Legal News

The Environment Agency has prosecuted a Gateshead man, after he illegally stored waste at a site and then abandoned it.

John James Armstrong, 52, of Park Lane, Winlaton Mill in Gateshead appeared at North Tyneside Magistrates’ Court and pleaded guilty to one offence of operating a waste site without a permit.

He was fined £1,000, ordered to pay compensation of £7,069.49 to the landowner to cover the costs they paid to clear the site, as well as £1,591.26 in costs.

Armstrong was director of Canterhall Builders Limited – a construction company which was dissolved on 23 May 2016.

Prosecuting on behalf of the Environment Agency, Simon Crowder told the court that, on 20 April 2016, two Environment Agency officers attended the unit at Unit 1 Felling Business Centre in Green Lane.

They saw the site was covered in construction waste – including bricks, broken concrete, wood, plaster board, insulations, pallets, old kitchen units, benches and electrical waste. There was also a skip full of building waste.

Enquiries revealed that Canterhall were tenants at the site, but had abandoned it earlier in the month.

On 16 May 2016, a letter requesting removal of the waste was given to the landowner. On 23 May, Environment Agency officers traced Armstrong to a site in Swalwell, where he was given a letter inviting him to be interviewed.

The site at Felling was cleared by the landowners two days later, at a total cost to them of more than £7,000.

The Environment Agency said the defendant had no previous convictions and was co-operative during the investigation.

During an interview on 2 June 2016, Armstrong said that, if it was not cost effective to hire a skip to remove waste from carrying out construction work, then he would transport the waste back to the unit instead.

He added that, when there was enough waste at the unit, he would then order a skip to have it removed.

He said in January 2016 more and more waste was deposited at the unit and due to financial problems, he could not afford skips to have the waste removed.

Armstrong told investigators that he had left the unit on 10 April and had made no attempts to clear the waste – saying that he was unaware of the need for an environmental permit or registered exemptions.

The Environment Agency’s Paul Whitehill said:

“We take waste crime very seriously – it can cause serious pollution to the environment, put communities at risk and undermine local businesses.

“The defended flouted the law for financial gain – he cut costs by not hiring skips at the sites where work was taking place to ensure disposal of the waste. He also avoided the cost of an environmental permit and annual subsistence fees.

“Illegal waste activities that avoid regulatory controls don’t have the appropriate infrastructure to protect the environment – and can have a detrimental impact on local communities.”

The sentence follows warnings from the Environment Agency to landowners about criminals looking to profit by dumping waste illegally on their land – landowners can often find their property filled with waste and abandoned by tenants, leaving owners with an expensive clean up bill.

Duncan Lewis Criminal Solicitors – Environmental Offences

Duncan Lewis criminal solicitors can advise companies and individuals at any stage of an environmental offence, including charges relating to polluting watercourses, fisheries offences, fly tipping, waste carrier offences, failing to manage hazardous waste, air pollution, noise pollution, or misuse of permitted land.

There are Duncan Lewis offices across England and Wales and in most major cities – and a Duncan Lewis criminal defence solicitor can advise at the start of an investigation by the Environment Agency or local authority and before charges are brought.

For expert legal advice on all environmental offences, call Duncan Lewis criminal solicitors on 0333 772 0409.