Agenda item

To brief the Committee on the Council’s requirements to have a Contaminated Land Strategy, along with providing details of the proposed updated Strategy and consultation prior to Cabinet approval.

The Head of Service for Public Protection presented the report on behalf of the Cabinet Member for People and Communities. 

Under Part IIA of the Environmental Protection Act 1990, South Kesteven District Council (SKDC) had gained regulatory duties and powers relating to contaminated land.  The provisions of Part IIA came into force on 1 April 2000. (Note Part IIA was also referred to as Part 2A within the Report and Strategy).  

The Contaminated Land Inspection Strategy fulfils the first of SKDC’s 
responsibilities – to prepare and publish a Strategy.  The strategy was last updated in 2010 following legislative and guidance updates. The Council’s duties under the Act are:  

• To inspect the district of South Kesteven for land that may be contaminated.

• To inspect individual sites to determine whether they are contaminated land.

• To ensure that appropriate action is taken to remediate contaminated land.  

The Officer continued that the updated strategy reflected the current position across the district and ensured that processes adhered to current legislation. 

Part IIA placed financial responsibility for remediation of contaminated land on the polluter.  Where the polluter cannot be found, landowners or occupiers can be liable for the costs as “Appropriate Persons”. 

South Kesteven District Council has had a published Contaminated Land Strategy since 2001 with its last revision being in 2010.  The Strategy set out how South Kesteven District Council would identify and deal with contaminated land.  The programme of inspection and intervention will be based on identifying risk and those of high risk given priority.  

The revisions of the strategy were a light touch refresh to reflect the current position across the district and ensure that legislation, addresses, and other details were current. There have not been any significant or major changes to legislation leading to a material change in the Council’s approach. 

At present the Council did not have any knowncontaminated land sites as the previous two sites identified had now been remediated. 

The following points were raised during discussion by Members: 

•     It was suggested that animal health should alsobe considered within the Strategy due to potential implications within thefood chain, along with waterways. 

•      Was there a legal definition of what was considered as contaminated land? 

•      The Planning process was closely related to considerations involving contaminated land. 

•      How do Members report contaminated land concerns by residents? 

The Head of Service for Public Protection informed Members that contaminated land referred predominantly to human health for public protection and the  Environment Agency were responsible for waterways.  It was possible to consider the addition of an additional element within the Strategy in reference to animals, wildlife and the waterways.  The Environmental Health Team were a statutory consultee on planning applications, consideringcontaminated land as part of the process.  By definition, contaminated land had to have a current link to a pollutant.   Reports and concerns were to be passed to the Environmental Health team.  

It was proposed, seconded and AGREED: 

That the Committee:  

1. Noted the updated Contaminated Land Strategy  

2. Recommended that the updated Contaminated Land Strategy undertakes a four-week consultation  

3. Recommended that the Contaminated Land Strategy, with any proposed amendments following the results of the consultation process in consultation with the Chairman of the Environment Overview and Scrutiny Committee, be approved by Cabinet