Councillors have agreed not to prosecute a landowner over the illegal dumping of waste in Brentwood – despite asking for legal action a year ago.

It follows a decision last year to pursue legal action for ignoring an enforcement notice against a landowner required to remove hundreds of tonnes of waste illegally dumped on the green belt in Ashwells Road.

The enforcement notice from July 2022 ordered the waste to be removed in three months and the one-hectare site to be returned to its original condition in four months.

It is believed around 300 tonnes of trommel fines and soils were deposited on the small area of grassed open land a few months before in April 2022.

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Essex County Council, as the waste planning authority, conducted an unannounced visit in December 2022, which confirmed that although potentially some waste had been removed, the majority remained. In January 2023 the landowner stated personal events and circumstances had delayed their ability to comply.

The landowner however stated that they remained committed to complying and the council agreed not to take any further action until after March 31 2023. But this window passed without any meaningful progress on-site.

The council at this point considered the landowner had more than ample time and opportunity to comply with the requirements of the notice and as such considered that a prosecution could potentially be advanced. However, a report to members in July 2023 said that seeking a prosecution may not be “appropriate or in the public interest”.

But nonetheless, members voted against this recommendation and instead decided to give the landowner one final four-week period to comply with the enforcement notice. A visit on August 29 2023 confirmed the requirements of the enforcement notice had not been met and the council instructed Essex Legal Services to seek a prosecution.

Members of the council's development and regulation committee followed recommendations to vote to halt this action at a meeting on August 23.