Agenda item

To provide an opportunity for the JPPC to consider and adopt the updated strategy drafted under the Environmental Protection Act 1990 in relation to contaminated land which will allow West Berkshire District Council to discharge the duties placed on it by the Act.

Sean Murphy and Russell Davidson introduced the report (Agenda Item 8) which provided an opportunity for the Committee to consider and adopt the updated strategy drafted under the Environmental Protection Act 1990 in relation to contaminated land which would allow West Berkshire Council to discharge the duties placed on it by the Act.

Sean Murphy highlighted two changes that would be made to the Strategy prior to it being published. The first was to update the Equality Impact Assessment so that it recognised the impact that contamination could have on residents, in particular young people. The second was to note as a concern the high price of implementing mitigation measures such as a potential impact on the viability of affordable housing.

Russell Davidson noted that the report was the corresponding West Berkshire iteration to the Bracknell Forest one presented to the Committee in 2022.

Russell Davidson noted that the 2023 revision reviewed the Council’s aims and objectives, as well as progress made in implementing the strategy. While updates were made to the relevant action plans and procedures, no significant changes to West Berkshire Council’s strategy were being proposed.

There was only a small number of significantly contaminated sites. 179 potentially contaminated sites had been removed as they were either not considered to be contaminated or had remedial works carried out on them. This included 32 that were high priority sites. A further 52 high priority contaminated sites had been re-assessed to be of a lower risk following investigative work. The development of contaminated sites was managed through planning conditions imposed by Development Control.

The Chairman noted that in addition to the amendments referenced by Sean Murphy, the layout and presentation of the report would also be updated prior to publication.

The Chairman then proposed an additional recommendation that the Contaminated Land Strategy be reviewed every five years moving forward. The additional recommendation was agreed.

Councillor James Cole asked what was defined as a “relevant non-human” under Section 6.2.1 of the updated Contaminated Land Strategy. Russell Davidson responded that “relevant non-human” refers to property such as land or buildings. The Chairman asked whether domesticated animals should be included. Sean Murphy asked that that point be taken away to consider. (Post meeting note: Officers checked the guidance and confirmed that the guidance stated that non-human referred to animals, plants, rivers or property. An explanatory note was added to the CLS prior to it being published).

Councillor Dorothy Hayes noted that the Contaminated Land section was contributed to by all six Berkshire councils, and whether the Council was covered from a legal perspective with regards to the London Road site. Sean Murphy responded that the Bracknell Forest Contaminated Land Strategy was approved in September 2022, and that the point would be raised with Bracknell Forest Officers. Damian James responded that the strategy went through to the Executive Committee and would be followed up on. (Post meeting note: Damian James had contacted Councillor Hayes and clarified the position in respect of the London Road site).

RESOLVED that:

·         The Committee considered the revised Contaminated Land Strategy.

·         The Committee approved the Strategy subject to the amendments agreed at the meeting.

·         The Committee delegated authority to the Public Protection Manager, in consultation with the Chairman of the JPPC, to make any minor amendments to the Strategy prior to it being published.

·         The Contaminated Land Strategy would be reviewed every five years.