Fly-tipper receives suspended prison sentence for dumping asbestos roofing waste in Bucks

Jagdish Kumar Sharma admitted fly-tipping the waste at Broken Gate Lane in Denham on 17 September 2023. He entered a guilty plea when his case was heard at High Wycombe Magistrates Court on 17 April 2024.

On 17 September 2023, residents at Broken Gate Lane, Denham discovered black sacks dumped in undergrowth on their unadopted road. They reported the dumping which was investigated by an enforcement officer from Buckinghamshire Council. The investigating officer counted 16 black sacks of corrugated roofing sheet material which he suspected to have asbestos content. The officer took samples away for analysis. It was confirmed that white asbestos fibres were present, so a specialist contractor had to be found to clear the material away safely. As the road has not been adopted it meant that the clean-up costs fell to the residents as the landowners, rather than to the council. The residents have a CCTV system which they used to identify the vehicle suspected of having brought the waste.

Buckinghamshire Council officers investigated and interviewed Sharma at a police station near his home. Sharma explained that he had found the waste dumped illegally outside a property he owned in London. He said he was so incensed by finding the waste dumped on his property that he loaded it into his own vehicle and removed it. He was unable to provide a satisfactory explanation as to why he dumped it where he did, but he did admit dumping the waste himself at Broken Gate Lane.

The District Judge sitting at High Wycombe Magistrates’ Court took account that this offence involved the deliberate dumping of hazardous waste material, as well as the offender’s age and personal circumstances. He sentenced Sharma to 3 months imprisonment (suspending the sentence for 12 months). Sharma was ordered to pay clean-up compensation in full to the local residents in the sum of £582. He was also ordered to pay full investigation and prosecution costs of £917.66 and a victim surcharge of £154, totalling £1,653.66.

Thomas Broom, Buckinghamshire Council’s Cabinet Member for Climate Change and Environment said: “Criminal fly-tipping will not be tolerated in Buckinghamshire, especially where it involves hazardous waste material.”

Thomas continued: “We were pleased to be able to support the local community here by investigating the case and bringing the offender to justice. The offender has been ordered to compensate the residents fully for the clean-up expenses they incurred as they were able to supply CCTV evidence which clearly shows the offender carrying out the crime. Working together in this way we have been able to secure another conviction against a fly-tipper and send out a strong message to others that we will do everything in our power to punish those who commit this crime.”

If you have evidence showing a fly-tipping offence taking place and you are willing to provide a witness statement, please contact the council’s Enforcement Team at: [email protected]

To report fly-tipping anywhere in Buckinghamshire visit: www.buckinghamshire.gov.uk/fix-my-street