Decision Maker: Cabinet Member for Highways, Street Scene, and Flooding
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: Yes
To note the new Fixed Penalty amounts (Table 2 of the report) and approve the maximum new fixed penalty notice amounts to be applied (as per Option 1 below).
DECISION MADE
I approve that the new fixed penalty notice amounts (Table 3) are noted and also approve the maximum amounts available for the new fixed penalty notice amounts to be applied.
This decision was published on 15 April 2024 and will come into force on 23 April 2024.
To agree and set the maximum fixed penalty amounts available for fly-tipping, household waste duty of care and littering which have been amended in statute by the Government.
The table below provides the options considered with the pros and cons:
Option |
Proposal |
Pros |
Cons |
1* |
Increase FPN’s fines to maximum level |
Sends a strong message and discourages potential offenders.
Increased income from FPN’s is re-invested into environmental enforcement service and clear-up of waste.
Cases can be resolved quickly without the expense of going to court.
The higher FPN amount is in-line with what other councils across the country are setting their FPN levels at i.e. maximum level.
Higher level of FPN will deter fly-tipping and should lead to lower numbers of fly tipping reports. |
Offenders may not be prepared to pay the fine, or they will be unable to afford the fine.
This may increase the number of cases being referred to Court for prosecution and an increase in legal time.
|
2* |
Keep FPN fines at current level |
More FPN’s would be paid at a lower amount, because its more affordable. |
The levels of inflation have eroded the financial impact of the FPN’s, which were set in 2016. Not in line with council intent of zero tolerance of fly tippers for environmental crime. Not considered as an effective deterrent in the current climate. Will encourage fly tipping in Wiltshire if our level of FPN is below that of other authorities. |
3* |
Increase FPN fines, but not to maximum level. |
More FPN’s would be paid at a lower amount, because it may more affordable. |
Applying a penalty rate at a lower threshold than other authorities could be perceived by those engaging in waste crime that Wiltshire presents a lower financial risk for undertaking illicit activities. |
* * Consid * * Consideration for discount for early payment is applicable.
Other reasons / organisations consulted
None – These are legislative changes under the Environmental Offences (Fixed Penalties) (Amendment) (England) Regulations 2023, Section 33ZA(9)(a) of the Environmental Protection Act 1990.
Contact: Peter White Email: peter.white@wiltshire.gov.uk.
Publication date: 04/04/2024
Date of decision: 15/04/2024
Effective from: 23/04/2024
Accompanying Documents: