Fly tipped waste including asbestos on unadopted passageway

TheShuck

Hello

I recently discovered some fly tipped waste which includes a sheet of asbestos in the passageway running behind a row of houses.  I reported it to the borough council, who have said that as it has been there for a while, and is on unadopted land, they bear no responsibility for removing it; it is the responsibility of the 2 houses it backs on to. There are other houses with access further down the passageway but clearly its not been used for many years and nobedy else has reported it.  The two houses that back on to the fly tipped waste house vulnerable residents, one a 95 year old on a state pension and another a person with learning difficulties, both needing care support from the county council and unable to deal with the issue themselves.  They have both been sent letters saying it is their responsibility to remove the waste.  I am concerned that there is no financial or practical support being offered to these residents. 

CliveOfIndia

Depending on how bulky the waste is, would it be feasible for you (or a neighbour) to just bag it up and take it to the tip yourself?  Obviously that depends on you having a car - but it would appear to be a simple (and neighbourly) solution.

Regarding the sheet of asbestos, you'd need to check with your council first - some tips will accept it if it's securely bagged, some won't.  Asbestos is actually not too much of an issue as long as it's all intact - it's when you break it or drill into it that it becomes a hazard.

If the tip won't accept it, then that's a bit more tricky - you'd need a licenced waste removal firm to deal with it, and obviously someone would need to pay for that.

TheShuck

Thank you.  Unfortunately too large to put in a car, and its the asbestos cost I'm concerned about mainly.  The council seem to be washing their hands of it (apart from insisting that we remove it!)

Section62

CliveOfIndia said:

...

Regarding the sheet of asbestos, you'd need to check with your council first - some tips will accept it if it's securely bagged, some won't.  Asbestos is actually not too much of an issue as long as it's all intact - it's when you break it or drill into it that it becomes a hazard.

If the tip won't accept it, then that's a bit more tricky - you'd need a licenced waste removal firm to deal with it, and obviously someone would need to pay for that.

The bit in bold might apply to some kinds of asbestos cement, but it isn't true about 'asbestos' in general.

An 'asbestos sheet' could be asbestos cement, but alternatively it could be AIB, or another asbestos product.  These can contain higher-risk fibres and could have an asbestos content which presents a significant hazard from handling alone.

Unless it is very obviously asbestos-cement, it might be better to leave removal to a professional contractor.

MyRealNameToo

TheShuck said:

Hello

I recently discovered some fly tipped waste which includes a sheet of asbestos in the passageway running behind a row of houses.  I reported it to the borough council, who have said that as it has been there for a while, and is on unadopted land, they bear no responsibility for removing it; it is the responsibility of the 2 houses it backs on to. There are other houses with access further down the passageway but clearly it's not been used for many years and nobedy else has reported it.  The two houses that back on to the fly tipped waste house vulnerable residents, one a 95 year old on a state pension and another a person with learning difficulties, both needing care support from the county council and unable to deal with the issue themselves.  They have both been sent letters saying it is their responsibility to remove the waste.  I am concerned that there is no financial or practical support being offered to these residents. 

Fly Tipping on private land is the responsibility of the landowner to deal with not the council unfortunately. If you have evidence of who did it they may pursue the person(s) for the offence and landowner could pursue them for the cost of removal but prospects are rarely good. 

Yorkie1

You refer to land which is not adopted by the council - but is the passageway land actually owned by the neighbouring properties? Or is it a separate piece of possibly unregistered land?

danrv

You can get bags online for asbestos. I used two for an asbestos lined cupboard door which I loaded into my estate car and took to a council recommended centre.
It was the only way to do it for little cost.

Bigphil1474

OP, might be worth speaking to your local councillor who may be able to persuade the council to remove it as a goodwill gesture. They wouldn't be required to do so, but might do given the particular circumstances.

Section62

Bigphil1474 said:

OP, might be worth speaking to your local councillor who may be able to persuade the council to remove it as a goodwill gesture. They wouldn't be required to do so, but might do given the particular circumstances.

Worth asking, but councils are struggling with the cost of clearing flytipping from public land, so you'd be very lucky to get them to clear private land free of charge - no doubt there are many people in their administrative area who have similar challenges and if they do it for one then they open themselves up to doing the same for others.

One route out of the situation might be for the council to do the clearance and have the cost added as a local land charge (assuming the properties are owned) but only if it is the cost which is an issue - if there are capacity issues then it won't be so easy.  If the properties are rented then the landlord(s) should be sorting it.

There's also a question about shared responsibility - whether all the properties that have access to the passagway are jointly responsible, or if each property is responsible for its own bit.  If the passageway belongs to someone else (unknown?) as Yorkie1 mentions, then the people in the houses wouldn't be responsible.

Also, if the council were minded to clear the waste then they are likely to want measures put in place to prevent flytipping happening again - for example having the passageway gated and locked.  Otherwise in a couple of weeks they could be called out to clear another flytip.

asbestosscopus

Under UK law, the Control of Asbestos Regulations 2012 mandates that asbestos waste must be safely managed and disposed of by qualified persons, typically licensed contractors. Local authorities generally enforce removal on public land; however, if the land is unadopted and private, responsibility usually falls to landowners, in this case, potentially the adjacent homeowners.

That said, vulnerable residents, such as the elderly and those with disabilities should receive practical support from the local authority or social services to help manage such health hazards. Practical and financial support options may include arranging for an authorised contractor to safely remove the asbestos or, where homeowners cannot afford or arrange it, the council should provide assistance under its public health and environmental duties.

If the council is currently not offering support, it would be advisable for concerned parties to formally raise the issue under the local authority’s duty of care to vulnerable residents and public health, possibly escalating with environmental health or adult social care teams. The Health and Safety Executive (HSE) also provides guidance on safe asbestos removal and enforcement.

WIAWSNB

@TheShuck what is your position in this matter? Are you just a local helpful fellow, or does this unadopted road also serve your property?
I guess there are two aspects to this waste issue - one is to have it removed at hopefully no cost to the innocent landowners, and the second its to prevent it from happening again. Will there be something put in place for the latter? CCTV? A gate?
If the two affected residents are as you describe, then I reckon the chances of you obliging the council to act on a single occasion to sort this must be pretty high. First approach as asbestosscopus has outlined, and the engage the local ra... er newspaper. 
Have you taken lots of pics of the waste? Have you dared to go through some of it, with thick gloves and a long stick, to see if you can trace the origin?