“Complex” fly-tip investigation ends with Dover man paying £600 FPN

Ashford Borough Council has successfully investigated a large fly-tipping incident which it describes as “one of the most complex investigations ever carried out” by the authority’s Environmental Enforcement Team.

For more than five months, the team had been piecing together how a tipper-load sized mound of household and builder’s waste ended up being dumped in a remote part of rural Aldington.

The drawn-out process has involved multiple interviews, with the team endeavouring to get to the bottom of claims and counter-claims made by different people. Their hard work has paid off, with a £600 Fixed Penalty Notice (FPN) issued to a man from Dover. The penalty has been paid.

The large fly-tip was reported to Ashford Borough Council in September by a landowner in Aldington. The landowner initially found some invoices addressed to a building firm and during a visit to the site, council officers found letters addressed to individuals in Dover.

An interview under caution was conducted with the owner of the building firm, who insisted she didn’t recognise the waste but said she had been working at a property in High Street, Dover – a letter addressed to this same house was found in the fly-tip. 

The builder said she usually used a well-known Kent waste disposal firm to dispose of waste on site but for this job, the property owner said he’d arrange disposal of the waste himself.

An interview under caution was then conducted with owner of the High Street property. He said he didn’t recognise the waste, confirmed he had building work ongoing at the property, and insisted that he had arranged clearance of the waste with a local licensed waste carrier and provided the council with relevant documentation. 

The owner said he had not been in the property during works so didn’t know what was removed.

An interview under caution was conducted with the waste carrier identified by the property owner and he confirmed he collected waste from the High Street property on two occasions and provided relevant documentation for the waste that was collected. The waste carrier said did not recognise the waste dumped at Aldington.

The investigation took a twist when the team tracked down the previous tenant of the High Street property in Dover; interviewed under caution she recognised most of the fly-tipped waste and said it had come from the High Street property.

She had run a restaurant and takeaway business from the building before ending her tenancy in May 2024, leaving all contents within the building. She provided signed agreements between her and the landlord and provided council officers with a statement relating to the fly-tipped waste and were it originated from.

Armed with this new information, the Environmental Enforcement Team conducted a second interview under caution with the owner of the High Street property. He was told that his previous tenant confirmed the waste was from his property. 

He again denied recognising the fly-tipped waste, insisted he wasn’t there when it was removed so can couldn’t say if it came from his property.

The team concluded that the owner had used someone else to remove the previous tenant’s waste from the building and fly-tipped it in Aldington. A £600 Fixed Penalty Notice was issued for failing in his duty of care to ensure that any transfer of waste was only to an authorised person for transport, contrary to section 34(6) of the Environmental Protection Act 1990.

A spokesman for Ashford’s Environmental Enforcement Team said: “The man failed to provide an explanation how waste from his property ended up fly-tipped. The FPN has been paid. 

“This has been one of the most complex investigations ever carried out by our tenacious Environmental Enforcement Team. It has meticulously followed the leads and succeeded in piecing together the chain of events which led to this fly-tip in a beautiful part of the Kent countryside.”

Legal duty of care

Households and businesses have a legal duty of care when it comes to what happens to their waste. In the Sissinghurst case, the woman failed in carrying out checks to enquire if the waste collectors were registered with the Environmental Agency. The resident failed to inspect their authorised licence or obtain a written receipt.

Many of the leads that end with offenders being caught come from residents alerting the team to fly-tipping incidents by using the Report It page on the council’s website.

Beware rogue waste carriers

The team advise that fly-tippers often target households via social media or local advertising, luring customers in with cheap rates to dispose of unwanted furniture, building rubble or garden waste. But these unlicensed waste carriers often simply dump the waste wherever they can get away with it, including in Ashford’s country lanes. 

Householders or small businesses found to be using these rogues to dispose of their waste can be prosecuted by Ashford Borough Council, with FPNs of up to £600 per offence. Failure to pay may result in court action. 

If using a commercial service, you should check whether someone is licensed to carry waste by calling the Environment Agency on 03708 506506 or visit the Environment Agency website.    

It also helps if householders receive a written receipt or transfer note, including contact details, description of waste removed and details of where the waste is being taken to.