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£12,000 Fine For Wendover Flytipper

Rhencullen Farm tipped waste material IMG_0088

Published by the Mix96 News Team at 12:28pm 16th February 2016.

A man who runs a stables near Wendover's been fined £12,000 for flytipping.

Dean Prater used 20-thousand tonnes of waste to level off a slop and create more grazing space at Rhencullen Farm.

But he hadn't asked for planning permission and ignored a notice from the County Council, so they took him to court.

Prater, who breeds horses and runs stables at Rhencullen Farm near Wendover, imported and tipped a large volume of waste material - believed to be as much as 20,000 tonnes - to level a steep slope to create extra grazing land next door to Bradnidge Wood, part of Dancersend Site of Special Scientific Interest (SSSI).

But he didn't have planning permission, so Buckinghamshire County Council served him with enforcement notices to stop tipping and to remove what had already been tipped. He failed to comply.

Wycombe magistrates on Tuesday 9 February fined Mr Prater £1,760 for disobeying the orders, and ordered him to pay a total of £10,699.60 in costs and victim surcharge. He had pleaded guilty at a previous hearing in November.

The court heard the illegal tipping was reported to the County Council in autumn 2014 by a volunteer warden at the nearby Dancersend Nature Reserve, who spotted lorries taking earth, rubble and building refuse into Rhencullen Farm.

When Principal Enforcement Officer Olivia Stapleford visited Mr Prater in October 2014, she saw the large expanse of tipped material, and asked him to provide evidence of planning permission, but he wasn't able to.

So the County Council served enforcement and stop notices on November 17, but a week later, the court was told, Mrs Stapleford revisited the farm to find waste tipping was continuing.

Magistrates heard that in the eight months between December 2014 and July 2015 - with as many visits by Mrs Stapleford - Mr Prater had still not complied with the enforcement order to remove the waste, although he had hired a planning consultant to submit a retrospective planning application.

The application reached the County Council in January this year, and was considered by the Development Control Committee on the same day as the court hearing.

But under the rarely used Section 70c of the Town and Country Planning Act, researched by Mrs Stapleford, the committee unanimously agreed not to determine his retrospective application, as an enforcement notice to get rid of the tipped waste was still in force.

County council enforcement officers will monitor Mr Prater's progress in removing the waste and returning the land to its original state, and will consider further legal action if necessary.

Warren Whyte, Cabinet Member for Environment and Planning, said:

"I'm delighted with the court's sentence, which gives a clear message that we will not tolerate breaches of planning regulations, all the more important where it threatens contamination or damage to our special environment, wildlife and woodland.

"The successful prosecution is due in no small measure to our Enforcement Officer's thorough investigation and persistent pursuit of compliance with our orders."

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