Key Facts
- •Appellant left wheelie bin on public footpath in breach of s.46 notice from Leicester City Council.
- •Appellant claims inability to access alleyway due to locked gates and fence, preventing bin storage.
- •Council asserts alleyway and gates are privately owned, not their responsibility.
- •Appellant did not respond to council's notice of intent to impose a fixed penalty.
- •Appellant's only evidence of contact with the council regarding alleyway access dates back to 2017.
Legal Principles
Waste collection authority can serve notice requiring occupiers to place waste in specified receptacles (s.46 EPA 1990).
Environmental Protection Act 1990
Authority may issue a written warning and then a fixed penalty for non-compliance without reasonable excuse, causing nuisance or detriment to amenities (s.46A EPA 1990).
Environmental Protection Act 1990
Before issuing a fixed penalty, a notice of intent must be served (s.46C EPA 1990).
Environmental Protection Act 1990
Appeal to First-tier Tribunal is allowed against a fixed penalty notice (s.46D EPA 1990).
Environmental Protection Act 1990
Council must prove on balance of probabilities that s.46A(1) is satisfied; appellant can raise reasonable excuse.
Case Law
Outcomes
Appeal dismissed.
Appellant failed to provide reasonable excuse for non-compliance with s.46 notice. Council proved breach and lack of reasonable excuse on the balance of probabilities. Appellant’s evidence of prior contact with the council was insufficient.