Ben Thomas makes successful application for Restriction Order under Section 109D Environment Act.

Ben Thomas appeared at Norwich Magistrates Court on the 16th of August when he was instructed by the Environment Agency  to make an application for a Restriction Order under Section 109D Environment Act.

That is a power to prohibit access to land, if the Court is satisfied that there is a risk of serious pollution to the environment or serious harm to human health which is a result of the treatment, keeping, deposit or disposal of waste in or on the premises; and such an order is necessary to prevent that risk from continuing

The respondent had a history of environmental offending, and was believed to be importing waste to burn for payment. In May 2022 a a large fire took place on his land, where he was believed to be operating an illegal waste site.

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Following that fire the respondent was served with a STOP Notice for that site prohibiting him using that site. He then moved to another site nearby which he also owned. The Environment Agency were receiving a number of complaints as to the burning of waste and the fire brigade had to attend on many occasions to deal with fires at the site which was in an environmentally sensitive area.

An application was made for a Restriction Order for a period of six months which prohibited anyone going on the land and importing waste onto the land. The court granted the application as drafted for the maximum period allowed in the legislation of six months.

Ben Thomas is a C-List Specialist Regulatory Advocate and Joint Head of Chambers Consumer Protection Team. He has a busy practice in Regulatory Crime.

To instruct Ben or discuss any aspect of his practise please contact his clerks:

Madeleine Gray on 0113 202 8603

Patrick Urbina on 0113 213 5250

Danny Highfield on 01132135213