Car park owner jailed for ignoring HSE notices

A landowner has been jailed for ignoring safety issues at a car park in St Ives.

Truro Crown Court heard that following a complaint, inspectors from the HSE visited a site owned by Nicholas Eastwood in February 2008. They found part of the land being used as a car park near the edge of a valley slope, with a steep 30-metre drop to houses below. The HSE issued a Prohibition Notice preventing pedestrian and vehicle access five metres from the edge of the slope and Improvement Notices requiring suitable protection from falls.

No subsequent action was taken by Mr Eastwood and on 6 August 2009 emergency services were called to the site because a car was spotted hanging over the edge of the slope. Householders living below the site were evacuated while the car was removed.

Nicholas Eastwood pleaded guilty to breaching Sections 3(2) and 33(1)(g) of the Health and Safety at Work etc. Act 1974. He was given a custodial sentence of nine months for breaching Section 33(1)(g).

Speaking after the hearing, HSE Inspector, Barry Trudgian, said: 

"As the incident in August 2009 showed, there was a very real risk of a car going over the edge of Mr Eastwood's land which could have had very serious consequences, not only for the driver but also for residents and members of the public passing below. By simply installing a barrier, as he was requested to do, he would have significantly reduced this risk.

"Employers who ignore these notices, and continue to put people at risk, should expect to be prosecuted."