By staff reporter

Last updated 16:11, Wednesday, 01 October 2008

MAGISTRATES have decided that a builder put asbestos sheeting into the foundations of a house extension in Seascale.

William Osbourne Hogg admitted putting bits of rubbish in the foundation of the extension on Wasdale Park – but not asbestos.

Hogg, 49, of The Crescent, Seascale, pleaded guilty to disposing of controlled waste without a licence.

Magistrates decided Hogg was the guilty party and fined him £5,000. He must also pay £1,500 in Environment Agency costs.

The extension was being built at the home of Gillan and Rebecca Pooley at Wasdale Park.

Barrister Richard Bradley, prosecuting for the Environment Agency, said that although Hogg pleaded guilty to the general charge he maintained he was not to blame for disposing of the asbestos. “He believed another person was the likely person,” he said.

The court heard that Kevin Temple, a scaffolder, lived next door to the Pooleys and some time previously had removed asbestos from his porch roof. But Mr Temple vehemently denied he got rid of this by burying it in the foundations Hogg was digging. He told the court he was trained in asbestos awareness, adding that he had bagged up the material himself, made it safe and took it to the tip where he declared it.

Mr and Mrs Pooley dismissed Hogg from the job after being told by a building control inspector that the extension did not conform to regulations. Hogg concreted the floor despite being told not to do so by building inspector Leslie Finlay who was not happy with the work.

Mr Pooley dug up the concrete floor himself and found the broken pieces of asbestos.

Hogg admitted to the Environment Agency that he had put rubbish such as an old carpet, timber and lino – from another job – into the foundations before concreting over but denied any knowledge of asbestos. He also said in an interview that “he recognised it as asbestos sheeting he had seen on the driveway of Mr Temple and speculated that Mr Temple may have deposited the broken sheets.”

Addressing the magistrates, solicitor Neil Pilling said: “Did Mr Hogg put asbestos into the foundations? What evidence is there – there is no direct evidence at all. No-one saw him. Mr Temple says he did not put it in, Mr Hogg is not saying he did, in fact Mr Temple says there was no asbestos on his land at all at that particular time, but it is a bit of a co-incidence that some had been seen there.”

Presiding magistrate Ian Killip said: “Mr Hogg has admitted he did not comply with building and environmental regulations. He has displayed total disregard for the proper rules and standards of a responsible builder. We do not believe his version of events.”