Status unknown
Fly tipping
Reported in the Fly Tipping category anonymously at 11:54, Mon 2 February 2015
Sent to Barnet Borough Council 1 minute later. FixMyStreet ref: 580330.
For over a year there has been constant fly tipping of various rubbish on the path behind the parade of shops. Broken chairs, restaurant equipment, organic waste. The problem is most serious at either end of the shops, with fly-tipping next to the bins beside 'Dressed to Party' and directly behind 'Bittacy Cars' on the other end. There are over 30 people who live above these shops including children and the elderly. These unsanitary conditions affect the the safety and security of all these residents.
I have been told this path is privately owned but surely something can be done, can the owner not be forced to clean up their property?
Updates
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You need to contact the environmental health department directly, for such issues.
If there are rats breeding there, they may be able use the Prevention of Damage by Pests Act 1949.
They might be able to treat it as a statutory nuisance (although such action for fly tips seems rare): https://www.gov.uk/ statutory-nuisance
If it is an eyesore, they may be able to use section 215 of the Town and Country Planning Act, but most councils seem reluctant to do this because of doubts about being able to recover costs.
There is also other fly-tipping legislation, but the council can only recover costs if the perpetrator is found, so they tend to avoid using these.
Also, when such alleys are set up, there is often something in the title deeds of the surrounding properties about their maintenance. In fact, there may be no distinctly owned alley, but each property may own the part of the alley onto which they back.
You can try to trace the owner using the Land Registry. If the Alley is old enough, it may not be registered, but the registrations for the adjacent properties are likely to make mention of it, and may indicate a responsibility to maintain it. There is a cost in obtaining documents.
It does look as though it might be registered, as "Roadway And Accessways, 2-20 Bittacy Hill, London" and that there was recent transfer, as there is price paid data. I wonder if that actually means that the it was bought out in order to allow it to be maintained. I suspect £6 spent for an online copy of the title register entry and title plan might be useful. The register should give a contact address for the owner and the plan will confirm it is the right piece of land. The register may point to additional documents, for which there will be further charges.
This update is not from the council.
Posted anonymously at 13:25, Mon 2 February 2015
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Still open, via questionnaire, 12:23, Mon 2 March 2015
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