
Fly-tipper's terrible excuse for waste dumped at picnic spot
The driver of a van seen in the area was tracked down - and gave a terrible explanation for how the waste ended up at the beauty spot
The waste found illegally dumped near Mosshouse reservoir in Neath
(Image: Neath Port Talbot Council )
A van driver has been fined after waste from a bathroom refurbishment project was found fly-tipped near a picnic area and beauty spot, a court has heard. The driver was located after detective work by council officers
The defendant has been fined £153 but been ordered to pay another £1,500 in prosecution costs. A councillor has thanked the members of the public who provided information on the case for their "community-spirited action".
Swansea Magistrates Court heard the waste was discovered on October 18, 2022, near the Mosshouse Woods reservoir off Fairyland Road in Neath when a number of people who knew the area as a fly-tipping hotspot became suspicious of the activities of a tipper-style van.
At the reservoir picnic site the eagle-eyed members of the public found bathroom fittings and furniture including a broken toilet, a sink, and shower screens along with other items had been dumped.
They passed on the information to Neath Port Talbot Council's waste enforcement team.
The court heard an investigation by council officers traced the dumped waste to a house which had undergone a bathroom refurbishment, and the officers also then located the owner of the van seen near the reservoir.
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The owner said at the time of the offence the vehicle was being used by a man called Richard Holland who was spoken to and who later attended an interview at Neath Civic Centre. For the latest court reports sign up to our crime newsletter
During the interview Holland accepted he was in control the van on the day in question but denied dumping the waste claiming he had taken it to a skip.
He told the officers: "Someone must have placed the waste back in the vehicle from the skip and travelled to the location and deposited it".
Richard Marc Holland, aged 47, of Jersey Road, Bonymaen, Swansea, had previously pleaded guilty to an offence under the Environmental Protection Act 1990 when the case returned to court to be sentenced.
The defendant was fined £153 and was ordered to pay £1,500 in prosecution costs along with a £61 victim surcharge.
The court heard that though the defendant was not seen depositing the waste, section 33 of the 1990 act establishes that the person in control of a vehicle carrying controlled waste is considered to be knowingly causing the waste to be deposited - even without direct instructions - if the waste is deposited from the vehicle.
This means that the person in control of the vehicle is held responsible for the waste's illegal deposit, regardless of whether he or she personally gave the order for the waste to be deposited.
Speaking after the sentencing councillor Scott Jones, Neath Port Talbot Council's cabinet member for street scene, said: "I'd like to thank the members of the public for their community-spirited action in initially bringing this matter to our attention.
"Fly tipping is a crime against our environment and we will pursue a prosecution either in court or via a fixed penalty notice. We take this nationwide issue extremely seriously and will continue to have a zero-tolerance approach."
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