Key Facts
- •Lin Cheng appealed a Fixed Penalty Notice (FPN) issued by Hartlepool Borough Council (HBC) under s. 46C of the Environmental Protection Act 1990.
- •The FPN alleged that Mr. Cheng left a green bin out on a non-collection day.
- •Mr. Cheng claimed he was resident in London during the incident and that his property in Hartlepool was undergoing major renovations.
- •HBC did not provide evidence to support their claim, despite being requested to do so.
- •Mr. Cheng provided evidence of his London residency and HBC's awareness of the renovations.
Legal Principles
A waste collection authority may require an occupier to place waste in specified receptacles (s. 46(1)).
Environmental Protection Act 1990, Part II
An authorised officer may issue a written warning and/or FPN for failure to comply with s. 46 requirements without reasonable excuse, and if the failure caused or was likely to cause a nuisance or detriment to amenities (s. 46A).
Environmental Protection Act 1990, s. 46A
Before issuing an FPN, an authorised officer must serve a notice of intent and consider any representations (s. 46C).
Environmental Protection Act 1990, s. 46C
A person can appeal an FPN to the First-tier Tribunal (s. 46D).
Environmental Protection Act 1990, s. 46D
Outcomes
The appeal was allowed.
HBC failed to provide evidence to support their claim, and Mr. Cheng's evidence that his bin was not left out was deemed credible. The FPN was unjustified.