Legal News

The Environment Agency has prosecuted a company and individuals associated with the company for allowing illegal waste activities.

Tapecrown Limited owns Chowle Farm – a site off the A420 near Faringdon in Oxfordshire, also known as the Faringdon Business Park.

Between April 2010 and June 2013, various waste operations took place at Faringdon Business Park – in particular, a skip hire business operated illegally from the site and another tenant deposited large quantities of tyres.

All commercial waste activities are regulated by the Environment Agency and whenever waste is stored or treated, the operator is required to hold an environmental permit or register for an exemption, which is reserved for low-risk waste activities only.

The court heard that Tapecrown Ltd allowed the storage, treatment and burning of waste at the Faringdon premises without the necessary permits.

As a result, two individuals have already been convicted of waste offences committed at Faringdon Business Park during the charge period.

David Ham pleaded guilty in 2011 to depositing controlled waste likely to cause pollution to the environment or harm to human health between April 2010 and March 2011. He also pleaded guilty to operating a regulated facility – a waste transfer station – without an environment permit over the same period.

Wayne Clarke pleaded guilty in December 2012 to operating a regulated facility for recovering the metal components from wheels of vehicles and storing or depositing the tyres without an environment permit between October 2011 and January 2012.

In July 2013, Ham pleaded guilty to further offences of failing to comply with a court order to remove waste from the site – and of keeping controlled waste likely to cause pollution to the environment or harm to human health between June 2012 and January 2013.

Environment Agency investigators found that Tapecrown Ltd had knowingly permitted waste crimes to be carried out at Faringdon Business Park – and the waste operations occurred on the company’s land over a prolonged period of time between April 2010 and June 2013.

The Environment Agency wrote to the company repeatedly and advised as to what had been witnessed on the site and reported by others.

The operator of the site, David Crossley Cooke, was present during many of the visits made by Environment Agency officers – Mr Crossley Cooke lives a few hundred metres from the site.

When the defendants appeared at Oxford Crown Court on Monday 25 January 2016, David Crossley Cooke was described by His Honour Judge Eccles QC as “the controlling mind” of Tapecrown Limited,

Tapecrown Ltd was fined £20,000 with the costs to be determined at a later date. Crossley Cooke was also fined £4,000, with costs also to be determined at a later date.

After sentencing, Jack Knight of the Environment Agency said:

“It is very disappointing that Mr Crossley Cooke continued to allow the operation of an illegal site, despite having an understanding of his responsibilities.

“The net is closing in on people who think they can make easy money undercutting legitimate waste businesses by putting the local environment at risk.

“We are constantly gathering information on illegal waste sites, criminal activities and environmental crime in Oxfordshire and across the southeast.

“We are taking a zero tolerance approach against offenders – in cases like this, where individuals consistently operate illegally, we have absolutely no hesitation in prosecuting them as we want to make sure that waste crime doesn’t pay.

“This extends to landowners and their agents who fail to take steps to prevent such offences once they are made aware of them.”

Duncan Lewis Criminal Solicitors

Duncan Lewis criminal solicitors can advise on charges relating to environmental offence at any stage of a charge, including allegations involving fly tipping, dumping hazardous waste, contamination of watercourses, use of permitted land, fisheries offences and air pollution.

There are Duncan Lewis offices nationwide and a criminal defence solicitor can advise on environmental offences even before a charge is brought.

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