In December 2015, Tim Manning’s firm, TMM Holdings Limited registered a U1 waste exemption with the Environment Agency to allow the business to use waste materials on the land. A U1 exemption permits non-hazardous construction waste such as soil, stones, bricks, and concrete to be used for specific construction purposes. However, the exemption excludes the use of waste in a floodplain without first having obtained special permission from the EA.
TMM Holdings Limited failed to obtain the required permission despite being notified on several occasions and being warned the waste on the floodplain would increase the risk of flooding to the local area. Waste was illegally tipped near the Spratford Stream and caused flooding to the main B3181 Cullompton to Willand road multiple times due to reduced water storage capacity in the floodplain.
In January 2016, an EA officer discovered waste was still being tipped at Five Bridges, Willand Road, Cullompton in Devon. Despite repeated requests for Mr Manning and TMM Holdings Limited to clear the waste, Mr Manning refused to resolve the problem. An Environmental Permitting (England & Wales) Regulations 2016 Flood Risk Activity Remediation Notice was served on them in March 2017 which required them to remove the waste from the floodplain. There was no response to this Notice nor any resolution to the issue.
Overall, the company tipped more than 4,000 tonnes of waste soil, stone, and rubble on the land, increasing flood risk to the local area. Tim Manning and TMM Holdings Limited pleaded guilty to 4 separate offences under the Environmental Permitting (England and Wales) Regulations 2016 including operating a waste depositing operation without a permit and failing to comply with a notice requiring disclosure of all monies received with regards the deposit of waste on land at Five Bridges, Willand Road, Cullompton.
Exeter Crown Court fined both Tim Manning and TMM Holdings Limited £4,180 and ordered them both to pay £22,000 in costs. Mr Manning was also given 100 hours of community work.