MP ordered to pay £13k in costs after losing garden waste battle with council

An MP has lost a legal challenge over Birmingham City Council’s refusal to collect garden waste left by residents who will not pay for green bins.

John Hemming, MP for Birmingham Yardley, argued that the local authority had breached its statutory duty in not collecting the waste.

But he lost the case at Birmingham Magistrates’ Court and was ordered by District Judge Zara to pay the local authority’s costs of £13,101.56.

According to the Birmingham Mail, the judge said the order sought was far wider than the wording of section 89 of the Environmental Protection Act.

The judge added: “It is about a particular piece of land, not a Parliamentary constituency. It would be outside the power of this court to make such an order in respect of a whole constituency.”

Cllr Lisa Trickett, Cabinet Member for a Green, Smart and Sustainable City at Birmingham, said: “We regret the resources yet again taken up in what was essentially pointless court action when we could have put our energies into collaborating on ensuring citizens have clean, well-managed streets.

“We are pleased the courts have supported the view we have repeatedly expressed to Mr Hemming – we have made every effort to deal with the issue of dumped green waste during the transitional first year of our new chargeable service.”

Cllr Trickett added: “We will continue to do everything within our powers, including working closely with residents, to keep the city as clean as possible, despite the challenging financial situation we face as a result of central government funding cuts to the council.”

In a statement Hemming said: “In one sense I lost a battle in court….(having 13K costs awarded against me). However, possibly over 500 dumps of green waste have been cleared up as a result of the legal action although not all of the ones I highlighted were removed. Some longstanding ones like in Nooklands Croft have now mainly gone (but not all).

“I am likely to appeal the case. However, the clear message of the case is simply to do lots more applications for litter abatement orders, but avoid taking them to final hearing. I will, of course, consult with my constituents, but the early response is that they would like me to continue to fight the council on this issue.”