Accumulations of Waste

Problems with accumulations of waste are both varied and widespread. At their very least they can be unsightly, whilst in some extreme cases they can have an adverse effect on public health or the environment. We are not able to take action in every case, however, the following will give an overview of the instances where we may be able to help. If you require further advice or would like to make a complaint then please contact us on 08452-304040 or 01462 611 222, or at Customer.Services@midbeds.gov.uk.  

Please click here if you would like to make a complaint or request a service on-line

 

Fly-tipping

Fly-tipping is when someone illegally dumps waste items on land not belonging to them. Further information on how we deal with fly-tipping.   

The following issues relate to waste on private land.

Accumulations affecting public health

Some waste items can pose a threat to public health. For instance waste asbestos left in someone’s back garden may release asbestos fibres into the air which may then be carried onto neighbouring property. Inhalation of these fibres may then lead to serious health effects. When we receive complaints about accumulations of waste that are “prejudicial to health” we contact the owner or occupier of the land where it is situated asking them to arrange for it to be removed. On occasions it may be necessary to serve notice on them under Section 80 of the Environmental Protection Act 1990 to ensure that it is done within a specified timescale. If they do not comply with the notice then we can arrange for contractors to remove the waste, recovering the cost of the work plus a 20% administration fee from the notice recipient.  

Please note that the definition of “prejudicial to health” within this legislation does not include physical injury caused by items such as broken glass or trip hazards such as piles of rubble.  

The Council does offer a collection service (for a fee) for sheets of asbestos cement. Further information on our Asbestos Collecton Service. 

Further information on our Special Waste Collection Services.

Accumulations giving rise to a nuisance (e.g. odour)

Environmental Services can take action under Section 80 of The Environmental Protection Act 1990 in cases where accumulations of waste give rise to odour (or flies) that constitutes a statutory nuisance. Whether or not odour constitutes a statutory nuisance depends on several factors, including, the presence of the waste, the severity of the odour, the duration of the odour episodes, how regularly they occur, and whether they would interfere with the “average” person's reasonable enjoyment of their property. On the latter point, an unpleasant odour in someone’s garden in the winter that does not enter their house would not constitute a statutory nuisance as the “average” person would not be expected to spend significant periods of time in their garden during cold weather. However, during warmer weather they are more likely to be in the garden and therefore the same odour would be more likely to constitute a statutory nuisance.

Further information on how we deal with complaints of nuisance arising from accumulations of waste, or how you could take action yourself.

Urban foxes can cause problems with their faeces etc. For further information on urban foxes and their control please visit the Fox Website. 

Accumulations providing a food source or harbourage for rodents

When we receive complaints about rodent infestations or waste capable of attracting rodents then we contact the owners or occupiers of the land in question asking them to remove the waste and take any other measures needed to keep their land free from rats or mice. As we offer a Rodent Treatment Service we may also encourage them to take advantage of this service. If the owners or occupiers refuse to carry out the necessary work then we are able to serve notice on them under Section 4 of the Prevention of Damage by Pests Act 1949 requiring them to do so. If they fail to comply with the notice within the specified timescale then we will prosecute and/or arrange for contractors to carry out the necessary works, recovering the cost of the work plus a 20% administration fee from them.

Accumulations giving rise to rodent infestations within buildings

In extreme cases where the presence of waste items within a property has led to an infestation within the building itself, we may be able to use public health legislation to deal with it as a verminous property. Should this be the case then a notice would be served on the occupier under Section 83 of the Public Health Act 1936 requiring the property to be cleaned, rubbish removed, and any necessary pest control carried out. Further information on how we deal with Filthy or Verminous Properties.

Accumulations of inert waste

Where waste is inert there is usually little that we can do. However, in exceptional circumstances where land etc is in such a condition as to adversely affect the amenity of an area then action may be possible under Section 215 of the Town & Country Planning Act 1990. Initially the Council's Planning Enforcement Team should be contacted via Customer Services on 08452-304040 or at Customer.Services@midbeds.gov.uk  in order for officers to establish whether the land is being used lawfully or whether Planning Enforcement action is necessary. Planning Enforcement webpage.  

Where the use of land does not require Planning Enforcement action then they may refer the matter to colleagues in Environmental Services to see whether there is any action that they can take. Action will not be possible if the condition of the land may have arisen from normal operations allowable by its permitted use. i.e. If the land in question is part of a domestic garden, is it being used as such?  

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