Agenda item

The attached papers were specified as “to follow” on the Agenda previously distributed relating to the above mentioned meeting.

A presentation was provided to Members by the Technical Services Manager of Worcestershire Regulatory Services (WRS).

Key points raised during the presentation were as follows:

• The new inspection strategy aimed to replace the previous version and meet the requirements of the statutory guidance which was issued in 2012. 
• The strategy outlined the process for the review of potential contaminated land sites within the District and the prioritisation methodology used.
• The report aimed to provide an overview of the framework that existed in respect of contaminated land.
• Part 2A of the Environmental Protection Act 1990 placed a duty on Local Authorities to review and assess the significant possibility of harm to human health arising from contaminated land.
• Contaminated land legislation should only be used when there were no other alternative mechanisms available.  However, the framework was predominately reviewed through the planning and development control process.
• The revised report reflected the gradual reduction and withdrawal of funding from Central Government.
• To date no sites had been declared as “Contaminated Land” by BDC.  However, several sites of concern had been subject to detailed inspection. 
• Planning policies encouraged the reuse of Brownfield land.

After consideration of the presentation, Members raised the following:

·         The protocol to be followed if a member of the public had concerns that a plot of land was contaminated.  Members were reminded that the strategy only reported on sites where contamination might be present and had the potential to pose a significant possibility of significant harm to human health.  It was also explained that the Council focused on addressing sites where contamination might exist predominately through the planning and development control process.  However, if a member of the public did have a concern, they could contact Worcestershire Regulatory Services (WRS) to review.

·         Members noted in the report that approximately 2,020 sites, which had been identified as potential sites of contaminated land within the District, largely related to historic land use, with some sites to potentially be identified as Brownfield sites.  However, Members expressed the view that the District did not have a significant amount of Brownfield sites and requested clarification on this point.  Members were informed that inspections involved reviewing land for suitable usage which could involve further scrutiny beneath the surface land layer. 

·         Members were reassured that the Council did not have any contaminated land sites.  It was also explained that there was a specific criterion for land inspection including sites categorised in the order of priority.

·         The Leader requested the outcome of two sites following any review undertaken.  It was agreed that the appropriate information would be provided accordingly by the necessary Officers.

·         It was queried how a member of the public would be informed if land they owned was contaminated land.  The Board were informed that any remediation to address potential contaminated land should be revealed in the title deeds to a property.  However, Members were reassured that in the event that any land, which posed a concern when being developed, would have remediation action carried out accordingly.

·         Members enquired if there was a comprehensive list of potentially contaminated land sites available for public viewing.  In response it was explained that some, but not all were listed in the strategy document, available to view online.

·         The Board raised concerns and sought reassurance regarding the absence of external funding mechanisms and that this would not result in BDC failing to proactively undertake detailed inspections of Sites of Potential Concern.  Members were reassured that potential sites of contamination had been prioritised, and risks had been mitigated where necessary.

RECOMMENDED to Cabinet that:

1) The Council adopt the revised strategy which should be published on the Worcestershire Regulatory Services (WRS) website.