Proposed increases to fixed penalty values for environmental offences Reference: D67/26

October 22, 2026 Cllr Helen Crane, Executive Member for Waste, Environmental Health, Licensing & Sustainability (Cabinet member) In call-in window View on council website
Full council record

Purpose

Proposed increases to fixed penalty values for environmental offences.

Decision

To approve the adoption, with immediate effect, of a maximum fixed penalty of £750 for littering and relevant civil penalty offences, and a maximum fixed penalty of £5,000 for fly-tipping, subject to officers continuing to apply the Council’s enforcement policy and proportionate operational discretion.

Reasons for the decision

National statutory guidance issued on 10 March 2026 increased the maximum fixed penalty for littering from £500 to £750. The Government’s Waste Crime Action Plan also increased the maximum fixed penalty for fly-tipping from £1,000 to £5,000.

The existing local penalty levels no longer adequately reflect the cost of lawful waste disposal, clean-up and enforcement activity, or the seriousness of the environmental harm caused. Increasing the available penalties will strengthen deterrence, support proportionate cost recovery and align the Council’s approach with updated national expectations.

Fixed penalties will remain an alternative to prosecution rather than an automatic sanction. Officers will continue to consider the circumstances and evidence in each case, including vulnerability and financial hardship where relevant, to ensure that enforcement action is fair, proportionate and consistent with the Council’s enforcement policy.

The proposal supports the Council’s corporate priorities of Safer Communities and Proud Communities and complements the investment and activities within the New Priority Programme to keep our communities safe. Strengthening the deterrent against littering and fly-tipping supports Safer Communities by addressing environmental crime and associated anti-social behaviour, helping to reassure residents and protect shared spaces. It also supports Proud Communities by tackling environmental harm and helping to create cleaner, better-maintained places where residents feel proud to live. The proposed approach complements the programme’s additional street wardens, CCTV and clean-up activity, bringing together prevention, visible intervention and proportionate enforcement. No adverse equality impacts are anticipated, provided that operational discretion continues to be exercised on an evidence-based basis.

Alternative options considered

Option 1 – approve the proposed increases. This is the recommended option because it strengthens deterrence, improves the Council’s ability to recover enforcement and clean-up costs, and aligns local arrangements with updated national guidance and policy.

Option 2 – retain the existing maximum penalties of £500 for littering and relevant civil penalties and £1,000 for fly-tipping. This option is not recommended because the current levels provide a weaker deterrent, do not reflect increasing disposal, clean-up and enforcement costs, and would leave the Council out of step with the revised national framework.

Supporting Documents

Delegated Decision Increase in FPN Values for Environmental Crimes October 26.pdf

Details

ReferenceCall-ins0
OutcomeRecommendations Approved (subject to call-in)
Decision date22 Oct 2026
Subject to call-inYes