Criminal behaviour order for fly-tipper

A 28-year-old who ran ‘a man and his van’ rubbish disposal service then fly-tipped in and around Plymouth has been given a suspended prison sentence and a three year criminal behaviour order.

Liam Donaldson, currently of no fixed abode, pleaded guilty to a charge of fly-tipping on 26 August and one offence of obstructing the investigation. He was given 10 weeks for each offence to run concurrently but suspended for a year.

The Council also successfully applied to the magistrates for a three-year Criminal Behaviour Order, and Donaldson has been ordered to:
• not be involved in a business or enterprise which involves collecting, carrying, depositing and or transporting waste by any means
• advertise services of waste collection, removal and or disposal
• Solicit, offer or agree to remove waste from any premises for any person, business or enterprise,
• Collect, carry transport or deposit any waste in the course of his or any other business or enterprise.

He was ordered to pay £2,000 costs, £215 compensation for the clean-up costs and ordered to work 150 hours of unpaid work for the community.

Donaldson advertised as a man and van service offering removals and waste disposal on Gumtree and Facebook.

The court heard that a Council environmental health officer drove past a layby on Merafield Road on 26 August last year and noticed a large amount of rubbish. She took photographs and found cardboard packaging with a name and address on it. The waste was traced to a Plymouth resident who said it had been collected by Liam Donaldson. Rubbish included mattresses, broken wardrobe parts, chairs, bed parts, an oil radiator and an arm chair.

As part of the application for the Criminal Behaviour Order, more details were provided to the magistrates about a further incident on 4 September. South Hams District Council shared information with Plymouth City Council after they were alerted to a large fly tip covering a four mile stretch on Dartmoor, involving 30 bin liners as well as old furniture, toys, rubble bags, blue sacks full of garden waste, a toy tiger, a carpet and a microwave. Names and addresses were found among the rubbish and again traced back to a resident who had used Donaldson’s services.

Donaldson was not a registered waste carrier despite advertising to remove waste.

Councillor Dave Downie, Cabinet member for Safer and Stronger Communities said: “The judge described this case as ‘an absolute blight on the community’ and the scale of the fly tipping was quite simply shocking. This case also serves as an important reminder, if you use a ‘man and a van’ service, you must check that they have a waste carriers licence.”