Brothers Grant and John Kay and the Hauliers Mark Luck from Mark Luck Limited and Robert Body from Robert Body Haulage Limited were prosecuted for the illegal deposit of waste at Great Chart Golf & Leisure, Great Chart, Ashford, Kent.

Mark Luck was fined £40,000 with £4,036 costs and £170 victim surcharge. Robert Body was fined £26,000 with £2,952 costs and £170 victim surcharge. Grant and John Kay were individually fined £325 with Grant Kay having to pay £4,723 costs and £32 victim surcharge and John Kay paying £2,724 costs and £32 victim surcharge.

Sevenoaks Magistrates heard that the brothers were paid by a number of hauliers to deposit waste soil to create bunds around their driving range, build a zorbing ramp and raise an area of ground outside the terms of 3 U1 exemptions that had been registered with the Environment Agency. Only one of these exemptions may be registered on a site in a 3 year period and allows the use of only up to 1,000 tonnes of clean waste soil in a small scale construction scheme.

To import more than 1,000 tonnes of soil the operators should have obtained an environmental permit from the Environment Agency. These permits require operators to put in place stringent measures to ensure the suitability of the waste that is deposited and minimise the impact from the activities on the land and the surrounding land users.

An Environment Agency investigation identified that 2,157 lorry loads of waste soil had been deposited on the site between 2012 and 2015, which could have equated to 42,000 tonnes, significantly exceeding the 1,000 tonne limit. The haulier Mark Luck Limited had deposited 1,292 loads and Robert Body Haulage Limited 715 loads during this timeframe.

The court heard that all 4 parties were fully cooperative with the Environment Agency’s investigation and pleaded guilty at the earliest opportunity. The court accepted that the brothers had limited knowledge of the waste industry but that the hauliers, both of whom have a long history in the business, should have known better than to deposit large volumes of waste on the site.

Environment Manager Alan Cansdale said:

The Environment Agency support the use of U1 exemptions for those who wish to use small quantities of clean waste in construction projects. We will not tolerate however the deposit of excessive volumes or inappropriate waste for financial gain under the terms of this authorisation.

While we will work closely with businesses to help them comply with such legislation, in cases where individuals consistently operate illegally and in this case outside the terms of an exemption, we have no hesitation in prosecuting them.

Notes to editors

The charges brought by the Environment Agency were:

• Mr Grant Kay: Contrary to Regulation 12(1)(a) and 38(1)(b) of the Environmental Permitting (England and Wales) Regulations 2010
• Mr John Kay: Contrary to Regulation 12(1)(a) and 38(1)(b) of the Environmental Permitting (England and Wales) Regulations 2010
• Mr Mark Luck: Contrary to section 33(1)(a) and (6) of the Environmental Protection Act 1990, as amended
• Mr Robert Body: Contrary to section 33(1)(a) and (6) of the Environmental Protection Act 1990, as amended

Today (Thursday 4 October) celebrates the official opening of a £4.1 million flood risk management scheme, which will reduce the risk of flooding for 272 homes and businesses in Broadway, Childswickham and Murcot.

Nigel Huddleston MP for Mid-Worcestershire, Worcestershire County Councillor Liz Eyre BEM, who represents Broadway, and Tony Jones, retired Chief Engineer from Wychavon District Council, will be unveiling a plaque and burying a time capsule at Badsey Brook in Broadway. Anthony Parry from the Environment Agency will be giving an outline of the scheme.

Broadway, Childswickham and Murcot were severely flooded in 2007 following record breaking rainfall across the area and the villages were again flooded in 2012. The new flood storage area, sited at an 18 acre field in Broadway, will be able to hold up to 135,000 cubic metres of water during times of flood and will only allow a set amount of water to flow downstream at times of intense and high rainfall. This will reduce flood risk to 57 properties in Broadway and 215 properties in Childswickham and Murcot.

The Badsey Brook flood risk management scheme has been delivered as part of the Environment Agency’s £2.6b capital investment programme to reduce flood risk to 300,000 homes by 2021.

The Environment Agency, Worcestershire County Council, Wychavon District Council, Broadway Parish Council and Childswickham Parish Council worked in partnership to secure over £2 million of Government Grant in Aid funding towards the scheme. The Environment Agency’s English Severn and Wye Regional Flood and Coastal Committee also contributed £1.2million. Worcestershire County Council and Wychavon District Council and the local parishes contributed the remaining £900,000.

As a condition of the planning application, detailed archaeological investigations, part funded by Worcestershire County Council, were carried out at the site, unearthing evidence of settlements dating back around 8,500 years. Finds included a beaker dating from around 2,000 BC and skeletons of a mother and baby.

Daniel Wilkinson from the Environment Agency said:

Flooding has a devastating impact on the lives of people and communities that are affected. It’s brilliant that by working with our partners we have found a solution that is designed to greatly reduce the risk of flooding for residents living in Broadway, Childswickham and Murcot.

Nigel Huddleston MP commented:

I am delighted that after so much hard work the Badsey Brook scheme is being officially opened. Broadway and Childswickham in my constituency suffered terrible flooding in 2007 and 2012, so it is a huge relief to see substantive action taken to avoid this happening again.

Flooding is personally, financially and environmentally devastating and as local MP I would like to thank the Environment Agency, Worcestershire County Council, Worcester Archaeology, English Severn and Wye Regional Flood and Coastal Committee, construction workers and local people for contributing to the completion of this vital scheme. May it protect people, businesses and properties for years to come.

Barrie Parmenter, Chair of Broadway Parish Council, added:

On behalf of Broadway Parish Council, I would like to thank the Environment Agency, Worcestershire County Council, Wychavon District Council and all other agencies for commissioning the flood scheme in Broadway. This now means that hundreds of families will no longer live in fear of flooding when severe weather reports are issued for the district.

Cllr. Emma Stokes, portfolio holder for environment and street scene for Wychavon District Council said:

We’re very pleased to be investing in this important flood alleviation work which will protect many homes in the local area. Flooding impacts not just on residents’ homes but is an incredibly stressful process to go through. This scheme will offer protection and peace of mind. We’re also really pleased to see former Wychavon employee Tony Jones supporting the official opening. This recognises his hard work and dedication to flood alleviation over the years.

The North East’s Flood Community Engagement officer Anna Caygill will be working with schools, businesses and communities in the town and surrounding areas to prepare for severe weather.

And she is kick-starting the project by hosting an event called ‘Flooding in a changing climate’ which will look at the impact of changing weather patterns and how this will affect the community.

• It takes place on Thursday 25 October between 11am and 3pm at Cornerstones Community Centre, North Burns.

Chester-le-Street has a recent flood history with over 900 properties at risk of flooding from surface water, and from the River Wear and Cong Burn.

Flooding on 28 June 2012 caused widespread damage and disruption – but the flood history of the town dates right back as far as the great flood of 1771.

Engagement complements flood scheme

Anna is building on previous work by Durham County Council’s Civil Contingency Unit and working with the community to develop a Community Flood Plan and recruit more volunteer Flood Wardens – who are the eyes and ears of the community during a flood event. Anna said:

I’m working closely with Durham County Council and the town’s Flood Wardens to ensure residents in the area are prepared for flooding.

The engagement complements the flood scheme currently being carried out by the council at the Market Place to reduce flood risk from the Cong Burn, as well as ongoing environmental work being done by Wear Rivers Trust.

We really want people to understand their flood risk and know what steps they can take to ensure they are prepared in the event of a flood, such as making sure they are signed up to receive free flood warnings and having a flood plan which is easy to follow.

Residents can find out if they live in an area at risk of flooding and sign up to receive free flood warnings by visiting here

For more information about the upcoming event contact Anna.Caygill@environment-agency.gov.uk