Key Facts
- •Appellant's bin repeatedly left on public footpath.
- •Leicester City Council issued a Section 46 notice.
- •Appellant claimed inability to access alley due to neighbor's fly-tipping.
- •Council issued a fixed penalty notice of £80.
- •Appellant appealed to the First-tier Tribunal.
Legal Principles
Waste collection authority can serve a notice requiring occupiers to place waste in specified receptacles (Section 46).
Environmental Protection Act 1990
Authority can issue a fixed penalty for non-compliance without reasonable excuse, causing nuisance or detriment to amenities (Section 46A).
Environmental Protection Act 1990
Notice of intent and final notice must be served before issuing a fixed penalty (Section 46C).
Environmental Protection Act 1990
Right of appeal to the First-tier Tribunal against a fixed penalty (Section 46D).
Environmental Protection Act 1990
Council must prove non-compliance and lack of reasonable excuse on the balance of probabilities.
Case Law
Outcomes
Appeal allowed.
Appellant provided a reasonable excuse for non-compliance due to blocked alleyway caused by neighbor's fly-tipping.
Fixed penalty of £80 withdrawn.
The Tribunal accepted that the blocked alleyway, caused by the neighbour's fly-tipping, constituted a reasonable excuse for the appellant's failure to comply with the Section 46 notice.