A PROPERTY developer’s company which was prosecuted and fined £2,000 for two offences of illegally burning large piles of waste in Tibshelf has seen both convictions upheld on appeal.
Bolsover District Council told how back in November 2010 and January 2011, Dennis Rye Ltd contravened the Environmental Protection Act 1990 for burning waste illegally and causing a statutory nuisance.
Both incidents, according to the council, were investigated by Bolsover District Council officers, the fire service and the Environment Agency in contravention of an Abatement Notice which the council had served.
The appeal was held at Derby Crown Court. The council explained how the fine for the first offence was left unchanged at £1,000 but the second was reduced to £500 as it was considered a lesser offence and would have caused less smoke nuisance.
However, the judge awarded the council an extra £2,750 in court costs relating to the appeal.
After hearing the evidence from the council, the bench decided they were satisfied the burning was not held in a personal capacity by Dennis Rye but was held by the company and on both occasions the smoke would have amounted to a nuisance.
Cllr Dennis Kelly, Bolsover District Council’s cabinet member for the environment, said: “We are pleased that the judge upheld both convictions but are disappointed with the reduction in fine.”