flytipping enquiry

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squishy
Posts: 16
Joined: Mon Oct 25, 2010 8:36 pm

flytipping enquiry

Post by squishy » Tue Nov 02, 2010 7:15 pm

Technically flytipping is the illegal dumping of rubbish on land which does not have a licence to receive it.

Applied literally I think that this means I could have someone prosecuted for leaving their waste on the private ROW on my land, (because the land is not licenced to receive it). However I am not sure how a court would perceive this because they do put the waste in their wheelie bins. Maybe a court would think that my literal interpretaion was too narrow and would feel that this was a waste of time, on the other hand sometimes they don't even put their wheelie bins etc out for emptying on council collection day.

I am aware from kind responses to my other posts that the nfh is trespassing on the ROW by using it for their bins, and that I could remedy this in civil law with an injunction. i just was interested if anyone knew of case law, or had any views on whether a prosecution for fly tipping could sensibly be attempted or threatened. :twisted:

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