A LANDOWNER in Malvern has been ordered to pay almost £1,000 for failing to remove an unsightly and dangerous mound of rubble.
Richard Colwill, of Dingle Farm in Little Witley, pleaded guilty to breaching a community protection notice (CPN) issued by Malvern Hills District Council when he appeared at Worcester Magistrates’ Court last Thursday (March 2).
The 73-year-old was fined £267, ordered to pay £700 in costs and a £30 victim surcharge.
Coun Bronwen Behan, portfolio holder for environment on Malvern Hills District Council, said: “This rubble mound was both unsightly and dangerous due to its position near the right of way and a road.
“We have a duty to protect our communities from behaviour which impacts on their quality of life.
“While we’ll always look to work with people in the first instance, we will not hesitate to prosecute those that fail to take their responsibilities seriously.”
The district council first received a report about a significant pile of rubble on land next to Dingle Farm on September 10 last year.
Although the rubble was on Richard’s land, concerns were raised about the fact the pile looked unsightly and was dangerous due to its location near to a lay-by and right of way.
A council officer visited the site two days later and confirmed the report.
Richard was later issued with a CPN requiring him to remove and correctly dispose of the rubble.
The council has the power under the Anti-social Behaviour Police and Crime Act 2014 to issue CPNs to deal with behaviour which is having an impact on a community’s quality of life and unreasonable behaviour.
It was later agreed Richard would be given until the end of December last year to comply with the notice and ensure the surrounding land did not fall into a further state of disrepair.
Regular visits to the site were made to monitor the situation but as of February 6 this year no progress had been made and the decision was taken to prosecute.
In mitigation, the court heard Richard had planned to have the rubble broken down and use it on his farm to repair stoned trackways but weather conditions deteriorated and the ground he intended to operate on became too soft.
He said while he was permitted to store waste and had the relevant permission from the Environment Agency, he accepted it should be done without impacting on the surrounding countryside.
Richard added some rubble had already been removed.
