borough Council
Maidstone Borough Council has decided to increase its FPN fines. Picture: Maidstone Borough Council

Elsewhere in the county, fly-tippers are already being hit with higher fines.

Maidstone Borough Council (MBC) has imposed the increased FPN rates as part of its waste crime team’s work to stop the illegal dumping of waste.

The decision was passed at the housing, health and environment policy advisory committee on September 7 and agreed by cabinet members on September 20.

MBC cabinet member for environments services, Cllr Patrik Garten said: “The council is determined to stamp out waste crime across the borough and the introduction of these higher fines and increased enforcement will hopefully deter people from breaking the law.

“The council’s waste crime team is working hard to reduce the impact fly-tipping has on the people of Maidstone and hopefully the new enforcement powers will help them combat this problem which is extremely antisocial and a blight on our borough.”

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