Purpose

1               Part 2A of the Environmental Protection Act 1990 deals with the identification, prioritisation, determination and remediation of contaminated land. The legislation places a statutory duty on local authorities to inspect their area for the purpose of identifying potentially contaminated sites and for the further inspection of such sites.

2               Under statutory guidance local authorities should take a strategic approach to the identification of land which merits detailed individual inspection. The guidance confirms that local authorities should keep their strategies under periodic review to ensure it remains up to date.

3               In 2020, Cheshire East Council adopted the current Contaminated Land Strategy, and following a full review and consultation exercise, we have now produced an updated Strategy for approval.

Decision

That the Contaminated Land Strategy be approved as per appendix 1 to the report.

Reasons for the decision

1               The updated Strategy ensures that the Council meets its statutory duties under Part 2A of the Environmental Protection Act 1990 to inspect its area and maintain an up-to-date written strategy.

2               The Strategy reflects current statutory guidance, updated data and best practice, and provides a clear and consistent framework for identifying and prioritising potentially contaminated land.

3               Adoption will support the effective management of risks to human health and the environment and ensure a transparent and proportionate regulatory approach.

4               The recommendation supports the Corporate Plan priorities of improving health and wellbeing and delivering an effective and enabling council.

Alternative options considered

Option

Impact

Risk

Do nothing – retain existing Strategy

No immediate resource requirement

Non-compliance with statutory guidance; reliance on outdated approach; increased risk of inconsistent decision-making and challenge

Update selected sections of the existing Strategy only

Reduced time and resource requirement compared to full review

Risk of inconsistencies within the document; does not fully reflect updated guidance, data or practices; may undermine clarity and robustness of approach

Defer adoption of the updated Strategy

Allows additional time for further review or alignment with future changes

Leaves the Council operating under an outdated Strategy; risk of non-compliance with expectation for periodic review; potential reputational and legal risk

Prioritise contaminated land management through the planning system only

Focuses resources on development-led remediation

Fails to meet statutory duties under Part 2A; does not address risks on land in current use; creates gaps in regulatory coverage