Many people will remember the egregious fly tipping of tonnes of household and building detritus in Watery Lane near Lichfield in January 2024 making the lane impassable for several days for local residents, businesses and emergency services. Although this episode was particularly outrageous, it presaged a 6% country wide increase in fly tipping incidents on public land during 2024. There is no equivalent record for the amount of fly tipping on private land occurring in the same period but a CLA member survey revealed that almost all respondents had suffered from fly tipping of whom 75% reported significant financial detriment from having to clean it up.
If you discover fly tipping – report it
Fly tipping is illegal so apprehending fly tippers is potentially dangerous. If you encounter someone fly tipping, exercise caution and call 999 with your location. If you can photograph the incident and make a note of the vehicle registration without compromising your safety, then do so. If dealing with the aftermath of fly tipping, dispose of it using a licensed carrier once you’ve informed your local authority.
Although landowners are not obliged to report fly tipping on their land to their local authority, most local authorities are keen to record as much information as possible about fly tipping and its associated costs so they can monitor the scale of the activity. The Environment Agency only needs to be informed if the waste is hazardous, poses a pollution risk, or is over 20 tonnes. The NFU is also encouraging the reporting of fly tipping via a form on their website to add weight to their campaign to make tackling this crime a priority.
Prevention is better than cure
Clearly the logistical difficulty of securing a farm boundary cannot be underestimated and it is difficult to deter the organised criminal fly tipper. However, there are some things you can do to deter the casual fly tipper:
- Secure access points using immoveable objects such as large logs, rocks and earth mounds, fences and other barriers
- Securely lock gates - but do not impede rights of way.
- Erect ‘No Tipping’ signs with threats of prosecution.
- Remove fly tipped waste quickly before it attracts others to follow suit.
- Liaise with neighbours to identify and block any weak, accessible spots on your boundaries.
- Use CCTV and lighting if feasible
Legal remedies
A landowner can apply for an urgent interim injunction if they can prove they have an ongoing problem with fly tipping or if they can prove a high risk of it occurring (such as a neighbour’s land being affected). Photographs provide good evidence. Assuming an order is granted, it should be clearly displayed so that no fly tipper is any doubt that a breach constitutes contempt of court, leading to fines, confiscation of vehicles or other assets, and potentially imprisonment.
Because of the nature of this type of crime, dealing with the scourge of fly tipping is not straightforward. Putting prevention measures in place, particularly if your land is at high risk of incursion, is the first step, alongside working with your local authority and rural crime team. Using an injunction successfully will depend on the circumstances but can provide a powerful deterrent. Our rural litigation team is on hand to advise on the most appropriate route.
The materials on this website are provided for general information purposes only, and do not provide definitive advice. They do not amount to legal or other professional advice and so you should not rely on any information contained on this website as if it were such advice.
Wright Hassall does not accept any responsibility for any loss which may arise from reliance on any information published on this site. Definitive advice can only be given with full knowledge of all relevant facts. If you need such advice please contact a member of our professional staff.
The information published across our Knowledge Base is correct at the time of going to press.
