Agenda item

Context:

Members were presented with a report from the Princpial Environmental Health Officer in order to inform Members of the options for revising the Authority’s Contaminated Land Inspection Strategy prior to consideration by Cabinet.

Key Issues:

The Authority has duties under Part 11A of the Environmental Protection Act 1990 to inspect its area for contaminated land in line with statutory guidance, which includes the development of an inspection strategy. In 2002 the Council approved a Contaminated Land Inspection Strategy setting out its plans for identifying potentially contaminated land and prioritising any identified sites for remediation action.

The report provided a summary of the current position of the work undertaken to date and the options for consideration in revising the Authority’s Contaminated Land Inspection Strategy and Members were advised of the following key points:

·         2480 potentially contaminated sites in the authority have had an initial desk top risk assessment, which has enabled sites to be placed into risk category bands. Of the 2480 identified sites, 44 are categorised as ‘very high’ or ‘high’ risk.

·         Identifying these potentially contaminated sites enables effective consultation between the Development Control Section and Environmental Health.

·         If a site is identified as contaminated, the land has to be declared as ‘Contaminated Land’ and be placed on public register. The legislation allows for the Council to serve notice on the original polluter to require remediation, but in the quite likely event of the company no longer being in existence, the options remaining would be to serve notice on the current property owners to remediate or for the council to undertake

the work. Remediating land is very expensive, although the costs do vary widely according to the nature of the site. Property depreciation and anxiety for the property owner(s) is a likely consequence of a declaration of ‘Contaminated Land’ until remediation is completed.

·         From 2005 to 2011 Welsh Government provided Capital Support to local authorities to fund intrusive investigations at potentially contaminated sites and towards the cost of remediation. This funding stopped in April 2011.

The Options presented in the report for a revised strategy were:

·         Option A. Dealing with land contamination through the planning regime.

·         Option B. Limited intrusive site investigations.

·         Option C. Full site investigations.

·         Option D. Further desktop studies to refine the prioritisation of sites in readiness for limited / full site investigations.

Members Scrutiny

Following a request for clarification regarding the risk register, the Specialist Environmental Health Officers explained that it was the responsibility of the Authority to carry out inspections from time to time which would be defined by having an Inspection Strategy.  The majority of work regarding the prioritisation of sites had been done and it was now time to decide whether to move on to the highest risk sites and carry out detailed inspections.

Members questioned if the risk register also covered Asbestos issues.  It was confirmed that the register would only cover land.  If a building had asbestos it would not necessarily mean the ground is contaminated.  Asbestos should be removed prior to being demolished.

Officers stressed that no detailed inspections of any site had been carried out.  Potentially this could involve external companies and run to costs of tens of thousands.  There would be a challenge of requiring the land owners to rectify and remediate the land, or the Council itself to take on the responsibility.  It had been estimated by officers at other local authorities that costs could run to £250,000 per hectare.  Officers worked with Planning Department where there was development on potentially contaminated land, to ensure planning conditions were followed.  Examples of such areas were the Coopers Filters site in Abergavenny, the old gas works sites in Chepstow and Abergavenny, which had been remediated under the planning regime.

Members asked the Officers what they considered to be the greater areas of concern.  In response we heard that it was best to consider historical land uses such as Victorian gas works, and the legacy of the industrial revolution.

Members requested further information on any sites considered high risk, that were owned by the Council.

Members referred to the land at Llanfiost School.  Officers would provide further information following the meeting.

The Chair questioned if other local authorities were in a similar position and if any had adopted the strategy.  Officers advised that all local authorities in Wales were in the same position.  All have a responsibility to follow statutory guidance issued in 2012, and there had been no further legislative changes.  Following the report going to Cabinet, Officers would consult with Welsh Government and liaise with the Environmental Health Technical Panel in preparation of the revised strategy prior to returning it to Cabinet for approval.

A Member questioned if farmland would automatically be tested when it comes to planning.  It was explained that farmland was not automatically identified as contaminated land.  Officers would look at historical data and maps to identify contaminated usage, and follow through from there.

In response to a Members question regarding military sites, we were informed that the Authority had no enforcement over these sites. However, Natural Resources Wales monitor water and information could be obtained from them.

Recommendations:

Members were recommended to note the content of the attached report entitled ‘Monmouthshire County Council’s Contaminated Land Inspection Strategy – Progress Summary’ February 2016, consider the options available and comment accordingly.