Agenda item

For Committee Members to pre-scrutinise the revised Contaminated Land Strategy.

The Service Director Democratic Services and Communications outlined the purpose of the report for Members to pre-scrutinise the detail provided in the report and to provide the comments and observations of the Committee to Chief Officer and relevant Cabinet Member prior to their consideration of the proposed Contaminated Land Inspection Strategy for RCT, through the delegated decision process.

The Environmental Protection & Housing Standards Manager outlined the background to the Contaminated Land Inspection Strategy (CLIS) and Members were informed that following a public consultation Rhondda Cynon Taf County Borough Council published its initial CLIS in January 2004. Members were also informed that the Council’s CLIS was designed to achieve the following set of priorities with respect to potential contaminated land:

a. To protect human health and well being

b. To encourage the redevelopment of damaged land/ reuse of Brownfield land

c. To encourage voluntary remediation

d. To communicate and work effectively with other organisations to protect other receptors

e. To engage with local communities to establish their priorities

f. To ensure compliance with and enforcement of the legislation and statutory guidance.

The Environmental Protection & Housing Standards Manager highlighted to Members that historically a number of key strategic sites have been investigated and remediated by the Council in partnership with the Welsh Development Agency (WDA) and other stakeholders, giving the examples of Coed Ely Colliery and Coking Works, and the Phurnacite works in Abercwmboi. The remediation of many other sites has been secured through the planning process. A geographical information system (GIS) developed by the Public Health and Protection Department has proved invaluable at the planning consultation stage in identifying such areas of land. Members were informed that contaminated land issues are often complex and dealing with potential contaminated sites is difficult especially as information is often limited or unavailable.

Members were also informed that since 2010, the Welsh Assembly Government has not provided a capital funding programme for the investigation and/or remediation of contaminated land. In addition to this, the Council has no specific capital budget for the investigation and/or remediation of contaminated land. As a result, the Council has focused its resources on ensuring effective site investigation and remediation via the Development Control process, by conditioning planning consents where necessary. Investigations are carried out prior to development and seek to characterise the exact nature of any potential pollutant linkages and ensure they are appropriately remediated.

The Environmental Protection & Housing Standards Manager continued to present key aspects of the CLIS and of the most recent review. Members were advised that the CLIS review process has been used to assess the effectiveness of the original CLIS in meeting the requirements of Part 2A legislation and statutory guidance. The first full review of the CLIS was completed in December 2008. In 2016, the strategy was then revised to take account of the change in statutory guidance in 2012.  It was highlighted to Members that timescales in the original Contaminated Land Strategy were deemed to be arbitrary, which needed to be redefined in light of experience, demands on resources and changes in funding provision. As a result, each review of the CLIS has redefined inspection targets in order to provide a realistic and achievable programme. Members were directed to Appendix 1 which contained a copy of the most recently reviewed CLIS from December 2023.

The Environmental Protection & Housing Standards Manager pointed out that the withdrawal of capital grant funding significantly impacted Welsh Local Authorities in their ability to undertake the formal investigation of potential contaminated land. As a result, the Council focused its resources on providing input into the Development Control process, whereby conditions are added to planning consents requiring investigations/remediation to be undertaken where necessary. This involves a significant amount of Officer time but it does provide an effective alternative mechanism for dealing with contamination by ensuring that the land is suitable for use and securing remediation on a voluntary basis. There are no current funding opportunities available and the Council will continue to utilise its resources via the Development Control process.

Members were referred to Appendix 2 which outlined examples to demonstrate the use of contaminated land conditions to ensure the safe redevelopment of land with a potential source of contamination in RCT.

A Member referred to Mountain Waters / Mine Waters coming down Mountain Sides and threatening houses and requested clarification that responsibility lies with Natural Resources Wales (NRW). The Environmental Protection & Housing Standards Manager confirmed NRW are the national regulator for controlled waters, meaning the water running off mountain sides would be within their remit. Members were advised information is available regarding contacting NRW with concerns.

A Member commented that the strategy is comprehensive, clearly written and technical.

Another Member referenced the increased instances of flooding in recent years and questioned whether there are sufficient connections between this

and the Council’s flood risk management strategy and went on to enquire whether, in flooding events there are protocols in place for risk assessing any contamination that could arise. The Environmental Protection & Housing Standards Manager acknowledged the impact of climate change and flood risk on developments and shared that these matters would have to form part of the risk assessments on developments which would be reviewed by NRW as well as the Council.

A Member referred to the information in the report regarding NRW’s responsibility for special sites where most contamination is present and asked whether the Council is happy with scrutiny arrangements in terms of the work of NRW and whether there is there adequate monitoring in place given Council’s responsibility to residents in the local areas. The Environmental Protection & Housing Standards Manager explained that when an area is declared a special site, NRW become regulator for the site with the Council working alongside. NRW have responsibility for future remediation and it remains a special site until remediation is resolved.

A Member highlighted the information regarding the Public register noting this was only available on hard copy. The Member asked whether there were plans to make this available online in interests of transparency. The Environmental Protection & Housing Standards Manager shared that this would need to be enquired about further but recognition would need to be given to the amount of information available and the suitability of this being published online.

Another Member asked whether it was felt there should there be an additional risk assessment carried out when instances of significant flooding occur to ensure confidence that no contamination has occurred. The Environmental Protection & Housing Standards Manager explained this would form part of the flood risk management teams work and provided an overview of the actions taken since the impact of Storm Dennis and the involvement of other Council Departments and NRW. 

Members acknowledged this point and felt it would be beneficial to request further information on this matter from the flood risk management team.

A Member acknowledged the information in the report which states that Welsh Government (WG) no longer provides funding for investigating contaminated land and how the Council relies on the Development Control and Planning process. The Member also highlighted that the report also states that in part 2 of Environmental Act that the Council must inspect its area in terms of contaminated land and asked whether the lack of resources impacts the Council’s ability to carry out inspections and if the RCT approach is consistent with other Local Authorities in Wales. The Environmental Protection & Housing Standards Manager outlined for Members the inspection process, assuring Members that land is inspected but this is done through the development control process. The Environmental Protection & Housing Standards Manager also added that the Council identified the various range of sites when initial CLIS was developed and acknowledged that the Council is unable to proactively go out and complete inspections but that by working alongside the Councils Planning department this ensures risks are covered. Regarding other Local Authorities (LA’s), the Environmental Protection & Housing Standards Manager informed Members that all LA’s are in the same position regarding funding and the use of development control is consistent.

A Member asked how this strategy feeds in to the Council’s wider plans such as the Corporate Plan and the Council’s Carbon Reduction Strategy. The Environmental Protection & Housing Standards Manager shared that in terms of sustainability it is important to take into account of the possible impact on future generations and making sure land is safe. Clarification was provided that the main focus of the CLIS is to deal with risks of previous land use. The Environmental Protection & Housing Standards Manager also added there are links to Carbon reduction in terms of the development  process going forward and ensuring there are no causes of contamination. Members were informed that there are more controls in place in terms of environmental permits and Health & Safety legislation to control pollution happening.

A Member queried how the Council can be certain that this approach does not pose a risk to our communities given the lack of resources available. The Environmental Protection & Housing Standards Manager assured Members that if there are complaints received from the community the Council acts upon these and if risks are identified in the community these are acted upon.

Following consideration Members RESOLVED to:

- Authorise the Service Director Democratic Services and Communications to provide the comments and observations of the Committee to Chief Officer and relevant Cabinet Member.

-Request further information from the Councils Flood Risk Management Team in respect of the queries identified in relation to significant flooding events.