Tougher penalties for littering, flyposting, fly-tipping — and handing waste to unauthorised carriers who dump it

Fenland District Council's cabinet agreed on Monday (Sept 30) to use new powers to increase, and, in some cases, more than double, the penalties it can impose for the 'environmental crimes'.

It also introduced a new fixed penalty for graffitiing and fly-posting.

A report before Monday's cabinet said: "Littering, graffiti, fly-posting and fly-tipping blight communities, impose avoidable costs on the public purse and can harm the environment, with fly-tipping being aggravated by householders giving waste to unauthorised carriers.

"Fixed penalty notices provide the council as an enforcing authority with an effective and visible way of responding to these environmental crimes."

It was agreed to introduce fixed penalty notices of £300 for graffiti and fly-posting.

And increase rates of existing fixed penalties, as follows:

• fly-tipping to £1,000 for large scale offences and £600 for low-level offences, from a previous rate of £400 for both levels
• littering to £300 from £150.

There will also be an increase to the penalty people face if they carelessly employ someone to take away their rubbish and it ends up being fly-tipped. The penalty for failing to exercise the duty of care for household waste goes to £600 from £400.

The Environmental Offences (Fixed Penalties) (Amendment) (England) Regulations 2023 increased the upper limit for the fixed penalties that can be issued for these offences.

The report before cabinet said introducing these recommended changes provides the council with a more up to date reflection of the cost to the public of these offences, is in keeping with neighbouring councils and operates as a deterrent.

In accordance with legislation, income from fixed penalty notices must be spent on cleansing and environmental functions.

Fixed penalties are an alternative to prosecution. If someone refuses or fails to pay the fixed penalty they can be taken to court and prosecuted instead.

Fixed penalties are not appropriate for repeat offenders or those responsible for large scale environmental issues.

From 2018 to 2023, the council issued 87 fixed penalty notices.

After the meeting Cllr Pete Murphy, portfolio holder for environment, said: "I'm delighted to see these increased deterrents for actions that blight our communities and cause distress to residents and harm our environment."

• The council acts when fly-tipping, graffiti and other environmental are reported. Report them via: Street care and cleansing
• Understand your legal duty of care and how to check waste carrier removing rubbish from your home are responsible to avoid getting a penalty yourself: Fly-tipping
• You can watch the discussion the cabinet meeting discussions at: Fenland District Council Meetings on YouTube

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October 2024