Homeowner fined for turning area outside front door into 'scrap yard'

Updated
Edward Plowman's large accumulation of personal belongings was left on land next to his mother’s home in West Mersea, Essex. (SWNS)
Edward Plowman's large accumulation of personal belongings was left on land next to his mother’s home in West Mersea, Essex. (SWNS)

An Essex resident has been fined nearly £1,000 after he turned the land around his home into a “scrap yard”.

Furious neighbours have sent “numerous complaints” about Edward Plowman, 42, after he refused to move motorbikes, generators and trolleys cluttering grassy public areas next to his mum’s property in West Mersea for several years.

Council house management company Colchester Borough Homes (CBH) launched an investigation into Plowman and a court order was obtained on 14 December last year requiring him to remove a “large accumulation of personal belongings” from the area.

However, Plowman refused to comply and the case was taken to Colchester Magistrates’ Court, where Plowman was found guilty of breaching a Community Protection Notice in his absence and issued with a £500 fine. He was also ordered to pay a £200 victim surcharge and £250 court costs.

Exterior of Colchester Magistrates Court building, Essex, Britain
The case was taken to Colchester Magistrates’ Court after Edward Plowman failed to clear the mess. (Alamy) (Helen Cowles)

Additionally, the court granted a remedial order requiring Plowman to remove all his belongings from the land within 14 days.

Philip Sullivan, CBH Chief Executive, said following the case: “This land should be enjoyed by everyone in the community.

“Unfortunately, it had become overgrown and resembled a scrap yard due to the extensive collection of personal property.

“We attempted to resolve the issue amicably through warnings and notices, but these were ignored.”

More Eastern England stories - click above
More Eastern England stories - click above

‘Clear message’

Sullivan said that the fine “sends a clear message” and that CBH “are committed to protecting public spaces for the benefit of all residents”.

He added: “Public spaces are for everyone to enjoy, and we will work tirelessly to ensure that they are not misused by a few individuals.

"If the order is not followed, we will not hesitate to return to court.”

Dog escaping through under the gate
A dog repeatedly escaping from its owner’s back garden due to a broken fence could result in a CPn for the owner. (Alamy) (Lucia Tieko)

What is a Community Protection Notice?

A Community Protection Notice (CPN) prevents unreasonable behaviour which negatively affect the quality of life of the local community.

Introduced in the Anti-Social Behaviour (ASB), Crime and Policing Act 2014, CPNs can be issued to any person aged 16 or over – whether an individual or a business.

A person or organisation can be issued with a CPON for a variety of reasons – including noise nuisance, antisocial behaviour or, in the case in West Mersea, eyesore rubbish on private land.

A CPN requires the person or business responsible to stop causing the problem – but it could also require them to take reasonable steps to ensure that it does not happen again.

The ASB, Crime and Policing Act gives an example of a dog repeatedly escaping from its owner’s back garden due to a broken fence. In this case, the owner could be issued with a CPN requiring them to fix the fence – and also to ensure that the owner and dog attend training session to improve behaviour if this was also an issue.

CPNs can be issued by local authorities, police officers and designated police and community support officers (PCSOs).

Failure to comply with a CPN can lead to a court summons and a fine of up to £2,500 for individuals, or £20,000 for businesses.

A fixed penalty notice, with a maximum fine of £100, may also be issued and any items used in the commission of an offence could be seized and destroyed.

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