The Leader is calling for the courts to be given greater sentencing powers in fly-tipping cases after a man walked away from court with a suspended sentence after one of the worst fly-tipping cases.
Cllr John Burden’s call comes after the offender was also not required to pay towards the costs of the case. Jamie Broadmore, 41, of Elaine Avenue, Strood, had pleaded guilty to an offence under Section 33(1)c of the Environmental Protection Act 1990 when he appeared at Maidstone Crown Court last month (June).
It followed an investigation by Gravesham Borough Council’s Environmental Enforcement team which began in April 2022 into controlled waste being brought onto National Highways-owned land between Wrotham Road and Hog Lane, Northfleet, and burned.
Kent Fire and Rescue Service had been called to the site a number of times after smoke disrupted traffic on the nearby A2 and had blown across the adjacent HS1 rail line.
Firefighters who attended the callouts had faced aggression from the occupant, and gas cannisters had been found among the waste.
Gravesham’s officers found an illegal waste site which contained several hundred tons of controlled waste including hazardous and clinical items. A large pit had been dug, and the waste was being brought to the site in trucks and burned.
Broadmore was found at the site and admitted burning the waste.
Despite being served notices and invited for interview, he refused to cooperate with the investigation and after being required to stop his activity, more waste was brought to the site and Broadmore continued to burn it.
Working with National Highways, Gravesham officers blocked the site and successfully prevented it developing on a scale seen at multiple others across Kent and the UK.
Broadmore, who has 16 previous convictions covering 41 varied offences, was sentenced to six months jail suspended for 12 months and was ordered to undertake 100 hours of unpaid work.
He was also ordered to pay compensation of £1,000 within 12 months and undertake 10 days of rehabilitation activity.
Despite National Highways spending £150,000 clearing the site, and the investigation costing Gravesham council £4,840, no costs were awarded.
Speaking after the court hearing, Cllr Burden said: “This is a dispiriting result for all involved in bringing this to court.
“We know judges are bound by sentencing guidelines, but these must be fundamentally flawed when someone who has admitted facilitating illegal dumping on an industrial scale and who has a litany of previous convictions can walk away with such a light sentence.
“And how am I and my fellow councillors supposed to explain to our rightly concerned constituents that their council tax has been spent successfully pursuing criminals such as Broadmore, and he does not have to pay a penny towards recouping those costs?
“It is simply beyond belief.
“We are asking the Government to address this urgently and bring in sentences that will act as a true deterrent to the organised criminal gangs behind the epidemic of fly-tipping, and which means councils and council taxpayers do not end up out of pocket through their pursuit of them.
“We will be lobbying hard through all the channels available to us for this to happen and happen soon.”
Cllr Burden is being supported by Lauren Sullivan MP, who said: “Fly-tipping is not a victimless crime. It damages our environment, puts public safety at risk, and leaves local taxpayers footing the bill.
“Cases like this highlight the need for tougher penalties that properly reflect the seriousness of these offences and act as a strong deterrent to those who think they can profit from harming our communities.”