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Uncleared rubbish in resident's garden

Sutton resident ordered to pay nearly £2000 over rubbish eyesore

A Sutton resident has been ordered to pay £1994 after failing to remove waste from his property.

Paul Holmes of Beeley Avenue, Sutton-in-Ashfield, was given multiple warnings about a large build-up of waste to the rear of his garden after Ashfield District Council received multiple complaints of smells and pests at the location. Upon inspection of the property, Officers found a large accumulation of waste which consisted of children’s toys, pipes, wood, cycle bikes, crates, barrels and animal cages.  Mr Holmes was warned about the issues and was advised numerous times to remove the waste, but the advice was ignored. The Council issued him with a Community Protection Notice on 25 May 2022. The notice required the resident to remove the waste from his garden within 14 days.

Despite these warnings, Mr Holmes did not comply with the requirements of the notice which lead to the Council’s Community Safety Team taking legal action to prosecute him. On 19 January 2023 the case was heard at Mansfield Magistrates Court where Mr Holmes was convicted under the Anti-Social Behaviour, Crime and Policing Act 2014.

Mr Holmes was fined £660 for failing to comply with the notice, ordered to pay a victim surcharge of £264, and to pay legal costs of £1,070. This came to a total of £1,994 which was ordered to be paid within 28 days. The Court also granted the Council a Remedial Order requiring Mr Holmes to remove the waste by 16 February 2023.

Cllr Helen-Ann Smith, Deputy Leader and Portfolio Holder for Community Safety and Crime Reduction said:

“This is another example of the Council taking positive action to tackle irresponsible behaviour. The resident showed a total lack of regard by ignoring warnings issued by the Council about his waste. We will always try to work with residents to resolve issues like this, however due to the adverse impact this was having, we had no choice but to take the case to court.
Over the past 12 months, the Council’s Community Safety Team have prosecuted three residents through the courts for environmental related offences. We will not tolerate environmental crime of any kind, and this should act as a warning to those who think that they will get away with dumping waste, fly-tipping or littering in our District.’’

Antonio Taylor, Community Safety Manager at Ashfield District Council, said:

“This is another fantastic result by the team to improve the local area. Every resident has a duty of care to ensure that their waste is disposed of correctly and legally. The resident in question failed in his duty of care and evidence gathered by the team lead to a successful prosecution and a recovery of costs.’’

The Council offers a waste collection service for large items, like fridges and freezers. You can book and pay for Bulky Waste collections online.