Desborough man admits to waste offences linked to Palgrave and Oakley fly-tipping incidents
A man who pleaded guilty to numerous waste offences linked to fly-tipping incidents in Palgrave and Oakley has been prosecuted.
Walter Elliot-Smith, 26, of The Pastures, Stoke Albany Road, Desborough, near Kettering, admitted to five offences.
He was ordered to complete 120 hours of community service as well as pay £2,230 investigation costs and a victim surcharge of £60.
The first incident took place in February 2014 when garden waste, garden furniture, parts of a greenhouse and general household waste was witnessed being dumped from a Ford Transit and was subsequently reported to Mid Suffolk District Council.
The registered owner of the vehicle was traced to Walter Elliot-Smith, trading as Elliot’s Tree and Garden Services. Council enforcement officers, using items found in the waste, then traced this to a resident in Eye, who explained he had engaged Elliot’s Tree and Garden services having seen them advertised online.
The second incident took place in April 2014 when garden waste, household waste, clothing and metal items were found to have been dumped. Officers were able to trace items within the waste to a resident in Long Stratton, who had also paid Elliot’s Tree and Garden services to take away waste, having found them advertised online.
Mr Elliot-Smith was interviewed under caution by Council officers, and admitted to having taken waste from both properties and dumping it nearby, stating that he needed the money to support his children.
On neither of the occasions did Mr Elliot-Smith give the residents a waste transfer note, as required by law, to show that he had taken the waste. He also admitted that he did not have a Waste Carriers Licence, authorising him to carry waste.
The day after the interview under caution, and having been given the appropriate advice about his responsibilities, Walter Elliot-Smith was seen in Bury St Edmunds, carrying out similar work in a residential garden. At a subsequent interview, he admitted he had not produced waste transfer notes for this work either.
James Buckingham, Corporate Manager - Environmental Protection at Mid Suffolk District Council, said: “We are pleased with the outcome of this case, whereby a prolific fly-tipper has been brought to justice.
“Mr Elliot-Smith was given clear advice on how to meet his legal responsibilities, but chose to continue deliberately flouting the law, taking large amounts of cash to remove substantial quantities of waste, which he then dumped on land without an environmental permit in place.
“By pro-actively advertising his services as a legitimate operator, Mr Elliot-Smith was unfairly competing with legitimate waste services by undercutting prices and profited to the tune of £480 – some of which he should have spent on proper waste disposal.
“In this case his customers have paid twice – once for him to do the work and again through their Council tax for the dumped waste to be cleared. I hope this case will highlight to residents the importance of checking that anyone who takes your waste is licensed to do so – always ask for a receipt and if they cannot show you their Waste Carriers Licence then do not use them, don’t rely on glossy adverts to ensure someone is legitimate.
“Waste dumped by the roadside contributes to a £13,000 a year bill for removing fly tipped waste. This bill is ultimately paid by tax payers, which is totally unacceptable.
“Mr Elliot-Smith was not a licensed waste carrier and so should not have been involved in taking the waste in the first place and, as a business, he had a clear duty to ensure that waste from his business activities was disposed of properly.
“The Environmental Protection Team at Mid Suffolk District Council will continue to place a high priority on the investigation of fly tipping and we will not hesitate to take action in such cases.”
