Let councils issue on-the-spot fixed penalty notices for fly-tipping, says LGA

The existing system for tackling fly-tipping is “unfit for purpose” and councils should be given new powers to issue on-the-spot fixed penalty notices in some cases, the Local Government Association has argued.

The LGA said local authorities tackled some 711,000 fly-tipping incidents annually, at a cost of more than £36m.

"Currently, councils can only take fly-tippers to court and this can be expensive, and time-consuming – frequently involving lengthy investigations," the Association added.

“Often councils are left out of pocket because courts only award partial costs. This is because they often take into account the financial circumstances of the defendant and will also regard compensation as a higher priority than prosecution costs if a defendant has limited means.”

Arguing that councils should be awarded full costs, as an example it gave the Buckinghamshire Waste Partnership, which has only received 59% of the costs of its successful prosecutions since 2004.

“Councils use enforcement powers proportionately and use a raft of different approaches to raise awareness and change culture,” the LGA maintained.

Local authorities carried out more than 425,000 enforcement actions in 2012/13. There were more than 2,200 prosecutions, with a 99% conviction rate.

Cllr Peter Box, the LGA's environment spokesman said: "Local authorities are remarkably effective and efficient in tackling fly-tipping but the current system works against them. We need a new streamlined system which helps councils and hurts those doing the dumping, one that is nimble, flexible and effective.

"All the figures show that the huge amount of effort local authorities put into preventing and tackling fly-tipping is having a real impact – but new powers would ensure it goes even further. Not only does fly-tipping create an eyesore for residents, it is also a serious public health risk, creating pollution and attracting rats and other vermin."