Agenda item

To consider a report seeking approval for the adoption of the updated North Tyneside Contaminated Land Strategy following the conclusion of a six-week consultation process.   

Cabinet considered a report which sought approval for the adoption of the Authority’s updated Contaminated Land Strategy following the conclusion of a six-week consultation process.

The Authority had a duty under Part 2A of the Environmental Protection Act 1990 to produce a Contaminated Land Strategy setting out how it would identify and deal with contaminated land within its area. The Authority had a Strategy which had last been reviewed in 2014. 

The current review of the Strategy had been shaped by engagement with the Contaminated Land North East Regional Group which consisted of local authority Contaminated Land officers.  Internal consultation had also been undertaken to ensure the Strategy remained up to date with current nationally published guidance. The updated draft Strategy was included at Appendix 1 of the report.

The Local Plan, approved by Council in July 2017, emphasised that new development must be made suitable for its use and enabled contaminated land to be brought back into beneficial use. The updated draft Strategy linked to the Local Plan and highlighted development as a route to bringing contaminated land back into beneficial use and provided an opportunity to improve the environment.

The main amendments to the Strategy were:

·       Mining and ground water constraints: Developer guidance had been produced by the Environment Agency and the Coal Authority to ensure protection of water courses, ground water and mine gas;

·       National and local planning policy: New policies on Planning placed the onus on developers to demonstrate that development would not cause serious detriment to the environment;

·       Changes in land status: There had been a reduction in local designated wildlife sites and sites of local nature conservation interest in the borough. There had been a reduction in publicly owned land;

·       Prioritisation of actions relating to contaminated land:  Updates to the work programme to reflected the proactive work that had been undertaken; and

·       Environmental Damage Regulations:  Inclusion of the amendments that had been made to these regulations which removed the need for formal consultation on remediation proposals.

The six-week consultation exercise on the updated Strategy included consultation with the statutory bodies who were consultees to the Planning process (Environment Agency, Coal Authority and Highways Authority), developers, businesses and the public.  The Authority’s Engagement Hub had been used as a means of publicising the draft strategy to local residents and businesses.

In total 5 responses had been received, considered and reflected in the revised draft policy as appropriate. A summary of the responses received, and the amendments made were attached at Appendix 2 to the report.   

Cabinet considered the following decision options: either to adopt the updated North Tyneside contaminated land strategy 2019 or not to adopt the revised strategy.

Resolved that the adoption of the updated Contaminated Land Strategy, attached at Appendix 1 to the report, be approved.

(Reasons for decision: It is a statutory requirement that the Authority has an up to date Contaminated Land Strategy.  The updated draft Strategy will provide developers, businesses and residents of North Tyneside with guidance on how the Authority will determine whether land is deemed to be contaminated.  When land is deemed to be contaminated it sets out what action the Authority will take.

If the preferred option is not approved, the Authority risks not being able to fulfil its statutory requirements and not being in a position to ensure that land within North Tyneside will be fit for its current use.  This may result in detrimental impacts to health for the residents of North Tyneside and the wider community. All consultees were given the opportunity of providing feedback and comments on the draft Strategy during the consultation period.)