Prosecution for failing to meet Duty of Care

A property developer who paid a stranger £60 to dispose of building waste has been hit with a bill of more than a £1,000.

Michael Neil Heard, of Penylan Road St  Brides Major, pleaded guilty to failing to meet his duty of care to prevent the flytipping of waste from a property he was developing in Porthcawl.

On November 3 Neath Magistrates Court were told that eagle-eyed waste enforcement supervisor Leighton Case and Sergeant Andy Scourfield were returning from Bridgend when they passed the Aberbaiden area on May 13 of this year when they spotted the waste.

Among the waste they found correspondence which led them to 52-year-old Heard, who was subsequently interviewed by Leighton Case on June 8.

Mike Shaw, Neath Port Talbot Council prosecutor, told justices that Heard informed Mr Case that he had received a visit from someone not known to him who asked whether he had any scrap material to dispose of from his Porthcawl property.

He said: “This man, only known as Shaun, also offered to dispose of any waste the defendant (Mr Heard) had.

“The defendant said that Shaun produced a document he believed to be from the Environment Agency, although he had no recollection of what the document said or to whom it had been issued. The disposal price was agreed at £60.00 which the defendant paid in cash.”

In his mitigation Heard’s solicitor, Mr Davies, said the defendant has been cooperative with the local authority throughout his dealings.

Heard was fine £750 with £284.21 costs and £15 victim surcharge.

Waste Enforcement supervisor Leighton Case said the Authority’s zero tolerance approach to flytipping is having a positive impact on our communities.

He said: “The Waste Enforcement team are working tirelessly with other agencies, such as the police and Environment Agency, to identify the culprits who have illegally dumped waste and bring them before the courts.

“Between April 09 and March 2010 the Authority prosecuted 46 people for flytipping offences, almost half of the prosecutions brought by local authorities in Wales that financial year.  This is clearly illustrating our message that flytipping will not be tolerated in Neath Port Talbot.”

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