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Householders prosecuted for fly tipping offences

Householders prosecuted for fly tipping offences
15 April 2024

Three householders have been prosecuted for offences relating to fly tipping incidents across Darlington in recent weeks.

The trio were ordered to pay fines and costs totalling £1,990 after their cases were heard by magistrates.

Annalise Nimmo, of Longfield Road, was found guilty at Peterlee Magistrates’ Court, on 7 March, of failing to provide information relevant to an investigation into fly tipping, contrary to section 110(2)(a) and (5) of the Environment Act 1995. She was fined £220 and ordered to pay £150 costs and a victim surcharge of £88.

The case followed an investigation into a fly tip in Whessoe Road, Darlington on 9 September 2023, and evidence linking it to Nimmo was found. She was invited to an interview under caution but failed to attend. A notice under Section 108 was issued to Nimmo requiring her to attend an interview or make suitable alternative arrangements, but she failed to respond.

Bianca Cleminson, of Corporation Road, Darlington, was found guilty at Peterlee Magistrates’ Court, on 7 March, of breaching a community protection notice (CPN), contrary to section 48(1), (2)(a) and 52 of the Anti-social Behaviour, Crime and Policing Act 2014. The CPN required her not to leave household refuse bags in the rear lane of Corporation Road. She was fined £220 and ordered to pay £150 costs and a victim surcharge of £88.

The CPN had been issued to Cleminson following an investigation in November 2023 into ongoing waste being dumped in the back lane behind Corporation Road. It required her to prevent the reoccurrence of leaving household refuse bags in the lane. Initially, a fixed penalty notice had been issued to Cleminson, but the case was taken to the magistrates’ court after she failed to pay.

Sinead Carter, of Helmsley Moor Way, Darlington, was found guilty at Peterlee Magistrates’ Court, on 20 March, of failing, without reasonable excuse, to comply with a requirement imposed under Section 108 of the Environment Act 1995, contrary to Section 110(2)(a) and (5) of the Act, and was fined £660 and ordered to pay £150 costs and a victim surcharge of £264.

This followed an investigation into a tipper-sized fly-tip found in Mill Lane, Middleton St George on 4 January this year.  The council’s civic enforcement officers found evidence linking the waste to Carter and she was invited to an interview under caution but failed to attend or make contact. A notice under Section 108 was issued to Carter requiring her to attend an interview or make suitable alternative arrangements, but she failed to respond.

Graham Hall, Darlington Borough Council’s head of community safety, said: “Our staff work hard to keep our streets and back lanes clean and fly tipping of any kind will not be tolerated.

“These cases should act as a warning to others that we will take action against those who flout the law. Your waste is your responsibility and householders need to remember that when disposing of their waste.

“We would also remind householders that if you pay someone, other than the council, to take your waste away, you should always check they have a waste carrier licence and ask for a waste transfer note. If your waste is fly tipped you could be fined along with the individual or company you paid to remove it.”

The Environment Agency issues waste carrier licences. You can check if a company has a licence using the online register at https://bit.ly/CheckENV

Information on the correct means of disposing of all types of waste can be found on the council’s website www.darlington.gov.uk.  

Most household items can be disposed of for free at the tip – for more details visit www.darlington.gov.uk/tip. If you can’t get to the tip you can book a Bulky Waste Collection – for more details visit www.darlington.gov.uk/bulkywaste.

You can report a fly-tip, or anyone you see fly-tipping, online at www.darlington.gov.uk/reportit.

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