Purpose

To adopt the revised version of the
Council’s Contaminated Land Inspection Strategy.

Decision

 

ROTHERHAM METROPOLITAN BOROUGH COUNCIL

 

RECORD OF OFFICER EXECUTIVE DECISION
 

Date of Decision:

18th August, 2025

Title:

Statutory Contaminated Land Inspection
Strategy – review 2025 - 2030

Decision Maker:
(Including Job Title)

Sam Barstow, Assistant Director, Community
Safety & Street Scene

Details of Specific Delegation
 
or
 
Delegation contained in the relevant
Sub-Scheme of Delegation.
 

Delegation in the Council’s
Constitution, Sub-Scheme of Delegation - Section 4C of Appendix 9:
Responsibility for Functions, of the Constitution (Appendix
9 - Responsibility for Functions.pdf (rotherham.gov.uk), of the
Constitution it states:
 
1. This officer delegation scheme sets out the
executive functions delegated to officers.
 
8. Delegations set out in this scheme will be
read in conjunction with all provisions of the Council’s
Constitution, and decisions taken by officers in accordance with
this scheme will be taken in accordance with all relevant rules and
protocols.
 
Under the
Sub-Scheme of Delegation - Strategic Director of Regeneration &
Environment, the Strategic Director has chosen to sub-delegate
some or all of those functions to officers of suitable experience
and seniority in his/her own directorate or in another
directorate.
 
At pp 3 – 8 the delegations to the
Assistant Director Community Safety and Street Scene are set out.
At pp51 – 61 in respect of the Environmental Protection Act
1990 and related statutory instruments, amongst others, the
delegation of powers in relation to issuing of statutory
documents.
 

Decision:

The decision is to note the Statutory
Contaminated Land Inspection Strategy – review 2025 -
2030.

Reasons for the Decision:

The Council is obliged by statute to have in
place a Contaminated Land Strategy. Under Part 2A of the
Environmental Protection Act 1990, the Local Authority is
identified as the primary regulator for dealing with land
contamination problems. The Council therefore has a statutory duty
to inspect its area for land contamination. The process of
investigating and remediating land aims to ensure that all land in
the Borough is suitable for the use it is put to and does not pose
unacceptable risks to human health, the environment, controlled
waters and property.
 
Whilst the Strategy had been reviewed in 2024,
a Council Motion of 15th January 2025 required a peer
review of the Strategy to be undertaken.

Details of alternative options considered and
rejected:

This is a legal requirement without provision
of alternative options. 

Conflicts of interest declared by any Cabinet
Member consulted by the decision maker which relates to the
decision:

None

Dispensations Granted:
(If any)

None
 

Conflicts of interest declared by the Decision
Maker if they sit as a Cabinet appointed representative to an
outside body which relates to the decision:

None
 

Dispensations Granted:
(If any)

None
 

Reports or parts of reports considered

Environment Act 1995
Environmental Protection Act 1990 Part 2A
Environmental Protection Act 1990: Part 2A
Contaminated Land Statutory Guidance (DEFRA, April 2012)
Rotherham Metropolitan Borough Council:
Statutory Contaminated Land Inspection Strategy (2nd July 2001)
– Version 1.0
Rotherham Metropolitan Borough Council:
Statutory Contaminated Land Inspection Strategy (2010-2013) –
Version 2.0
Rotherham Metropolitan Borough Council:
Statutory Contaminated Land Inspection Strategy (2024-2029) –
Version 3.0

Council Meeting, 15th January 2025 (para 103), Motion -
Proactive action at the Maltby Colliery site.pdf
National Planning Policy Framework (NPPF),
December 2024

 
I certify that this
is a true record of the executive decision to note
the Statutory Contaminated Land Inspection Strategy – review
2024 - 2029
 
 
I confirm that in
making this decision, due regard was given to the seven principles
of public life.
 
Signed by the
Decision Maker:

 
Dated:         
18th August, 2025
 
Name:          Sam
Barstow        
Job Title:     Assistant Director, Community
Safety & Street Scene
 
 
If you require any assistance in the
completion of the decision record please contact the Governance
Team governance@rotherham.gov.uk