Fly-tipping in Folkestone & Hythe District rises 52%, the highest in Kent
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The number of recorded fly-tipping incidents between 2020/21 and 2021/22, across the Folkestone & Hythe District has grown by 52%, according to the latest statistics released by the Department for Environment, Food & Rural Affairs (DEFRA) on the 31 Jan 2023. This is the highest rise of any district and given only three districts in Kent saw a rise, it is quite a remarkable rise indeed.
Since 2017/18, the number of recorded fly-tipping incidents across the Folkestone & Hythe District has risen by an average of 38% year on year.
Overall the number of fly-tipping incidents across Kent districts has fallen by 9%, according to the latest data released by DEFRA. Only three have seen an increase between 2020/21 and 21/22, they are Canterbury (4%), Folkestone & Hythe (52%) & Maidstone (16%)
Local authorities are responsible for dealing with investigating, clearing and taking appropriate enforcement action in relation to smaller scale fly-tipping on public land (including public roads and highways within their responsibility). For further information see the guidance, Fly-tipping: councilresponsibilities, updated July 2019 and the NFTPG guide, Fly-tippingresponsibilities: Guide for local authorities and land managers.
The penalties for fly-tipping are set out in the Environmental Protection Act 1990. There is currently no minimum fine set out in law for unlawfully depositing waste under Section 33 of the Environmental Protection Act. Sentencing in individual cases is a matter for the independent courts.
There are also a range of other possible penalties including:
Fixed penalty notices: From 9 May 2016, local authorities in England can issue fixed penalty notices of between £150 to £400 for small-scale fly-tipping offences pursuant to the Unauthorised Deposit of Waste (Fixed Penalties) Regulations 2016. This may be served as a criminal penalty in lieu of prosecution for a criminal offence. It is not a civil penalty.
Since records begun two people who’ve fly-tipped in the Folkestone & Hythe District have been given custodial sentences, after the Council prosecuted them via the courts. 14 people have received fines issued by courts to the sum of £6,518, and 52 people have received Fixed Penalty Notices issued specifically for fly-tipping. Despite the fines and the fixed penalty notices, the number of fly-tipping incidents is increasing. It’s clear even with custodial sentences being handed out and fines, this is not sufficient to prevent people from blotting our district’s beautiful landscape.
Fly-tipping is a blot on the landscape wherever that may be.
We would remind every resident in the district, the disposal of certain materials is free of charge, these include general household waste or green’ garden waste. Other categories of DIY waste such as kitchen units, non-ceramic sinks, baths and doors may still be taken to one of the KCC, 18 Household Waste Recycling Centres, free of charge.
Should fines be increased? That’s a tough one, for as we said, household incomes are being squeezed, and this will impact more on those with lower incomes.
Should Kent County Council consider lowering the prices they currently charge at Household Waste Recycling Centres in the district, given there is a cost of living crisis? Since the introduction of charges on the 3rd June 2019, for certain items, there might well be an argument for that, especially in the areas where there has been an increase. If you believe you could put a case, then do contact your local KCC Cllr Susan Carey (Con) (pictured) Cabinet Member for the Environment at susan.carey@kent.gov.uk. You can also contact Cllr Stuart Peall (Con) (pictured) the FHDC Cabinet Member for Flytipping enforcement stuart.peall@folkestone-hythe.gov.uk
If you see anyone fly-tipping, please do report it. You can do this via your local council website, their facebook page or twitter account. Fly-tipping is not a vicitmless or costless crime. The land where it is tipped is owned by somebody and clearing it up costs both time and money; which has a direct impact on the amount of Council Tax you pay.