Mr Mark Smyth, the sole Director of Arrow Gypsum Recycling Ltd, (‘the company’), was recently found guilty of failing to comply with an Enforcement Notice served by the Environment Agency.

Nazaqat Maqsoom of Kangs Solicitors outlines the circumstances.

The Circumstances | Kangs Environmental Team

In 2015 the Environment Agency learned that gypsum waste was being stored outside premises at Crucible Business Park, Norton, Worcester, in breach of the conditions of the company’s Environmental Permit requiring that it should be stored within the building.

It transpired that Mr Smyth had abandoned the premises leaving around thirty four tonnes of gypsum plasterboard both outside and inside the building.

Abortive attempts to speak to Mr Smyth resulted in a Notice of Enforcement being served requiring him to clear the waste but this had no effect and clearance of the waste from the site cost in the region of four hundred and fifty thousand pounds.

Court Hearing | Kangs Environmental Trial Defence Solicitors

  • Mr Smyth claimed during the Trial that he had not received the Enforcement Notice
  • His Honour Judge Cole found that the costs incurred by the land owner to clear up the site were a serious aggravating feature of the case.
  • Mr Smyth was sentenced at Worcester Crown Court to 12 months imprisonment suspended for 18 months and
  • He was ordered to carry out two hundred hours of unpaid work and
  • To pay the sum of ten thousand pounds compensation to the land owner and
  • Mr Smyth was disqualified from acting as a company director for seven years.

How Can We Help? | Kangs  Environmental Crime Solicitors

Kangs Solicitors’ complex crime and regulatory team provides a national service.

Our specialist lawyers have in-depth knowledge and experience dealing with all aspects of such investigations/prosecutions brought by all agencies, including the Environment Agency and are able to:

  • Formulate a reply to any Notices served by any agency
  • Deal with any general enquiries from such agencies
  • Advise on the relevant environment law in order to ensure compliance
  • Provide representation at any interviews
  • Defend any prosecution brought for regulatory breaches
  • Advise upon any Director Disqualification or Confiscation Proceedings that may result from any prosecution.

Who Can I Contact? | Kangs Criminal Defence Solicitors

We welcome you contacting our team of solicitors through either of the following, who will be happy to discuss your situation with you.

Hamraj Kang
hkang@kangssolicitors.co.uk
07976 258171020 7936 6396 | 0121 449 9888

John Veale 
jveale@kangssolicitors.co.uk
0121 449 9888 | 020 7936 6396