Agenda item

To seek approvalto commence consultation on an updated draft of the Contaminated Land Strategy.

Cabinet considered a report which sought approval to commence consultation on an updated draft of the Authority’s Contaminated Land Strategy.

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

The review of the Strategy had been shaped by engagement with the Contaminated Land North East Regional Group and internal consultation had also been undertaken to ensure the Strategy remained up to date with current nationally published guidance.

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 reflect 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 updated draft Strategy was included in Appendix 1 of the report.  A summary of the amendments to the draft Strategy were set out at Appendix 2 to the report.

The report sought approval to commence public engagement on the updated draft Strategy.  Consultation would be undertaken with the statutory bodies who were consultees to the Planning process, developers, businesses and the public.  The Authority’s Engagement Hub would be used as a means of publicising widely with comments being coordinated by the Environmental Health Service. 

It was proposed that the engagement process would commence on 30 September 2019 for a period of 6 weeks.  At the conclusion of the consultation the updated draft Strategy would be presented to Cabinet for final consideration.

Cabinet considered the following decision options: to accept the recommendations set out in paragraph 1.2 of the report, or alternatively, to not approve the recommendations.

Resolved that (1) that the Head of Environment, Housing and Leisure be authorised to commence public engagement on the updated draft Contaminated Land Strategy attached at Appendix 1 to the report; and

(2) a further report be received by Cabinet at the conclusion of the public engagement process to seek approval to the adoption of the updated draft Contaminated Land Strategy.

(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.)