The proprietor of a garage in Dereham who frequently disregarded the Environment Agency’s advice regarding storing end-of-life vehicles (ELVs) and their parts was sentenced to prison.
The Norwich Magistrates’ Court sentenced Colin Barnes of Podmore Lane in Scarning, Norfolk, to six months in prison on July 15, 2022. He was also told to pay £5,000 in fees.
A Criminal Behaviour Order (CBO), which outlines a number of legally enforceable requirements the 65-year-old must follow in order to avoid further punishment, was also issued to him.
He entered a guilty plea in November 2021 for illegally stockpiling ELVs and their parts on his property.
For those offences, Barnes received a 16-week suspended sentence with the stipulation that he not commit any more.
The court also issued a Remediation Order requiring him to remove the rubbish from his property by mid-January 2022, failing which he would be imprisoned right away.
Environment Agency officers visited the site after the Remediation Order’s expiration in January 2022 and discovered that it had not been cleaned.
More ELVs and various car parts, such as gearboxes, suspension systems, and tyres, were discovered there as well.
Sarah Dunne, an attorney with the Environment Agency, said:
“Chance after chance” had been given to Barnes to remove the waste and cooperate with the Environment Agency.
The site continued to pose a threat to the environment and to businesses that followed the law.
The court was informed that officers had made every effort to work with Mr. Barnes during their 18 site visits between November 2019 and July 2022.
Then Ms. Dunne requested a CBO from the court.
District Judge Wilson issued the order, outlining the following restrictions and demands that Barnes must adhere to. He is required by the CBO to:
Not possess a waste carrier licence relinquish his waste carrier licence to the environment agency within seven working days of the date of this order refrain from applying for another waste carrier licence
Not participate in the operation of any business, in his own name or otherwise, under any waste exemption that has been registered with the Environment Agency, nor cause any waste exemption to be registered with the Environment Agency.
This decree is in effect for a five-year term.
Lesley Robertson, the head of the East Anglia Area Enforcement Team, said:
Despite the court ordering Mr. Barnes to remove garbage from his site in November 2021 and issuing a suspended jail term, Mr. Barnes continued to store and treat waste without a permit in an illegal manner.
Barnes worked with little to no concern for the locals or the environment, damaging legal businesses for financial gain.
The District Judge made clear how seriously they considered Mr. Barnes’ actions and behaviour by imposing this prison sentence, CBO, and £5,000 costs.