The report of the Strategic Director, Place (Document “G”) provides an update on Environmental Enforcement and provides information on the number of fly tips reported to the council and an analysis of relevant waste data.

Recommended

That the Committee continue to receive an annual update on fly tipping and enforcement actions for consideration.

The the 2021/22 update be scheduled for January 2022 and every year thereafter to allow future briefings to include benchmarking data and trend analysis drawn from DEFRA’s annual release which normally occurs in Oct/Nov of each year.

(Amjad Ishaq – 01274 431066, Stuart Russo – 01274 437146)

The Environmental Enforcement Manager and the Senior Technical Officer both attended the meeting and presented the report of the Strategic Director, Place (Document G) which provided an update on Environmental Enforcement and information on the number of fly tips reported to the Council plus an analysis of relevant waste data.

Whilst fly tipping had increased in June, July and August, it was now reducing again and Officers were waiting for the annual statistics from the Department for Environment, Food and Rural Affairs (DEFRA) to compare with national figures.  Local statistics suggested that the majority of residents were disposing of waste appropriately but the composition of waste had changed since the previous year.  The number of enforcement staff had been affected as they were deployed elsewhere during the COVID-19 pandemic including the set up of local support hubs.  Additional details were provided to the Committee around the work undertaken and the impact on enforcements and prosecutions due to staffing and reduced capacity in the court system.  Interviews had also ceased until risk assessments could be completed.  Officers advised that fly tipping was difficult to prevent and cameras which monitored the issue had been removed.

Members commented on the following:

·         Were risk assessments complete in view of further lockdowns as there were no details of these in the report?  In response, Officers advised that the principle was similar to that in waste management and risk assessments were carried out at each site.  Due to the backlog in the courts system, only the most serious cases were being heard so processes had been adapted accordingly.  Additional wardens were recruited with staff working from home or in COVID-19 safe buildings giving the flexibility needed to respond.

·         A Member stated that this was another service which had adapted with staff working to keep it going and wished to thank the staff involved.

·         In relation to previous years’ figures, it was felt that it would be useful to have information to show performance and to see the outcomes of warning notices and details of the outcomes of actions taken in relation to illegal waster traders.  In response, Officers advised that previous performance figures could be included going forward and explained a dip in performance in the prevailing year was due to new staff and the impact of the need to train and gain knowledge and experience.  Explanations were also given around the scope of available actions which were taken which had produced significantly positive outcomes.

·         Would enforcement around fly tipping of domestic waste in bin bags be rolled out and what was the outcome if the offence was not admitted?  In response, Officers advised that some work by wardens using bodycams had been undertaken with Police and Criminal Evidence Act (PACE) interviews held on doorsteps.  Work of this nature could be carried out once additional training had been completed by more Wardens.

·         Crime scene tape and notices to say that the Council were aware of the issue, were used for fly tipping, could this be used if on private land?  Also, regarding litter dumped from vehicles, what evidence is needed to convict?  In response, Officers advised that crime scene tape and an adhesive label was attached to dumped waste.  Landowners are responsible for clearing waste dumped on their land but this could be looked at as the label is intended for public land only at present.  Members were reassured that prolific fly tippers were being pursued.  With a recent change to legislation it is now easier to address littering/fly tipping from vehicles.  A letter is sent to the registered keeper of the vehicle asking for details of who the offender is.  The registered keeper will now be held responsible if no additional information is received.  This system had been introduced and implemented in July/August of 2020.  It does have to be captured on camera (dashcams etc) in order to proceed on this basis or, alternatively, if the person reporting is willing to make a statement then proceedings can start against the alleged offender without video or photographic evidence.

·         A comment regarding health and safety was made as a result of crime scene tape and waste being left prior to collection.

·         Heaton Woods was a fly tipping hotspot, what resources did we have to catch offenders?  In response, Officers advised that the problem occurs in an area which was difficult to capture with cameras due to its length.  Cameras were in use but their location was not discussed.

·         How many cameras does the district have and how do Ward Councillors request cameras to be fitted?  In response, Officers advised that the Council’s contractor manages CCTV systems and bus lane cameras which are a mix of fixed and Viper cameras.  Wildlife cameras capturing images and motion detectors are also deployed but usefulness is limited.  There were currently 35 fixed and 15 Viper cameras in operation and a review of their effectiveness was already underway.  If there is a fly tipping issue, it should be reported to the relevant Warden or Enforcement Manager who would then look into whether a camera could be effectively deployed.  Staff are trained to install cameras but the process of assessing and site and installation is a lengthy one.

·         Could signs be put up to deter fly tipping?  In response, Officers advised that a poster/sign campaign had been postponed due to COVID-19 but these would be coming out soon.

·         Was there a contingency in place to avoid increased fly tipping around Bonfire Night?  In response, Officers advised that more Wardens had been recruited and deployed staff were also assisting but it was difficult to know how bad it would be.  The priority would still be to ensure people are warm and fed etc.  An emergency meeting had taken place but it would be different from last year due to various issues, such as staff going in Police vehicles due to the rule of 6 etc. imposed due to COVID-19.  As much rubbish as possible will be removed to avoid waste being turned into bonfires.

Resolved –

That the 2021/22 annual update be scheduled for January 2022 and every year thereafter to allow future briefings to include benchmarking data and trend analysis drawn from DEFRA’s annual release which normally occurs in Oct/Nov of each year.

ACTION: Strategic Director, Place