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Crime Solicitors

15-month jail sentence for operator of illegal waste site (29 March 2016)

Date: 29/03/2016
Duncan Lewis, Crime Solicitors, 15-month jail sentence for operator of illegal waste site

A Norfolk-based waste operator has been sentenced to 15 months in jail for running an illegal waste site.

Waste operator Mark Edward Fuller was running an illegal waste site in North Runcton, Norfolk – he ran the illegal site for more than a year from Manor Farm in Common Lane, without planning permission and without an environmental permit to deposit, store, dispose and treat waste.

In September 2010, Norfolk County Council served an enforcement notice on Fuller requiring him to stop taking waste onto the land and processing the waste, which included construction and wood waste.

The enforcement notice was issued because the unauthorised uses were in the open countryside – and their scale, form and mass cause harm to the landscape and amenity.

The notice was appealed by Fuller in August 2011, but the Planning Inspector upheld the enforcement notice.

Fuller then lodged an unsuccessful application with the High Court for permission to appeal against the Inspector’s decision, which delayed the effective date of the Enforcement Notice.

Mr Mark Watson, prosecuting on behalf of Norfolk County Council and the Environment Agency, told the court that despite correspondence, discussions, meetings and site visits by the Environment Agency and Norfolk County Council officers, Fuller failed to respond to advice and continued to operate illegally.

In November 2012, the Environment Agency and council officers inspected the site and found a large stockpile of wood waste, amounting to many thousands of tonnes and between 12 and 15 metres in height. Additionally there had been thousands of tonnes of waste soil and construction and demolition waste imported and stockpiled.

Fuller told investigating officers that he had not received the letters from the Environment Agency – and added that until officers visited him in November 2012, he thought the operation was legal.

Enforcement Team Leader Phil Henderson said:

“The operation of illegal waste sites poses significant risk to our environment and local communities, particularly where this involves the wholesale stockpiling of waste, as in this case.

“This sentence reflects the seriousness with which the Environment Agency, our partners and the courts view this type of criminal offending – and we will seek to prosecute those involved wherever possible. Operators need to ensure that they obtain the appropriate permission to operate waste sites and comply with the conditions of their permit.”

County Council officer Mike Adams added:

“This is a case that has stretched the powers of planning enforcement to the limit.

“The defendant refused to engage with the planning system – appeals, including High Court challenges with very little merit, were designed to frustrate the enforcement procedure and have lengthened and increased the cost of this process.
“Three days after pleading guilty, Norfolk County Council’s investigations confirmed that Mr Fuller was continuing to breach the Enforcement Notice.

“The council is determined that this type of activity will not be allowed to continue in such a sensitive location.”

Duncan Lewis Criminal Solicitors

Duncan Lewis criminal solicitors can advise at any stage of an investigation involving environmental offences, including allegations of water pollution, air pollution, noise pollution, misuse of permitted land, waste carrier offences, failing to manage hazardous waste, fly tipping and fisheries offences.

There are Duncan Lewis offices nationwide and a criminal defence solicitor can attend site inspections by investigating authorities and advise before charges are brought.

For expert legal advice on Environmental Offences, call Duncan Lewis criminal solicitors on 0333 772 0409.


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