Issue - meetings

Arising from a report of the Head of H R and Development and a recommendation from the Managing the Environment Policy Development Group, the PDG had recommended that the updated Contaminated Land Cost Recovery Policy be adopted.

Arising from a report * of the Head of H R and Development and a recommendation from the Managing the Environment Policy Development Group, the PDG had recommended that the updated Contaminated Land Cost Recovery Policy be adopted.

Consideration was given to liability, that funding was no longer available from DEFRA and updated legislation.

RESOLVED that the revised policy be adopted.

(Proposed by the Chairman)

Note: * Report previously circulated copy attached to minutes.

To receive a revised Contaminated Land Cost Recovery Policy.

The Group had before it a report * from the Public Health and Professional Services Manager providing a revised Contaminated Land Cost Recovery Policy.

The Officer presented a revised version of the current Contaminated Land Cost Recovery Policy approved by the Community Well Being PDG in June 2009 and subsequently adopted by Cabinet and Council. It was recommended that the policy be reviewed every 5-years and revised where necessary. A review had been undertaken and the policy did not require substantial revision therefore was largely unchanged from the previous version. Minor changes had however been made to reflect the following:

·                    Changes to over-arching legislative references bought in by amended regulations in 2012

·                     Updated Defra Statutory Guidance (April 2012)

·                    Closure of the Defra Contaminated Land Capital Projects Programme in April 2014

·                    Removal of availability of Housing Repair Grants (replaced by loans issued in partnership with Wessex Home Improvement Loans)

The Policy highlighted the types of appropriate person responsible for remediating a contaminated site.  A Class A appropriate person was the polluter, Class B was the owner/occupier of the site and Class C was the local authority, when no appropriate ownership or person with liability could be established. Where a determination notice had been served and the local authority was left with all or part of the liability to remediate contaminated land (as the Class C person) then it could no longer apply for monies under the Defra Contaminated Land Capital Projects Programme. Therefore the Council was potentially liable for the full costs of remediation. Overall, the policy would act as a guide for the decision making process in respect of the recovery of costs.

It was RECOMMENDED to the Cabinet that the updated Contaminated Land Cost Recovery Policy be adopted.

(Proposed by Councillor D R Coren and seconded by Councillor Mrs D L Brandon.)

Note:-Report previously circulated and copy attached to Minutes.