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Economic Development

John Hemming loses 'garden tax' High Court bid

Yardley MP could be ordered to pay nearly £20,000 for cost of bringing case against Birmingham City Council to court

Yardley MP John Hemming has lost his latest battle with the city council over its controversial garden tax

A city MP has lost a High Court appeal against over green waste but vowed to take it to the Supreme Court.

John Hemming (Lib Dem Yardley) launched a court bid - dubbed the garden tax - last year, saying it had a duty to collect waste dumped by residents who refused to pay for green bins.

In the latest development, Mr Justice Wilkie, in the High Court sitting in Birmingham, ruled in favour of the council, with Mr Hemming ordered to pay its £13,101 costs from the case so far, plus additional costs from the recent case, which are likely to be between £4,000 and £5,000.

The latest case was an appeal against a decision by District Judge Robert Zara in Birmingham Magistrates' Court in October.

Judge Zara had ruled Mr Hemming's application for a litter abatement order needed to concern a particular piece of land and could not cover a whole constituency.

He added that, since the council had already collected piles of waste complained about, the application under Section 89 of the Environmental Protection Act could not succeed.

The latest ruling was welcomed by Coun Lisa Trickett, cabinet member for a green, smart and sustainable city, who said: "We regret the resources yet again taken up in what was essentially pointless court action when we could have put our energies into collaborating on ensuring citizens have clean, well-managed streets.

"We are pleased the courts have supported the view we have repeatedly expressed to Mr Hemming - we have made every effort to deal with the issue of dumped green waste during the transitional first year of our new chargeable service."