Legal News

An Oxfordshire man who operated an illegal skip has been handed a four-month custodial sentence suspended for one year.

Geoffrey Parker of Hundridge Farm, Cox’s Lane, Ipsden Heath in Oxfordshire pleaded guilty to two environmental offences when he appeared at Reading Magistrates Court on Friday, 4 November 2016.

At the sentencing hearing at Reading Magistrates’ Court on 9 December 2016, Parker was ordered to pay £7551.31 in prosecution costs and a victim surcharge of £80. Parker’s early guilty plea was recognised and taken into account during sentencing.

The Magistrates also made a remediation order (under Regulation 44 of the Environmental Permitting Regulations), which requires the removal of all waste from the farm and Cox’s Lane by the end of January 2017.

Hundridge Farm is no longer a working farm, but became a storage and sorting location for waste imported by the defendant, who also lives on site in the farmhouse.

The farm is around 32 acres in size and is located next to ancient woodland within the Chiltern Area of Outstanding Natural Beauty.

The court heard how Parker – a sole trader – trades as GD Parker Contractors Instant Skip Hire. He has run a small skip hire business with a single skip lorry from the farm for many years. His customers are mainly householders or builders.

Parker had been carrying out waste operations – including the deposit, keeping and storing of waste – without being authorised by an environmental permit, however.

In October 2009, an injunction order was issued against Parker, where Oxford County Court ordered the defendant to “cease to forthwith, import, deposit, keep, treat or dispose of controlled waste, including waste in skips, or carry on any other waste management activities.”

However, he failed to follow the order and contempt of court proceedings were taken, with the defendant eventually removing the majority of the waste.

During routine inspections in 2014, Environment Agency officers discovered illegal waste in more than 40 skips, which were scattered along the approaching lane to the farm – Cox’s Lane – which is a bridle path used by ramblers, joggers and horse riders.

In the yard area at the entrance to the farm, environment officers saw a large amount of general household clearance-type waste on a concrete pad, with more waste stacked up behind.

Hazardous materials were seen on site – including car batteries, leaking paint pots and containers with chemicals in skips.

The officers explained the terms of his injunction to Parker and that his activities had to stop and why.

Environment Agency officer Julia Leigh said:

“Environment Agency Officers provided repeated advice and guidance to help, but Mr Parker – who frequently flouted the law – undermined the legitimate waste management industry and put people and the environment at risk.

“Anyone operating a regulated facility to recover or dispose of waste can only do so with an environmental permit granted under the Environmental Permitting Regulations.

“An environmental permit protects the environment and local communities from potentially harmful substances and such things as smell or litter nuisance – and requires appropriate management systems and infrastructure to be in place before any waste activity takes place.”

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.