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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have been served an Environmental Protection Act 1990 Section

Resolved Question:

I have been served an Environmental Protection Act 1990 Section 59 (1) : Notice Requiring Removal Of Controlled Waste From Land from my local council (Lewisham).
The waste has been done via fly tipping and my neighbours nor myself are responsible for any of the waste that is there.
The accompanying letter from the council states that I should get in touch with them if I need further clarification or am unable to take the remedial action requested.
The land is owned by the freeholder and there are 2 tenants plus myself who own property adjacent to the land but via leasehold (we all pay ground rent every quarter).
So my question(s) are:
Who is responsible for the remedial action
I've tried to contact the person at the council and left numerous messages all to no avail
Upon doing a little research, I'm led to believe we can appeal as it has been done via fly tipping.
Any advice greatly appreciated
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
Who has been served, you or the freeholder?
Customer: replied 2 years ago.

We, the leaseholders have been served to my knowledge.

There are also 2 very large trees that we would like to know if they can be removed

Thank you

Expert:  Ash replied 2 years ago.
Do you own the lease to the land where the rubbish has been deposited, or is that the freeholder?
Customer: replied 2 years ago.

That also belongs to the freeholder

Expert:  Ash replied 2 years ago.
Ok. it's the land owners responsibility if you do not have the lease of the land where Tehran rubbish is. You can ask the council to reissue if to the owner.
But if it is land which you do not own as part of the lease it should be the freeholders responsibility even though it has been fly tipped.
Can I clarify anything for you about this today please?
Alex
Ash and 3 other Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Hi
I am just following up to see if there is anything else I can help with?
If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex
Customer: replied 2 years ago.

Thank you, ***** ***** was one more thing.
Apparently, 'the notice may be appealed or default recovery defended
on the basis that the occupier / owner neither knew nor should have been expected to know of the depositing of the waste'
Could you confirm whether this is correct please.