Support for Farmers
“Chairman, Councils in England dealt with 976,000 fly-tipping incidents in 2019-20, according to figures released by Defra. These figures account for waste illegally dumped on public land, reported to the local authorities and represent a 2% increase from the 957,000 reported incidents in 2018-19.
Just under two thirds (65%) of these fly-tips involved household waste. The most common place for fly-tipping was on pavements and roads, which accounted for 43% of total incidents in 2019-20. Fly-tipping incidents in England have risen by nearly 40% in the past five years, according to official council figures. Significantly, these figures do not include incidents of dumping on private land and there is therefore widespread under-reporting.
Farmers and landowners are plagued by fly-tipping and there is widespread anger and frustration that existing laws do not go far enough in supporting victims.
Responsibility for dealing with fly-tipping on private land rests with the private landowner and is not subject to mandatory data reporting, so is not included in the Defra report and cases of fly-tipping on privately owned land are significantly more than on public land.
When litter and fly tipping occur on private land such as farmers’ fields, it is down to the owner to have it removed – and to foot the bill for doing so. The costs involved are huge. The effects are not all financial either. Fly tipping takes time to clear responsibly, can block access and can cause safety issues not only for farmers and their employees, but also for livestock and wildlife.
Part of the problem is that it’s currently too simple to gain a waste-carriers licence, these are issued by the Environment Agency to businesses who wish to transport waste. Residents may check online whether a business has one of these licences, however there is no guarantee that their waste will be disposed of responsibly. This system needs urgent reform in order that residents can be reassured their waste is being disposed of in the correct way. A revamped system would act as a deterrent; in addition, there should be new legislation which would allow farmers to recover the cost of fly tipping on private land when it is obviously household waste.
I ask that Councillors support a motion to write to the Government and ask for new legislation around waste carriers licences and farmers rights to help with removal of household waste. We should also commission our Member representative on Lincolnshire Waste Partnership to encourage partners in that forum to similarly raise concerns with the Government.
I so move.
Councillor Anne Welburn”
Minutes:
The Chairman advised the meeting that one motion pursuant to Council Procedure Rule No.10 had been submitted to the meeting, this was as set out in the agenda.
Councillor Anne Welburn, Ward Member for Cherry Willingham, was invited to put her motion to the meeting, as follows: -
Support for Farmers
“Chairman, Councils in England dealt with 976,000 fly-tipping incidents in 2019-20, according to figures released by Defra. These figures account for waste illegally dumped on public land, reported to the local authorities and represent a 2% increase from the 957,000 reported incidents in 2018-19.
Just under two thirds (65%) of these fly-tips involved household waste. The most common place for fly-tipping was on pavements and roads, which accounted for 43% of total incidents in 2019-20. Fly-tipping incidents in England have risen by nearly 40% in the past five years, according to official council figures. Significantly, these figures do not include incidents of dumping on private land and there is therefore widespread under-reporting.
Farmers and landowners are plagued by fly-tipping and there is widespread anger and frustration that existing laws do not go far enough in supporting victims.
Responsibility for dealing with fly-tipping on private land rests with the private landowner and is not subject to mandatory data reporting, so is not included in the Defra report and cases of fly-tipping on privately owned land are significantly more than on public land.
When litter and fly tipping occur on private land such as farmers’ fields, it is down to the owner to have it removed – and to foot the bill for doing so. The costs involved are huge. The effects are not all financial either. Fly tipping takes time to clear responsibly, can block access and can cause safety issues not only for farmers and their employees, but also for livestock and wildlife.
Part of the problem is that it’s currently too simple to gain a waste-carriers licence, these are issued by the Environment Agency to businesses who wish to transport waste. Residents may check online whether a business has one of these licences, however there is no guarantee that their waste will be disposed of responsibly. This system needs urgent reform in order that residents can be reassured their waste is being disposed of in the correct way. A revamped system would act as a deterrent; in addition, there should be new legislation which would allow farmers to recover the cost of fly tipping on private land when it is obviously household waste.
I ask that Councillors support a motion to write to the Government and ask for new legislation around waste carriers licences and farmers rights to help with removal of household waste. We should also commission our Member representative on Lincolnshire Waste Partnership to encourage partners in that forum to similarly raise concerns with the Government.
I so move.
Councillor Anne Welburn”
The Leader of the Council made an initial response to the motion: -
“Thank you Chairman and thank you Cllr Mrs Welburn for bringing this important issue forward, I would like to second your motion and trust others will support it too.
You are absolutely right to set out the scale of the problem and to highlight the inequity whereby responsibility for (and the cost of) clearing fly-tips from private land falls on the landowner. The most recent estimate I’ve seen suggests this equates to an average cost to farmers of £900.00 a year.
Much work is underway to achieve a sustained reduction in instances of fly tipping, based on the recognition that partnership working is crucial to success. For example 2019’s Fly-Tipping Roundtable brought together representatives from local authorities, the Environment Agency, Lincolnshire Police, the Internal Drainage Boards, the Country Land and Business Association and the National Farmers Union to share insight and best practice and to discuss the most effective use of powers. Subsequently the SCRAP campaign, of which West Lindsey is a leading and proactive member, was introduced throughout Lincolnshire.
More clearly needs to be done, so I welcome your proposals as being most helpful and timely and will be pleased to action them as requested, should the Chamber support that.
Thank you Chairman.”
Debate ensued and Ward Member for Nettleham, Councillor G McNeill made reference to recent complaints regarding the state of the roadsides on the approach into Lincoln City This matter had been discussed with the relevant Director and the Ward Member indicated he shared the concerns of the resident. The location given the numerous local drive through lent itself for fly tipping. He considered the Authority previously had undertaken a good job in maintaining such areas. However given a recent change in legislation, which now required roads with a speed limit in excess of 50mph must be closed for such work to be undertaken, made it very difficult to undertake such work; work which residents would consider a very much ordinary and expected activity for the Council to undertake. It was suggested the Council in considering the motion from Councillor Welburn, should also maybe consider lobbying on this connected matter; questioning whether the Government had made the correct decision with this regard. This change in legislation seriously affected how the Council considered its approach to the environment and the countryside and its ability to deal with issues raised by residents in the area.
Many Members spoke in support of the motion, it was suggested that the Authority as the disposal authority, should be permitted to assist those farmers where fly tipping had clearly occurred on their land. Private landowners not only were left to deal with household waste but often waste which could also cause a contamination hazard. As the disposal Authority, the Council had much easier access to resources required to appropriately and safely dispose of such waste.
Some Members suggested the revised rules and regulations at local recycling sites were to some degree responsible for increased fly tipping, citing recent experiences. Members also questioned the recent change in practice and operation of the site and considered this had been at the detriment of the service, which had previously worked well. Members concurred that licences were granted too readily and with few checks.
Councillor Brockway as a serving Member of the County Council spoke to clarify why it had been necessary to amend practices at recycling sites and confirmed that these were temporary measures only.
With further Members speaking in support of the motion and of the other matters raised throughout the course of the debate, on being put to the vote, it was RESOLVED that the motion as submitted, be ACCEPTED.
As such Full Council requests the Leader writes to the Government requesting new legislation around waste carriers licences and farmers rights to help with removal of household waste. Furthermore, West Lindsey District Council’s Member representative on Lincolnshire Waste Partnership is requested to encourage partners in that forum to similarly raise concerns with the Government.