Corporate Statement: Berkley Marsh Public Spaces Protection Order Berkley Marsh Order No. 2 - PSPO for Berkley Lane, Frome
In 2017, Mendip District Council adopted a Public Spaces Protection Order (PSPO), a tool afforded by the Anti-social Behaviour, Crime and Policing Act 2014, to place concrete blocks at two locations along Berkley Lane which has contributed to curtailing the fly-tipping issue.
The initial PSPO was made for an interim period of 3 months and at the expiration of that time a further PSPO was made for three years (the maximum amount permitted, which can be subject to extension in certain circumstances) and this is due to expire on the 18th of February 2021.
A key requirement of the successful implementation for the terms and conditions of the PSPO was to install gated access. Unfortunately, the Council has been unable to do this for a variety of reasons including being unable to settle the legal challenges lodged to the interim and subsequent PSPO. In addition to internal legal advice from the Council's in-house lawyers, external barrister's advice has been sought which confirms that there has been no decided case law over the last 3 years relevant to the legal arguments currently in play and there are no other relevant cases pending. The Council therefore needs to take the difficult decision not to extend the current PSPO nor make a new PSPO.
Despite the efforts of the community, the parish council, the district council and other agencies, the measures put in place have not resolved the issue, and fly tipping continues in and around the locality. As such, we are taking a fresh approach and determining all mechanisms available to us and other agencies.
The Council has written to residents to give them an update and to also thank them for their help and support in tackling environmental crime in and around Berkley Lane. The letter also expresses our regret that we have collectively with other agencies been unable to fully resolve the issues to date. A copy of the letter is provided below.
The public can play a key role in helping the Council catch the fly-tippers.
To contact the council to report fly-tipping call 0300 303 8588 or report directly online https://www.mendip.gov.uk/article/7612/Report-Fly-tipping- .
Community Letter, Berkley Lane
FAQS: Fly Tipping
The dumping of waste (fly tipping) and dropping of litter is illegal and both are punishable by a fine. The Council are responsible for sweeping the streets and removing litter. The Council does not clear dumped rubbish or litter from private land, this is the responsibility of the landowner/tenant.
Your legal duty of care
Every individual and business has a duty of care over their waste, even after it has left your home or premises, and failure to take reasonable steps to do this risks prosecution and a fine.
How do report fly-tipping?
You can either fill in a quick and easy form on the Council's website here: https://www.mendip.gov.uk/article/7612/Report-Fly-tipping- or you can call our customer service team on 0300 303 8588.
Do the Council clear dumped rubbish or litter from private land?
No, this is the responsibility of the landowner/tenant.
What information do the Council need about the fly-tipping?
We must have the following information to be able to investigate a reported fly-tipping:
- Contact information in case we are unable to locate the dumped waste
- Location e.g. town or village and a road name
- Brief directions of how to find it
- Type of waste e.g. general litter, fly-tipping such as a fridge, sofa cushions etc
- Approximate amount of waste e.g. car boot, small van or transit van
- Is it hazardous waste e.g. chemical drums or asbestos (these will be collected by a specialist team)
I have witnessed illegal dumping of waste, what should I do?
If you have witnessed the illegal dumping of waste, do not disturb the site, there may be evidence that could help identify the individuals responsible and enable the council to pursue them and take subsequent enforcement. Please provide the following additional information:
- Vehicle registration
- Brief description of the vehicle/s seen fly-tipping
- Brief description of the person/people seen fly-tipping
- Photographic evidence if possible, of the above
- Date and time you witnessed the incident
If you find dangerous litter, such as an empty syringe, dog fouling, or a major spillage on a public road, please report it to us.
To contact the council to report fly-tipping call 0300 303 8588 or report directly online: https://www.mendip.gov.uk/article/7612/Report-Fly-tipping-.
I have my waste collected, why is it important to check they have a waste carrier's licence?
If you or your business pay someone to take your waste away - whether by man-with-a-van, builder, gardener or other tradesperson - it is important to check if they have a waste carrier's licence.
Ask to see the licence, and ensure you check where your waste will go. You can also go online to see if they are registered with the Environment Agency - click on the link below - or call the agency on 03708 506 506.
Access the Environment Agency's public register of data: