Prosecution success despite resident's failure to assist with investigation

Chorley Council have secured a prosecution against a resident who failed to assist during an investigation relating to a fly tipping offence.

In July 2022, Chorley Council received a report of a fly tip on Coppull Hall Lane, Coppull, with investigations by a council officer leading them to Louis Black of Foxglove Drive, Whittle-le-Woods. 

Several attempts were made to interview Mr Black under caution to ascertain his part in the fly tip, however, following his failure to attend, the council instigated proceedings against him anyway for failing, without reasonable excuse, to provide assistance to an authorised person in the execution of his power or duties - Environment Act 1995 s.110(2) (b). 

Councillor Alistair Morwood, Executive Member of Chorley Council (Planning and Development) said: "Fly tipping is a disgusting crime which impacts the environment and puts unnecessary demand on council resources, therefore we'll always do what we can to take action against those responsible, or those who fail to assist us with our investigations. 

"In this case, failure to attend interviews and assist us with our enquiries hasn't deterred us from pursuing this case, leading to prosecution." 

Earlier this month, on 10 August 2023, at Preston Magistrates, Black was found guilty, in his absence, of failing, without reasonable excuse, to provide assistance to an authorised person in the execution of his power or duties - Environment Act 1995 s.110(2) (b). 

He was fined £440, and Chorley Council were awarded costs of £220 and a victim surcharge of £88.00. 

Since April this year, the Council has issued six fixed penalty notices and four warning letters for offences relating to fly tipping and waste, and several cases that have been referred for proceedings in the courts. 

Information on disposing of waste can be found on the waste section of this website.

Incidents of fly tipping in Chorley can be reported through the fly tipping page of this website.