Decision details
Amendment to Fixed Penalty Notices issued for breaches of the Environmental Protection Act 1990
PDF 56 KBDecision Maker: Executive Member for Culture, Delivery and Public Protection
Decision status: Recommendations Approved
Is Key decision?: Yes
Is subject to call in?: Yes
Purpose:
To increase the current Fixed Penalty Charge
for penalty notices issued for offences under Section 33 and
Section 34 of the Environmental Protection Act 1990.
Decision:
RESOLVED to increase the fixed penalty notice charge issued under the Unauthorised Deposit of Waste (Fixed Penalties) Regulations 2016 as amended to the levels set out in 5.9 of the report.
Reasons for the decision:
To follow due process in the setting of Fixed Penalty Notice (FPN) levels to ensure that the issue of FPN’s is legally robust.
To assist with recovering the cost of investigations and to ensure that those individuals that are responsible for this activity are held accountable as well as recovering the cost of clear up.
To act as a deterrent to those perpetrating these serious offences.
Alternative options considered:
No change.
Setting the fee at a higher level. However, there is concern that this would lead to fewer payments being made and more challenge through the courts,
Interests and Nature of Interests Declared:
None.
Reason Key: Affects more than 1 ward;
Wards Affected: (All Wards);
Financial Impact: Will be contained within the report
Declarations: None
Subject to Urgent Proceedings: No
Making Representations: In writing to the Executive Director: Delivery
Other reasons / organisations consulted
N/A
Contact: Damian James, Assistant Director: Contract Services Email: damian.james@bracknell-forest.gov.uk Tel: 01344 355157.
Publication date: 20/12/2023
Date of decision: 20/12/2023
Effective from: 03/01/2024
Accompanying Documents: