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Landowner hit with enforcement notice for failing to clear site of waste

Article date - 30 April 2021

St Helens Borough Council has taken enforcement action against a landowner for failing to remove flytipping from their land used by an operator to illegally store waste.
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An Untidy Land Enforcement Notice under s215 of The Town and Country Planning Act 1990 has been served at the former Yates Garage at Islands Brow in the Blackbrook ward of the borough.    

Once in effect, the notice requires the landowner to remove and suitably dispose of all remaining flytipped waste within 28 days – and to remove the foil-backed insulation from the roof of the building.    

Failure to comply with the order would see the council look to prosecute which carries a fine of up to £1000 as well as taking direct action to clear the land which would be recharged to the landowner.    

The move comes after concerns were raised last winter about a former site operator illegally dumping high levels of mixed household waste on the land, with evidence of burning off rubbish which was a potential public health and environmental concern, given the location’s proximity to residential properties and adjacent watercourse.    

While an attempt was made by the landowner to remove some of the waste after a Temporary Stop Notice was served on site earlier this year, a significant amount remains - leading to the council taking further action.    

Lisa Harris, St Helens Borough Council’s Executive Director of Place Services, said:

“Local residents are quite rightly alarmed about this eyesore and their concern has led the council to take formal action to ensure the site returns to its former tidy state.   

“The council will not tolerate landowners who abdicate responsibility and allow this type of anti-social behaviour in our borough and will not hesitate to use the legal powers available to prosecute landowners when necessary.” 

St Helens Borough Council would like to take this opportunity to remind residents to be wary of who they hand their bulky waste over to as they could be liable for prosecution themselves.    

Unregistered waste carriers are known to operate and if someone offers to take away your waste on the cheap – the chances are it will end up being dumped illegally.       

Always check the credentials of those offering to carry out removal work before agreeing to do so – by checking they are registered waste carriers listed with the Environment Agency, and by obtaining a Waste Transfer Note for the waste being removed.       

Residents can arrange to have their bulky rubbish collected by the council. Find out more or book a collection here.     

To report flytipping, call 01744 676789, or visit www.sthelens.gov.uk/contactus       

Alternatively, residents can report flytipping on the council's free mobile app which can be found by searching on 'St Helens Council' in your app store.