The news that a Southbourne resident was recently issued a fixed penalty notice for £500 for leaving an unwanted cabinet for whoever needed it to take it away gives rise to an important question…
What is fly-tipping?
According to the Bournemouth, Christchurch and Poole Council (BCP), this scenario is – i.e. the cabinet was deliberately and illegally abandoned and dumped.
The resident alleged she had been doing this for years and she didn’t regard this as doing anything wrong.
She now leaves items on her own driveway instead of on the public pavement, which appears to be acceptable to BCP.
If old furniture with a bit of life in it is left out for passers-by and it is only left out for a day or so it does seem to be to be a rather good way of recycling unwanted furniture.
But would I feel the same way if all my neighbours transferred our leafy suburb into a used furniture zone?
Probably not. If the pavements become obstructed and piling used furniture creates an eyesore, it is hardly desirable for homeowners.
Whilst John Dyne is sympathetic to the Council’s zero tolerance approach perhaps a warning would have been a more proportionate response. The resident may well succeed in overturning the FPN on appeal….
What classifies as waste?
There is a further interesting question (naturally facts specific) as to whether or not this cabinet was in fact ‘waste’.
If the resident considered the cabinet to be serviceable and of use to someone else, with passers-by removing such furniture over the years, then there is a respectable argument that the resident intended for the cabinet to be re-used.
Presumably had the cabinet not been removed by a passer-by she would have brought it back onto her property.
If you require legal advice on fly-tipping and ensuring compliance, don’t hesitate to contact John Dyne.