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Landowner prosecuted for not preventing fly-tipping of dangerous waste near children’s nursery (25 May 2017)

Date: 25/05/2017
Duncan Lewis, Legal News Solicitors, Landowner prosecuted for not preventing fly-tipping of dangerous waste near children’s nursery

Leeds City Council has prosecuted a landowner who allowed dangerous waste materials to accumulate on a site near a children’s nursery.

Pargat Singh Riyat of Shadwell Lane in Leeds pleaded guilty to offences under the Anti-Social Behaviour Crime and Policing Act 2014.

He was fined £1,666, with £3,219 in costs and a victim surcharge of £166 at Leeds Magistrates’ Court.

The court heard that Riyat had failed to prevent unauthorised access to land which he was responsible for, resulting in the build-up of hazardous waste which included hypodermic needles and human waste – as well as failing to organise the legal removal of the waste.

Riyat is part -owner of Courtyard Developments Ltd, a company which owns land formally known as the Compton Arms on Compton Road in Harehills.

Following contact by a local Police Community Support Officer regarding numerous environmental and anti-social issues at the site, the council’s environmental enforcement team started an investigation.

The issues raised by the PCSO included a breach in the perimeter fence of the site, which was allowing unauthorised access to the land, as well as a large accumulation of waste, alcohol containers and other drug paraphernalia.

Some needles were close to the perimeter fence which separates the land from a local children’s nursery.

The court heard that Riyat ignored several legal notices requiring him to arrange for the waste to be legally removed – and failed to install a suitable security fence, which allowed unauthorised access and offered the opportunity for more hazardous waste to be dumped.

Even after being served with the notices, the court heard that Riyat attempted to circumvent his duties by renting out the land to a third party and ordering the tenant to remove the waste themselves, without advising the tenant of the type of waste within it – or ensuring that they knew how to dispose of the waste legally.

Such was the danger caused by the waste, Leeds City Council cleared the land of all waste – including seven boxes of hypodermic needles, along with other drug paraphernalia, removing approximately four tonnes of illegally deposited waste from the site at a cost of more than £480 to taxpayers.

Leeds City Council’s Executive Member for sustainability and environment, Councillor Lucinda Yeadon, said:

“This is a particularly shocking case where landowner has shown a flagrant disregard, not only to the legal notices issued, but also towards his own duty of care – and in doing so, has put members of the public at risk.

“To add insult to injury, he also tried to circumvent his legal responsibility by renting out the contaminated land to an unsuspecting tenant.

“We will not hesitate to prosecute landowners who allow – or do not take action to prevent – waste being dumped on their property, especially when they are putting members of the public at risk of serious harm.”


Duncan Lewis Criminal Solicitors

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.

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