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Paving firm fined for blocking the public highway

pic of damaged footpath

Blocking a pavement with waste excavated from a garden has cost a Darlington-based paving company more than £1,000 in fines and costs.  

In November last year, the council received a complaint that building materials and rubble were completely blocking a pavement at Long Bank in Eighton Banks, Gateshead.  

The council investigated and discovered that JJW Paving of Nightingale Avenue in Darlington were installing a driveway in the area - and had dumped what had been the garden straight onto the public footpath, completely blocking it. 

The company was instructed to remove the waste materials but further complaints were received and enforcement officers then attended the site. They found that the company had completely blocked the footpath and had made no attempt to make the area safe.  

JJW Paving_02
Above:damage to the pavement was obvious once the waste was removed
There was also significant damage to the pavement so Mr Welch, the owner of JJW Paving,  was invited to an interview at Gateshead Civic Centre to discuss the matter, but he did not attend. The council then decided to prosecute. 

At South Tyneside Magistrates Court on 20 October 2020 Mr Welch pleaded guilty to three offences under the Highways Act - depositing materials on the highway without lawful authority and causing damage as a result, obstructing the highway, and causing a risk of injury or endangerment to the public. 

He received a fine of £200, was ordered to pay £100 in legal costs and was further instructed to pay £739 in compensation. 

Anneliese Hutchinson, service director for Planning Policy, Climate Change & Strategic Transport, says: "Businesses have a duty to operate in such as way that they do not cause endanger people's lives. 

"This particular company had forced the public to walk in the road, at night, and without any attempt to make the area safe for the public. 

"This was an expensive mistake on their part and hopefully it won't be one they will repeat." 

pic of damaged footpath
29 October 2020

Blocking a pavement with waste excavated from a garden has cost a Darlington-based paving company more than £1,000 in fines and costs.  

In November last year, the council received a complaint that building materials and rubble were completely blocking a pavement at Long Bank in Eighton Banks, Gateshead.  

The council investigated and discovered that JJW Paving of Nightingale Avenue in Darlington were installing a driveway in the area - and had dumped what had been the garden straight onto the public footpath, completely blocking it. 

The company was instructed to remove the waste materials but further complaints were received and enforcement officers then attended the site. They found that the company had completely blocked the footpath and had made no attempt to make the area safe.  

JJW Paving_02
Above:damage to the pavement was obvious once the waste was removed
There was also significant damage to the pavement so Mr Welch, the owner of JJW Paving,  was invited to an interview at Gateshead Civic Centre to discuss the matter, but he did not attend. The council then decided to prosecute. 

At South Tyneside Magistrates Court on 20 October 2020 Mr Welch pleaded guilty to three offences under the Highways Act - depositing materials on the highway without lawful authority and causing damage as a result, obstructing the highway, and causing a risk of injury or endangerment to the public. 

He received a fine of £200, was ordered to pay £100 in legal costs and was further instructed to pay £739 in compensation. 

Anneliese Hutchinson, service director for Planning Policy, Climate Change & Strategic Transport, says: "Businesses have a duty to operate in such as way that they do not cause endanger people's lives. 

"This particular company had forced the public to walk in the road, at night, and without any attempt to make the area safe for the public. 

"This was an expensive mistake on their part and hopefully it won't be one they will repeat." 

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