Purpose

To make minor operational amendments to the Regulatory Enforcement Policy as required on an on-going basis

Decision

To amend the Fixed Penalty Notice (FPN) charge matrix in Appendix 1 of the Regulatory Enforcement Policy 2026–2029 by increasing the maximum FPN from £1,000 to £5,000. This amendment applies specifically to step 4, which sets the scale points used to determine penalty bands. The graduated approach to setting FPNs will remain, with penalties based on factors such as the type and scale of waste and repeat offending, rather than applying a £5,000 penalty to every offence.

Reasons for the decision

In March 2026, the Government published a Waste Crime Action Plan, setting out a coordinated national strategy to tackle waste crime. One of the key changes was an increase to the maximum Fixed Penalty Notice (FPN) for fly-tipping offences, from £1,000 to £5,000. This gives local authorities the ability to issue much larger on-the-spot fines for less serious fly-tipping cases, as an alternative to expensive prosecutions through the courts.

Littering fines will also increase from a maximum of £500 to £750.

Government is encouraging councils to use FPNs more confidently where the evidence is sufficient, rather than defaulting to warning letters or only prosecuting serious cases. The Environmental Protection team already follows a well-established and embedded FPN procedure for fly tipping offences.

The Regulatory Enforcement Policy 2026 - 2029 details a clear decision-making procedure on when to issue an FPN versus prosecution and introduces a sliding fee scale for FPNs dependent upon levels of harm and culpability. The maximum fine detailed in the policy is at the current legislative maximum level of £1000.  In September 2026 this will increase to £5000.  Therefore, the Policy will require amendment.

Alternative options considered

The alternative is to leave Appendix 1 of the Regulatory Enforcement Policy 2026–2029 unchanged, retaining the maximum FPN of £1,000. However, this would prevent the Council from issuing higher penalties and using the full range of sanctions for the most harmful fly-tipping offences or those involving the greatest culpability.