Green Space Borough-Wide Preventative Injunctions: The Next Stage – Hardwicke Chambers

Posted October 23rd, 2017 in commons, gipsies, injunctions, news, planning, waste by sally

‘In his previous article of 26th July 2017 Steven discussed the potential benefits of obtaining borough-wide Injunctions preventing anyone entering green spaces with vehicles, (most commonly mobile homes and caravans) and then fly-tipping industrial scale waste. This article deals with the fact that it is becoming increasingly clear that, where one local authority obtains protection in the form of a borough-wide injunction to prevent incursions onto its green spaces, a neighbouring borough becomes vulnerable to an increase in incursions.’

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Hardwicke Chambers, 19th October 2017

Source: www.hardwicke.co.uk

The future approach: Using a preventative injunction to protect green spaces? – Hardwicke Chambers

Posted October 20th, 2017 in environmental protection, injunctions, local government, news, waste by sally

‘There are few sights more unpleasant when walking in our green and pleasant land than that of human waste i.e. faeces selfishly deposited on the ground without any thought for those that wish to enjoy the beauty of our green spaces. Added to the problem of personal waste, is domestic waste1 and industrial scale fly-tipping from contractors, the general public at large and travellers involved in a commercial waste business (for example, who dump waste such as asbestos, rubble, soil, and other hazardous materials) and you have a major waste issue up and down the country. Indeed, due to the fact that most authorities now charge for the disposal of domestic and business waste, fly tipping is a major problem as people do not want to pay for it to be disposed of properly.2 This is a particular problem for local authorities in the country whose primary responsibility is to ensure the safety of its green spaces for its residents and visitors.’

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Hardwicke Chambers, 16th October 2017

Source: www.hardwicke.co.uk

Birmingham refuse collectors win high court case against city council – The Guardian

Posted September 22nd, 2017 in industrial action, injunctions, local government, news, redundancy, waste by sally

‘Birmingham’s long-running bin strike has been suspended following a high court injunction preventing the city council from making refuse workers redundant.’

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The Guardian, 20th September 2017

Source: www.theguardian.com

Councils to be banned by ministers from using bin fines as means to generate income – Daily Telegraph

Posted September 5th, 2017 in ASBOs, fines, local government, news, waste by sally

‘Councils are to be banned from using bin fines “as a means to generate income” after it emerged that families are risking large penalties and criminal records if they put out overflowing bins.’

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Daily Telegraph, 4th September 2017

Source: www.telegraph.co.uk

Ombudsman slams lack of oversight of outsourced waste collection services – Local Government Lawyer

Posted August 23rd, 2017 in complaints, contracting out, local government, news, ombudsmen, reports, waste by sally

‘Insufficient oversight of external contractors is one of the main issues behind a rising number of complaints about waste collection, the Local Government and Social Care Ombudsman (LGO) has said.’

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Local Government Lawyer, 23rd August 2017

Source: www.localgovernmentlawyer.co.uk

Old problem, new solution: local councils look to preserve their green spaces from incursion and illegal fly tipping – Hardwicke Chambers

Posted August 22nd, 2017 in commons, gipsies, injunctions, local government, news, waste by sally

‘There are few local authorities in the country that haven’t experienced the enormous difficulties inherent in people setting up camp illegally in local parks and green spaces with their mobile homes and caravans, horses and dogs then leaving the area (voluntarily or otherwise) and landing the authority with an expensive bill for cleaning up.’

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Hardwicke Chambers, 26th July 2017

Source: www.hardwicke.co.uk

Council wins right to redact more info from variation agreement to waste contract – Local Government Lawyer

‘A county council has won an appeal to the First-Tier Tribunal over a decision by the Information Commissioner’s Office that it was not entitled to redact certain information in a variation agreement to a waste disposal contract.’

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Local Government Lawyer, 24th April 2017

Source: www.localgovernmentlawyer.co.uk

New litter strategy could see fly-tippers given community service – The Guardian

‘Fly-tippers could be forced to pick up litter as part of community service, the environment secretary, Andrea Leadsom, has said.’

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The Guardian, 9th April 2017

Source: www.guardian.co.uk

Mother’s £270 fly-tipping fine for putting rubbish out on wrong day outside neighbours’ homes – Daily Telegraph

Posted November 23rd, 2016 in fines, local government, news, waste by tracey

‘A woman who left her household rubbish on the opposite side of the road in an attempt to avoid waiting two weeks for it to be collected has been hit with a £270 fine for fly-tipping.’

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Daily Telegraph, 22nd November 2016

Source: www.telegraph.co.uk

Developers fail in judicial review challenge over permission for recycling facility – Local Government Lawyer

Posted November 10th, 2016 in construction industry, costs, local government, news, planning, waste by sally

‘Two developers have lost their attempt to judicially review Hertfordshire County Council’s grant of planning permission for a recycling site.’

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Local Government Lawyer, 10th November 2016

Source: www.localgovernmentlawyer.co.uk

Coffee chain fined £160k for leaving rubbish bags on London streets – Local Government Lawyer

Posted August 15th, 2016 in costs, environmental protection, fines, litter, news, waste by sally

‘Starbucks has been fined more than £160,000 after two stores in central London repeatedly left rubbish bags on a busy pavement outside of normal collection times.’

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Local Government Lawyer, 12th August 2016

Source: www.localgovernmentlawyer.co.uk

Record sentence handed down in environmental prosecution – Local Government Lawyer

Posted July 22nd, 2016 in environmental protection, fraud, news, sentencing, waste by sally

‘A Leeds waste operator has been jailed for seven years and six months for £2.2m fraud involving recycled electrical waste following an Environment Agency investigation.’

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Local Government Lawyer, 19th July 2016

Source: www.localgovernmentlawyer.co.uk

Derby residents consider legal action over fly plague – BBC News

Posted June 8th, 2016 in animals, environmental health, news, waste by sally

‘Residents plagued by flies from a recycling centre said they hope to take legal action against the Environment Agency and the site operator.’

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BBC News, 7th June 2015

Source: www.bbc.co.uk

Odd laws you may unknowingly break – BBC News

‘An 800-year-old dress code banning women from taking off their hats may finally be overturned later in Norfolk. But what other old-fashioned, or just plain strange, rules are in place around England?’

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BBC News, 31st May 2016

Source: www.bbc.co.uk

Money down the drain – Nearly Legal

Posted May 25th, 2016 in costs, easements, housing, local government, news, nuisance, waste, water by sally

‘Nuisance cases are tricky. There is a lot to establish for causation, for liability and for loss. This case is perhaps a cautionary tale about the need to be constantly alert to changes in the facts and expert opinion as they emerge over the course of the case. It is also an object example of litigation between neighbours that got completely, astonishingly, out of hand in relation to the initial objectives.’

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Nearly Legal, 25th May 2016

Source: www.nearlylegal.co.uk

13 ways you might be accidentally breaking the law, according to lawyers – The Independent

‘Various ways in which people may inadvertently break the laws of the UK while at home have been listed by lawyers.’

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The Independent, 10th May 2016

Source: www.independent.co.uk

Tarmac wins Court of Appeal battle over quarry restoration and waste – Local Government Lawyer

Posted November 19th, 2015 in appeals, construction industry, EC law, news, planning, waste by tracey

‘Tarmac has won a Court of Appeal battle over whether the use of waste in restoring a quarry was waste disposal or waste recovery.’

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Local Government Lawyer, 18th November 2015

Source: www.localgovernmentlawyer.co.uk

Law changed so nuclear waste dumps can be forced on local communities – The Guardian

‘Nuclear waste dumps can be imposed on local communities without their support under a new law rushed through in the final hours of parliament.’

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The Guardian, 5th April 2015

Source: www.guardian.co.uk

Regina v McDowell; Regina v Singh – WLR Daily

Posted February 26th, 2015 in appeals, confiscation, law reports, licensing, proceeds of crime, sentencing, waste by sally

Regina v McDowell; Regina v Singh [2015] EWCA Crim 173; [2015] WLR (D) 84

‘Where trading receipts were obtained as a result of lawful trading activity rather than a failure to register particulars with the local authority under the Scrap Metal Dealers Act 1964 before carrying on business as a scrap metal dealer, the trading activity was not criminal conduct from which benefit accrued, and the trading receipts were excluded from the criminal lifestyle provisions under section 75(2) of the Proceeds of Crime Act 2002.’

WLR Daily, 19th February 2015

Source: www.iclr.co.uk

The knotty problem of Fallopia Japonica – Hardwicke Chambers

Posted November 18th, 2014 in environmental protection, misrepresentation, news, nuisance, sale of land, waste by sally

‘Japanese Knotweed (Fallopia Japonica) was originally introduced to the UK in the 1850s as an ornamental plant and animal feed, but it has spread rapidly and estimates now suggest at least one infestation in every 10km2. Knotweed can grow 3 – 4m in a 10 week growing season, and as little as 0.7 grams of rhizome can produce a new plant within only 10 days. The rhizomes can spread to a depth of 3 metres, and 7 metres horizontally. This strong growth and invasive root system can damage concrete foundations, buildings, roads, paving and retaining walls. For good reason, therefore, Knotweed is described by the Environment Agency as “indisputably the UK’s most aggressive, destructive and invasive plant”.’

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Hardwicke Chambers, 10th November 2014

Source: www.hardwicke.co.uk