Fly tipping on private RoW

w3526602
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Location: south wales

Re: Fly tipping on private RoW

Post by w3526602 »

Hi Rob,

This subject is interesting. But annoying too.

I have to pay to dispose of my materials into a landfill site. Apparently land fill is not a "good thing".

My mate has to pay for materials to landscape his garden. Those materials are dug out of a quarry. Also not a "good thing".

All we want to do is cut out the middle man. I win, my mate wins, the planet wins .... but somebody doesn't collect the various taxes.

Industry is producing tons of future waste every day. But legislation is preventing the past production from being disposed of. Doh! Stick it all in a rusty, untaxed, untested, Transit van, book an MOT, and park it on a double yellow while you nip into a shop for some fags. :wink:

602
602 (That was my "last three")
w3526602
Posts: 446
Joined: Mon Sep 20, 2010 4:58 pm
Location: south wales

Re: Fly tipping on private RoW

Post by w3526602 »

Hi,

Yesterday, I loaded my SUV (goods vehicle?) with half a dozen buckets of MY rubble, and a load of timber off-cuts, etc, and drove to a privately owned waste site (owned by a large waste disposal company). As I drove into the yard, I saw a sign saying "No traders, this site is provided by ****** Council for the community", or something like that. This is the same council that refused my plasterboard, and I understand limits residents to three sacks of rubble per year, after security vetting.

Anyway, I drove in, reversed up to a skip. A lad approached me. "Which skip for wood?" I asked. He pointed to the skip next to the one I was parked against ........ and returned to his office. The skip I was parked against was half full of hard-core, so there was very little walking involved. We gave the lad a smile and a wave as we departed, which he returned. Apart from this site being 25 miles from home, rather than the 15 miles to the Council Amenity Site, it was not an unpleasant experience. I'm going again tomorrow.

But it ruins a perfectly good rant. :D

602
602 (That was my "last three")
Roblewis
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Re: Fly tipping on private RoW

Post by Roblewis »

Interestingly Waste sites have ready outlets that will pay for large amounts of hardcore materials and timber - they are the easiest to either treat or recycle in some way for further use.
RUHEAP
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Re: Fly tipping on private RoW

Post by RUHEAP »

zaax wrote:Talk to your council about it.
years of experience. fly tipping on your row is your problem but different councils react in different ways. suggest face to face chat with them asap. at the moment its a hot potato. councils are always after cheap brownie points.. especially if it plays on public sympathy & in the media. especially tv programs with again with public interest & tiny outlays..
RUHEAP
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Re: Fly tipping on private RoW

Post by RUHEAP »

RUHEAP removed a 5'' fir tree from a ROW. The council say that this has to be replaced as its on Tree Preservation Oder land. Thus I HAVE to purchase a mature OAK tree from a council specified place,. Then 3 people turn up. 1 to dig the hole it goes in. 1 to supervise the digger. 1 to chack all is in order. That's not the end of it. For 3-6 months one comes to water it with his supervisor . All to get rid of a twig. That twig can be as small as a a few mm's. in the ROW. or even ANY PLACE on the TPO land Oh by the way also PAY the costs for all these people and their time transport etc. till the new oak tree is pronounced all in order...
RUHEAP
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Re: Fly tipping on private RoW

Post by RUHEAP »

Comment about moving ROW soil. Surrey Heath when they see this they say it is more than a simple moving of soil and needs planning permission which they automatically refuse.
RUHEAP
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Re: Fly tipping on private RoW

Post by RUHEAP »

re the party who said speak to the council. I have been speaking to the council for 11 years. they give me the same old reply... move it,,, of course you can pay the council to move it.. in fact if u pay anyone they will move it. qed why should i pay to move someone elses 100 tons + of stinking very dangerous filth.......where would that stop....the law needs changing..either that or police charge the law breaker instead of passing the buck..by calling it a civil case..breaking the law is breaking the law..if its on the sea or in your garden...the council say no to burying it...or covering it....
andrew54
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Re: Fly tipping on private RoW

Post by andrew54 »

Roblewis wrote:YES

You can move soils around your OWN land but not from one ownership to another
I think you are wrong. You are probably thinking of waste legislation. I do not consider soil to be waste, ever. Also this legislation applies to vehicles used for trade. It does not apply to domestic DIY people. It does not apply to wheelbarrows.
Roblewis
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Re: Fly tipping on private RoW

Post by Roblewis »

Andrew54

Sorry but the European Court has already been there and if you move soil to another ownership then you do not want it and thus it is waste. Also you will find flytipping applies to ALL persons and not just commercial. The odd wheelbarrow you may well get away with but it sooon becomes noticed if done regularly or sizeable amounts.

Yes I agree that the law is restrictive but we are currently stuck with it and as long as global warming and use of resources are issues we will be stuck with it.
w3526602
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Location: south wales

Re: Fly tipping on private RoW

Post by w3526602 »

Sorry but the European Court has already been there and if you move soil to another ownership then you do not want it and thus it is waste.

Hi,

I have a pile of soil. I'm happy for it to stay where it is.

My mate visits, sees the soil, says he wants it. We agree a price. He carts the soil away.

I would argue (and probably lose :D ) that the soil is wanted, and therefore not waste.

602
602 (That was my "last three")
despair
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Re: Fly tipping on private RoW

Post by despair »

I can think of several frecycle/freegle groups where rubble /topsoil/etc are regularily advertised and gladly taken
andrew54
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Re: Fly tipping on private RoW

Post by andrew54 »

Roblewis wrote:Sorry but the European Court has already been there and if you move soil to another ownership then you do not want it and thus it is waste.
I'm glad you are sorry, this is nonsense. If I go to buy topsoil it is not waste. I transport it home to use it.
Roblewis wrote: Also you will find flytipping applies to ALL persons and not just commercial.
Of course flytipping applies to all, but we are talking about removing flytipping. I think the licensing of transporting waste does not apply to domestic individuals. If you flytip a load of rubbish on my front lawn - I do not have to be licensed to take it away.
Roblewis wrote: The odd wheelbarrow you may well get away with but it sooon becomes noticed if done regularly or sizeable amounts.
I think you will find there is no need to 'get away with' wheelbarrows full. I don't think any legislation concerns itself with movement of waste with a wheelbarrow. I often move sizeable amounts of soil, roadstone, plant waste etc but it is never noticed. If it was noticed I feel I am doing nothing wrong as it is not for bussiness.

Or am I wrong on all of this?
Roblewis
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Re: Fly tipping on private RoW

Post by Roblewis »

Licensed businesses can buy and sell topsoil but note they are licensed - The law permits the re-use of topsoils as part of a licensed waste business and this is where we all get confused. Equally one flytip event is not the solution to a previous flytip offence both are flytipping as per the law. As I said small transactions between domestic individuals will not normally come on the radar but flytipping certainly does and is a major problem for landowners. A farmer friend pays out some £5k per year on the removal of waste flytipped on his farm tracks.

Just because somebody wants something you have does NOT mean that it is not ordinarily defined aas waste under the legislation. We can all think of ways around it but if at the end of the day if you will sell soembody some of your topsoil you obviously do not want it and therefore the law says it is waste from your perspective because you have no further use for it - note the friends need is not part of the definition process
andrew54
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Re: Fly tipping on private RoW

Post by andrew54 »

Roblewis wrote:Licensed businesses can buy and sell topsoil but note they are licensed -
Indeed. But when one of these licensed businesses sells me topsoil for personal use in my garden am I breaking the law to transport the soil home? What about when I buy a bag of topsoil from Homebase? Do I need to be licensed to transport it home? I think not.

I do wonder just what legislation you are thinking of. The only relevant legislation I know of restricts business transport of waste to those with a licence. For domestic purposes we can legitimately transport as much waste around as we want.
w3526602
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Re: Fly tipping on private RoW

Post by w3526602 »

For domestic purposes we can legitimately transport as much waste around as we want.

Hi,

But you are going to have problems if you try to take it to your amenity site in a goods vehicle, even if it is used privately. I'm guessing that my Sports Utility (four passengers and a jet-ski) would be considered a goods vehicle, but the equivalent estate car (four passengers and an inflatable dingy) wouldn't.

602
602 (That was my "last three")
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