Warfield Resident convicted of breaching duty of care in relation to a caravan found fly tipped on the highway
David Reed aged 42 of The Hermitage, Warfield Street, Bracknell was convicted at Reading Magistrates Court on the 4th June 2021 after failing to take reasonable precautions to dispose of waste via an authorised waste controller. The trial took place in absence as Mr Reed did not attend Court for the hearing despite being notified and previously pleading not-guilty.
Officers from the Council’s Public Protection Service were informed on 12th April 2020 that a static caravan had been deposited on the highway of Malt Hill at the junction of the Ascot Road and Kingscroft Lane.
Upon inspection, it became clear that the caravan was not in use and had been abandoned on the left hand side of the road. Its siting meant that it prevented road users from having an unobstructed view of the road ahead and requiring them to cross into the right hand side lane to travel around the caravan. Furthermore, the position of the abandoned caravan obscured road signs.
The interior of the caravan was full of discarded household waste and rubbish. The waste appeared to have been in situ for some time and an unpleasant smell emanated from the interior.
Officers located documents discarded within the caravan, one of which was a bank statement addressed to the defendant.
A further identifying feature was observed on the outside of the caravan as underneath black masking tape was the wording “7a The Hermitage” which was seen next to the entrance door to the caravan and also under the window at the front of the caravan.
Enquiries revealed that “The Hermitage” is a caravan site known as The Hermitage mobile home Park, Warfield Street, Bracknell. Land Registry documents indicated that the caravan site is owned by Reed Homes Ltd. The sole director of Reed Homes Ltd is David James Reed.
After hearing the evidence, the Court found Mr Reed guilty of one offence contrary to s.34(6) Environmental Protection Act 1990 and sentenced him to a fine of £1,100 and a Compensation Order of £1,664.32 towards the cost of removal and disposal of the caravan. Mr Reed was also ordered to pay costs of £3,119.00 and a victim surcharge of £110. Totalling £5,993.32.
Councillor John Harrison, Executive Member for Public Protection at Bracknell Forest Council said, “Whether you are a business or a householder we all have a duty of care with respect to what happens to the waste we produce. This means only handing it over to someone that is licensed to take it away. Everyone should do what they can to prevent fly-tipping in the Borough.”
Residents and businesses can check that the person/business offering to take their waste is registered by visiting the Environment Agency website here - https://environment.data.gov.uk/public-register/view/search-waste-carriers-brokers
