Spark Properties has a dark day in court

Spark Properties Ltd has been convicted of failing to clear site of illegal waste in in the heart of Croydon's big-name retail parks. The Environment Agency brought the case after the company ignored an Environment Agency enforcement order to clear the site.

In August 2022, Croydon Council reported major illegal dumping of waste at sites in their borough to the Environment Agency. This included waste dumped at 33 Imperial Way in July 2022. Environment Agency officers contacted the landowner, Spark Properties Ltd.

As the landowner, Spark Properties Ltd was legally obliged to clear the illegally dumped waste. Following regular correspondence with the company over nearly a year, and due to lack of progress in clearing the waste, investigators requested the company provide a plan on how they will clear the waste on 13 March 2023.

As The Environment Agency didn't receive a response to this request, they served a 'Section 59ZC' enforcement notice to the company on 31 March 2023. The notice gave the company 2 months to clear the site.

By 16 June 2023, there wasn't any progress in clearing the waste, leading the Environment Agency to prosecute Spark Properties Ltd.

Matt Higginson, environment manager for the Environment Agency said

We are determined to ensure there is no space for waste crime and are pushing forward with our 'Op Angola' investigations and pursuing the criminals who deposited the waste at various locations in Croydon.

However, landowners are responsible to clear up waste illegally deposited on their land. We tried to work with the company to give advice on how to get the land clear, but after many warnings, we had no alternative but to go down the enforcement route".

We encourage anyone who suspects waste crime to report it to us on 0800 807060".

Background:

Offences contrary to sections 59ZC(4) and 59ZB(6) of the Environmental Protection Act 1990.

On 12 June 2023, Spark Properties Ltd failed, without reasonable excuse to comply with a notice dated 31 March 2023 served on it pursuant to section 59ZC(1) of the Environmental Protection Act 1990 in that it failed to remove controlled waste from land at 33 Imperial Way, Purley Way, Croydon, CRO 4RR contrary to sections 59ZC(4) and 59ZB(6) of the Environmental Protection Act 1990.

Spark Properties Limited of Monarch House, 7-9 Stafford Road, Wallington SM6 9AN were fined £30,000 ordered to pay costs of £18,840.28 and a victim surcharge of £2,000.

Sentencing was heard at Croydon magistrates' court on Friday 15 November 2024.

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