main content Plumber prosecuted for failing in 'duty of care'

A local plumber has been prosecuted for failing to exercise a ‘duty of care’ when the rubbish he had removed after installing a new bathroom, was fly tipped by his contractor. The prosecution was brought as a result of extensive Council investigations into dumped rubbish in a footpath leading from the main A20 road to Kenmal Road, Chislehurst. Mr Stephen Keightley, aged 35 of Mottingham, pleaded guilty to the charge at Bromley Magistrates Court on Wednesday. He was ordered to pay a total of £800 comprising £250 in fines with £250 towards the Council’s costs to clear the rubbish and £300 in legal costs.

“We will do everything within our power to bring fly tippers to justice. Without taking action, this would blight our borough and is something we’re just not prepared to accept. We will investigate every instance of fly tipping to find the source. Those individuals showing complete disregard for our environment, will be made accountable for their actions ” said Councillor George Taylor, Executive Councillor for the Environment.

The Court heard that during a routine inspection of the footpath in February this year, the Council’s Rights of Way Enforcement Officer discovered a large quantity of illegally deposited waste blocking the footpath entrance. Examination of the rubbish - which included bricks, broken tiles, wood, pipes, old carpet and packaging - uncovered details of an address in Eltham. Further enquiries revealed that the Eltham resident had recently employed Stephen Keightley, trading as SJK Property Maintenance Ltd, to install a new bathroom.

Mr Keightley was contacted and agreed to be interviewed by Enforcement Officers. When questioned about how the bathroom waste was removed from the premises in Eltham, he said that two men in a white van had knocked at the door and offered to remove the rubbish for £40. Mr Keightley agreed to this although he didn’t have their names or addresses and hadn’t been shown identification or a waste carrier’s certificate. Photographs of the fly tip were shown to Mr Keightley who admitted that some of the items, including a shower tray, appeared to be the same as the ones he had removed from the property in Eltham.

From evidence gathered, Mr Keightley was charged with failing to exercise a ‘duty of care' by using an unlicensed contractor to remove the waste. Waste of any type - whether it is general household rubbish or waste from building work or home improvements - must only be disposed of by a registered waste carrier. Legitimate waste carriers will be able to produce an Environment Agency certificate as proof of registration. Individuals are responsible for checking that any third party employed to dispose of their waste, will do so legally. If you don’t and your waste is then dumped, you will be liable for removal costs or prosecuted for fly tipping.

Fly tipping is a criminal offence. Residents are advised to call the police immediately on 999 if they witness fly tipping in progress. If residents have information on who is responsible for fly tipping, or simply want to report dumped rubbish, call the Customer Service Centre on 020 8313 4557. Under the Council’s Environment Reward Scheme, any information given leading to the successful prosecution of fly tipping or other enviro-crime offences, could result in a reward of up to £500.

ENDS

For media enquiries, please contact Andrew Rogers, Communications Advisor on 020 8461 7670 or Peter Turvey, Enforcement and Technical Support Manager on 020 8313 4901 or e-mail andrew.rogers@bromley.gov.uk.