Braintree, Essex – A prominent Essex skip hire company owner has been handed a 6-month suspended prison sentence following persistent disregard for environmental regulations, culminating in a heavily overflowing and hazardous waste site near Braintree. Roy Brett, the proprietor of RJ Brett Contracts Ltd, received the sentence at Chelmsford magistrates’ court, while his company was separately fined £3,000 for similar infractions.
The court heard compelling evidence from the Environment Agency detailing Brett’s “repeated failure” to heed warnings concerning an excessive volume of skips and uncovered waste at his Cressing yard. Chair of the bench, Andrew McGregor, underscored the severity of the situation, stating that the site “posed multiple risks to the environment and human safety, including by fire.”
Investigations reveal that between 2024 and this year, Brett consistently refused to comply with directives to clear the burgeoning waste, which had spilled over from an ever-increasing number of skips. The small yard at Cressing, exposed to the elements and lacking sealed drainage, presented a significant environmental hazard.
The image depicts Roy Brett’s yard, situated amidst green fields near Braintree, heavily laden with skips and waste, despite numerous warnings.
The yard was observed to be crammed with a diverse array of materials, including wood, metal, textiles, and builders’ rubbish. With hardly any clear space remaining, a substantial amount of waste was stored directly on the ground, significantly elevating the risk of fire. Brett’s defense, claiming he “didn’t do e-mails” and thus “missed” written instructions, was countered by evidence of in-person warnings from Environment Agency officers.
Crucially, Brett operated the facility without the requisite environmental permit. Despite initial excuses and denials when confronted by the Environment Agency, he ultimately admitted to breaching environmental law in court. RJ Brett Contracts Ltd also faced charges.
The severity of Brett’s predicament is further compounded by the condition that any future offenses or failure to clear the site by November will result in an immediate custodial sentence.
Lesley Robertson, enforcement team leader for the Environment Agency in Essex, Norfolk, and Suffolk, commented on the case:
“It wasn’t credible for an operator like Roy Brett, director of three other waste companies and years of experience, to say he misunderstood the need for an environmental permit or justify having an exemption from needing one. The operation undercut rivals by avoiding permitting and subsistence fees. They also evaded permit conditions designed to protect the environment.”
Concerns regarding the site’s safety were not limited to the Environment Agency. Essex Fire and Rescue Service had also issued directives to Brett, instructing him to tidy the yard and prevent the introduction of materials that could ignite a fire.
The Environment Agency’s investigation commenced in July 2024, where officers discovered over a dozen skips brimming with waste. Brett was initially granted three months to rectify the situation. However, upon the deadline’s expiration, no improvements were observed. Subsequent warnings of potential prosecution were issued. By early 2025, the situation had escalated, with almost 50 skips, some stacked atop others, cluttering the yard. Officers also noted large piles of wood and soil, alongside reports of unpleasant odors.
Brett had attempted to legitimize his waste operation by registering exemptions from environmental permits, typically intended for low-risk activities. However, the Environment Agency deregistered these exemptions when the site’s waste volume surpassed acceptable limits.
Beyond the order to remove all waste, the 66-year-old, of Winstree Road, Stanway, Colchester, was sentenced to 6 months in prison, suspended for 18 months. He is also required to undertake 30 days of rehabilitation activities and pay a £154 victim surcharge. RJ Brett Contracts Ltd received a £3,000 fine and must pay a victim surcharge of £1,200.
RJ Brett Contracts Ltd faced four charges:
- operating the waste facility at Lanham Green Road in Cressing, without an environmental permit between 3 July 2024 and 31 January 2025;
- and between 1 February 2025 and 30 January 2026, both contrary to regulations 12 and 38 (1)(a) of the Environmental Permitting (England and Wales) Regulations 2016;
- failing to comply with a notice dated 28 November 2024, requiring the company to remove controlled waste from the site by 30 January 2025, contrary to sections 59ZB(2) and 59ZB(6) of the Environmental Protection Act 1990;
- and keeping controlled waste at the site in a manner likely to cause environmental pollution or harm to human health, contrary to section 33(1)(c) contrary to Section 33(1)(c) of the Environmental Protection Act 1990.
Roy Brett was also charged with four offences:
- contrary to regulations 12, 38(1)(a) and 41(1) of the Environmental Permitting (England and Wales) Regulations 2016, knowing of or contributing to operation of the waste facility at Lanham Green Road, in Cressing, by RJ Brett Contracts Ltd, without an environmental permit between 3 July 2024 and 31 January 2025;
- and between 1 February 2025 and 30 January 2026;
- contrary to section 59(5) and s157(1) of the Environmental Protection Act 1990. knowing of or contributing to RJ Brett Contracts Ltd failing to comply with a notice dated 28 November 2024 served on the company, requiring it to remove controlled waste from the site by 30 January 2025;
- contrary to sections 33(1)(c) and 157 of the Environmental Protection Act 1990, knowing of or contributing to RJ Brett Contracts Ltd keeping controlled waste in a manner likely to cause pollution to the environment or harm to human health.
The public can verify environmental permits for businesses and individuals via the Environment Agency’s register: https://environment.data.gov.uk/public-register/view/index.
Contact for Journalists:
0800 141 2743 or communications_se@environment-agency.gov.uk.
