New Portsmouth enforcement policy introduces fixed fly tipping fines from 13 July.

Fly tippers in Portsmouth will face clear cut fines after the council approved a new enforcement policy.

The changes are intended to deliver “consistent enforcement” for littering, fly tipping, dog fouling and graffiti, which “continue to impact local communities”.

Although Portsmouth City Council already has an agreed enforcement approach, it has said the lack of a formal policy “can lead to a lack of clarity for residents and limited transparency about how enforcement decisions are made”.

Fly tipping is an offence under the Environmental Protection Act 1990 and can result in a fixed penalty notice (FPN) or prosecution. Paying an FPN avoids court proceedings, but failure to pay may lead to prosecution.

Under the new policy, which will come into effect on 13 July, small scale domestic fly tipping, such as one to three bin bags or a single bulky item including a mattress or chest of drawers, could result in a £400 fine.

This rises to £600 for medium scale incidents and £800 for large scale domestic fly tipping, including white goods or multiple bulky items.

Significant fly tipping, defined as 10 or more bin bags or an equivalent volume of waste, would attract a £1,000 fine.

Any quantity of waste believed to have originated from business or commercial activity would automatically incur a £1,000 penalty.

Hazardous waste, including paint tins, chemicals or asbestos, is also liable for a £1,000 fine and prosecution will be considered.

The council’s new cabinet member for environmental resources, councillor Stuart Brown, said the aim is to educate first and address the root causes of offences before punitive measures are applied.

He also raised the issue of fly tipping on private land, which is more difficult for the council to deal with because it normally requires a “lengthy” section 215 notice requiring the landowner to clear the waste.

The report states that private land may be included in the policy with the landowner’s consent, or where an offence has a significant impact on the local area, or the landowner is considered responsible.

In response to a question from Councillor Raymond Dent, officers said the fixed penalty notices cover the cost of enforcement for individual offences, but not the overall service because of investment in preventative measures.

You can read the full policy on the council website here.