At Chelmsford Magistrates Court on Monday 22nd October 2007 Mr
McConnell and Miss Emma Whitten of 30 Foxglove Close, Witham
pleaded guilty by post to the failure to comply with a Notice under
Section 46 of the Environmental Protection Act 1990. The
prosecution follows a complaint received by the council on the 7th
December 2006 about an excess amount of black bags at the rear of
30 Foxglove Close and which was causing a health hazard.
On 8th December 2006, Environmental Protection Officer, visited the
rear alleyway and found 32 black bags of household
waste. Checks made within the bags found a number of
letters and an envelope addressed to Mrs Whitten, of 30 Foxglove
Close. The grey-wheeled bin was also checked and was found to
be two thirds full of what appeared to be dog excrement. The
site was then cleared of all the waste at the expense of the
Council Tax Payer as there was clearly a risk to health and it was
also attracting rats to the area.
Following this, on 21 December 2006, two Section 46 Notices
under the Environmental Protection Act 1990 were issued and hand
delivered to the 30 Foxglove Close, one addressed to the
accused.
On 5th February 2007 an Environmental Protection Officer
attended the rear of 30 Foxglove Close and found a large quantity
of full black bags again thrown into a heap at the rear of the
property and the grey wheeled bin found to be full of dog
excrement.
On 9th March, a further visit to the property revealed a large
number of black bags at the rear of the property. Two Fixed
Penalty Notices for £100 were then issued to the offenders and they
were written to requiring clearance of the waste within 7
days. This waste was not however cleared and in the interests
of public health, Braintree District Council removed 53 black bags
of waste at the expense of the taxpayer.
Ms Whitten and Mr McConnell failed comply with the notice and to
pay the fixed penalty notices and a prosecution for an offence
under Section 46 of the Environmental Protection Act was then
brought by the Environmental Protection
Department.
At the hearing on the 22nd October 2007, Magistrates sentenced
Mr McConnell to a fine of £150.00 and costs of £362.80 and Ms
Whitten to a fine of £150.00 and Costs of £362.80
