Businessman guilty of dumping waste on private road in Shortlands

News Shopper: Bromley Magistrates Bromley Magistrates

A businessman must pay more than £1,000 after dumping waste on a private road in Shortlands.

Nicholas Rogers, 41, from Bradford Close, was found to have disposed of roofing materials in a secluded and unmade section of Downsbridge Road, not far from the train station.

An investigation by Bromley Council’s environmental protection team uncovered multiple ‘fly-tips’ where a large quantity of waste was left at the site.

Rogers appeared at Bromley Magistrates' Court and pleaded guilty to one charge of fly-tipping.

He was ordered to pay costs of £1,192 to the council as well as a £100 fine and £20 victim surcharge by the court.

Executive councillor for the environment, Colin Smith, said: “Dumping waste is never acceptable and such criminal behaviour will not be tolerated in our borough.

“Fly-tipping is dangerous, harmful and expensive to deal with.

“Where there is evidence available, we will not hesitate to prosecute and this latest prosecution should serve as a warning to others that they too will face prosecution.”

Comments (6)

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12:33pm Mon 7 Jul 14

sarlane says...

This is inaccurate reporting (thanks to whoever wrote the headline). The man was fined £100 - the rest of the payment was costs and victim surcharge (although I'm not sure who the victim was supposed to be). Who was supposedly proof-reading this sub-editor's work?
This is inaccurate reporting (thanks to whoever wrote the headline). The man was fined £100 - the rest of the payment was costs and victim surcharge (although I'm not sure who the victim was supposed to be). Who was supposedly proof-reading this sub-editor's work? sarlane
  • Score: 2

1:17pm Mon 7 Jul 14

Brook says...

'although I'm not sure who the victim was supposed to be'
Sarlane , the victims are the residents of Bromley who have to pay for the council to remove the waste left by these criminals

Should be a £5000 minimum fine and confiscation of the vehicle used to transport the waste
'although I'm not sure who the victim was supposed to be' Sarlane , the victims are the residents of Bromley who have to pay for the council to remove the waste left by these criminals Should be a £5000 minimum fine and confiscation of the vehicle used to transport the waste Brook
  • Score: 5

2:32pm Mon 7 Jul 14

Gypo.Joe says...

Obviously Sarlane isn't a Bromley resident. Tell us all where you live Sarlane and we will all come to your house and all dump our crap and you can then pay to have it removed.

Are you really that stupid ?
Obviously Sarlane isn't a Bromley resident. Tell us all where you live Sarlane and we will all come to your house and all dump our crap and you can then pay to have it removed. Are you really that stupid ? Gypo.Joe
  • Score: -2

5:22pm Mon 7 Jul 14

molsey says...

Typical Cllr Smith yet again claiming all the glory for a smallfry case and a£100 fine, yet he has repeatedly shied away, sits on his hands and does absolutely nothing about waste4fuel.
Typical Cllr Smith yet again claiming all the glory for a smallfry case and a£100 fine, yet he has repeatedly shied away, sits on his hands and does absolutely nothing about waste4fuel. molsey
  • Score: 3

8:46pm Mon 7 Jul 14

Petras says...

molsey wrote:
Typical Cllr Smith yet again claiming all the glory for a smallfry case and a£100 fine, yet he has repeatedly shied away, sits on his hands and does absolutely nothing about waste4fuel.
You lie. The council have no power to do anything more in relation to waste 4 fuel. Cllr Smith has done more than most but his hands are unfortunately tied. It's a matter for the Enviroment Agency
[quote][p][bold]molsey[/bold] wrote: Typical Cllr Smith yet again claiming all the glory for a smallfry case and a£100 fine, yet he has repeatedly shied away, sits on his hands and does absolutely nothing about waste4fuel.[/p][/quote]You lie. The council have no power to do anything more in relation to waste 4 fuel. Cllr Smith has done more than most but his hands are unfortunately tied. It's a matter for the Enviroment Agency Petras
  • Score: -1

6:35am Tue 8 Jul 14

molsey says...

Petras wrote:
molsey wrote:
Typical Cllr Smith yet again claiming all the glory for a smallfry case and a£100 fine, yet he has repeatedly shied away, sits on his hands and does absolutely nothing about waste4fuel.
You lie. The council have no power to do anything more in relation to waste 4 fuel. Cllr Smith has done more than most but his hands are unfortunately tied. It's a matter for the Enviroment Agency
Petras,

I do not lie, not at all, if you've got a brain cell and it has not yet died of loneliness, read below and come back to me with any sensible criticism.

Of course this course of action would necessitate the council having to compensate Waste4Fuel but it would definitely solve the problem.

WASTE4FUEL, NINTH FIRE
ATT ROBIN FISK
Dear Mr Fisk, you have run 2 stories on the above, the first on Tuesday 26th Nov, and the second on Weds 27th Nov. Please review the comments in both stories and you will see I have spelt out the way to have the waste4Fuel yard closed down permanently by way of a DISCONTINUANCE ORDER. I obtained this solution from a good friend of mine who is a Planning Barrister from Chambers in the Temple, London.
At the time of writing neither Jo Johnson MP nor Cllr Colin Smith have replied to my posting/s. May I suggest you contact both of these Bromley officials to see if they are taking the DISCONTINUANCE ORDER route seriously and report their response in the NS.
Regards, Molsey
BY EMAIL 10.15AM MON 2ND DEC 2013

molsey says... 12.45pm Sat 30th Nov 13
AN OPEN LETTER TO COUNCILLOR COLIN SMITH

Dear Cllr Smith,

You have claimed and stated many things in your comments above, including that you and the Council has gone far beyond what it can control itself, I BEG TO DIFFER. You need have gone no further than your own Bromley Council Legal Department to find the LAW and the weapon in the Council's existing Enforcement Armoury that will deal with the Waste4Fuel fiasco once and for all. It is called a DISCONTINUANCE ORDER and I provide it below.

Discontinuance Orders
Section 102 of the Town and Country Planning Act 1990 enables a local planning
authority to make an order requiring that any use of land shall be discontinued, or
continued subject to conditions (s102(1)(a)), or that any buildings or works shall be
altered or removed (s102(1)(b)). An order may also grant planning permission for
development subject to conditions specified in the order.
An order under s102 can be made if the local planning authority is satisfied that it is
appropriate in the interests of the proper planning of the area (including the
interests of amenity and any present or future detriment to amenity). The decision
to make a discontinuance order must take account of the development plan and
other material considerations.
Discontinuance orders are made to deal with the use to which land is being put.
An order can discontinue any existing use of land (whether lawful or unlawful) or,
alternatively, can impose conditions on the continuance of a use of land. It may
also require any buildings or works to be altered or removed.
A claim for compensation may be made to the local planning authority under s115
of the Act if it is shown that a person having an interest in the land has suffered
damage in consequence of the order. Other persons may be entitled to
compensation in respect of disturbance in their enjoyment of the land or for
carrying out works in compliance with the order.
Unlike unopposed revocation and modification orders, discontinuance orders need
to be confirmed by the Secretary of State. He has power to modify the submitted
order, including power to grant planning permission or to modify the order’s grant
of planning permission. Before confirming an order, the Secretary of State must
provide an opportunity to be heard to any person on whom the order has been
served.

I trust now you will bring this to the attention of your Legal Dept and report back here that you have done so?

Molsey
[quote][p][bold]Petras[/bold] wrote: [quote][p][bold]molsey[/bold] wrote: Typical Cllr Smith yet again claiming all the glory for a smallfry case and a£100 fine, yet he has repeatedly shied away, sits on his hands and does absolutely nothing about waste4fuel.[/p][/quote]You lie. The council have no power to do anything more in relation to waste 4 fuel. Cllr Smith has done more than most but his hands are unfortunately tied. It's a matter for the Enviroment Agency[/p][/quote]Petras, I do not lie, not at all, if you've got a brain cell and it has not yet died of loneliness, read below and come back to me with any sensible criticism. Of course this course of action would necessitate the council having to compensate Waste4Fuel but it would definitely solve the problem. WASTE4FUEL, NINTH FIRE ATT ROBIN FISK Dear Mr Fisk, you have run 2 stories on the above, the first on Tuesday 26th Nov, and the second on Weds 27th Nov. Please review the comments in both stories and you will see I have spelt out the way to have the waste4Fuel yard closed down permanently by way of a DISCONTINUANCE ORDER. I obtained this solution from a good friend of mine who is a Planning Barrister from Chambers in the Temple, London. At the time of writing neither Jo Johnson MP nor Cllr Colin Smith have replied to my posting/s. May I suggest you contact both of these Bromley officials to see if they are taking the DISCONTINUANCE ORDER route seriously and report their response in the NS. Regards, Molsey BY EMAIL 10.15AM MON 2ND DEC 2013 molsey says... 12.45pm Sat 30th Nov 13 AN OPEN LETTER TO COUNCILLOR COLIN SMITH Dear Cllr Smith, You have claimed and stated many things in your comments above, including that you and the Council has gone far beyond what it can control itself, I BEG TO DIFFER. You need have gone no further than your own Bromley Council Legal Department to find the LAW and the weapon in the Council's existing Enforcement Armoury that will deal with the Waste4Fuel fiasco once and for all. It is called a DISCONTINUANCE ORDER and I provide it below. Discontinuance Orders Section 102 of the Town and Country Planning Act 1990 enables a local planning authority to make an order requiring that any use of land shall be discontinued, or continued subject to conditions (s102(1)(a)), or that any buildings or works shall be altered or removed (s102(1)(b)). An order may also grant planning permission for development subject to conditions specified in the order. An order under s102 can be made if the local planning authority is satisfied that it is appropriate in the interests of the proper planning of the area (including the interests of amenity and any present or future detriment to amenity). The decision to make a discontinuance order must take account of the development plan and other material considerations. Discontinuance orders are made to deal with the use to which land is being put. An order can discontinue any existing use of land (whether lawful or unlawful) or, alternatively, can impose conditions on the continuance of a use of land. It may also require any buildings or works to be altered or removed. A claim for compensation may be made to the local planning authority under s115 of the Act if it is shown that a person having an interest in the land has suffered damage in consequence of the order. Other persons may be entitled to compensation in respect of disturbance in their enjoyment of the land or for carrying out works in compliance with the order. Unlike unopposed revocation and modification orders, discontinuance orders need to be confirmed by the Secretary of State. He has power to modify the submitted order, including power to grant planning permission or to modify the order’s grant of planning permission. Before confirming an order, the Secretary of State must provide an opportunity to be heard to any person on whom the order has been served. I trust now you will bring this to the attention of your Legal Dept and report back here that you have done so? Molsey molsey
  • Score: 1
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