Threat of private prosecution clears Bridgend fly-tipping

Fly-tipping on common land near Bridgend was swiftly cleared after HCR lawyers Bryn Thomas and Aled Owen developed a solution to stop, punish and address those causing the problem.

The offender, identified through the waste they dumped, was threatened with a private environmental prosecution on behalf of HCR’s client, the Coity Wallia Commoners Association (CWCA).

The Association faced having to clear up the paper waste scattered near Bryncethin on the common land they own and manage, and where they graze sheep, after it was made clear that neither South Wales Police nor Bridgend County Borough Council intended to pursue a prosecution.

Bryn Thomas said: “The CWCA came to us for advice and we talked through the merits of a private prosecution. A letter to the offender, who was identifiable from papers in the waste and who lived in the Bridgend area, started the process; I then went to Cardiff magistrates court so that they could issue a summons, and then the offender paid up, which was a great result for the CWCA.

Private prosecutions are not often used in these cases, but it was very effective and it means that the Association doesn’t have to find the £600 clear-up and legal costs

“Private prosecutions are not often used in these cases, but it was very effective and it means that the Association doesn’t have to find the £600 clear-up and legal costs.”

Waste dumped on farmland is often a low priority for local authorities, the lawyers said, saying this is an “innovative way” to protect the rights of commoners, farmers and landowners.

The CWCA, which is considering investing further to combat fly tipping on the commons because of this success, even without police and council support, has urged other commoners’ associations to take positive, direct action, with the expert advice that they received.

Huw Griffiths, secretary of the CWCA said: “Fly tipping is a national problem on common land and we are delighted that the threat of private prosecution forced the offender to take responsibility for his actions by paying the clear up and legal costs associated with the illegal deposit of waste.

“We will be instructing HCR again and would like to thank Aled and Bryn in the regulatory team for their specialist guidance and representation.”

Privacy Overview
Circular Online

This website uses cookies so that we can provide you with the best user experience possible. Cookie information is temporarily stored in your browser and helps our team to understand which sections of the website you find most interesting and useful.

More information about our Cookie Policy

Strictly Necessary Cookies

Strictly necessary cookies allow core website functionality and the website cannot be used properly without them. These cookies include session cookies and persistent cookies.

Session cookies keep track of your current visit and how you navigate the site. They only last for the duration of your visit and are deleted from your device when you close your browser.

Persistent cookies last after you’ve closed your Internet browser and enable our website to recognise you as a repeat visitor and remember your actions and preferences when you return.

Functional cookies

Third party cookies include performance cookies and targeting cookies.

Performance cookies collect information about how you use a website, e.g. which pages you go to most often, and if you get error messages from web pages. These cookies don’t collect information that identifies you personally as a visitor, although they might collect the IP address of the device you use to access the site.

Targeting cookies collect information about your browsing habits. They are usually placed by advertising networks such as Google. The cookies remember that you have visited a website and this information is shared with other organisations such as media publishers.

Keeping these cookies enabled helps us to improve our website and display content that is more relevant to you and your interests across the Google content network.

Send this to a friend