Decision

RESOLVED: Cabinet;

1)     Approved the Strategy and Hardship Policy for adoption, replacing the predecessor authority polices currently in place.

2)     Authorised the Corporate Director - Law and Governance to review and amend the Strategy and Hardship Policy following periodic review, as recommended by the Head of Environmental Protection and Environmental Crime, in consultation with the Portfolio Holder.

REASONS RESOLVED:

1)     The Contaminated Land Strategy and Hardship Policy are necessary requirements in terms of ensuring legal compliance with the contaminated land regime. Without a Strategy and Policy, the Council would have difficulty undertaking inspections, taking enforcement actions, in making decisions on appropriate persons and in recovering the costs of remediation.

2)     To accord with the statutory guidance, local authorities are required to keep their Contaminated Land strategy under periodic review. In producing the West Northamptonshire Council Contaminated Land Strategy, we seek to replace the Strategies produced by the former district/borough councils for their areas, which have not been updated for several years.

3)     The Strategy details how the Council will implement the contaminated land regime from 2026 onwards and takes account of the latest statutory guidance, experience and knowledge from the former borough/district councils and the resources available to the Council at this time.

4)     Failure to adopt the Contaminated Land Strategy and Hardship Policy will not prevent the Council fulfilling its duties under the Environmental Protection Act 1990, as the Council has predecessor authority policies in existence. However, a periodic review is now required and adoption of a West wide Strategy is appropriate.

ALTERNATIVE OPTIONS:

The Contaminated Land Strategy and Hardship Policy are necessary requirements in terms of the Contaminated Land regime. Without an up-to-date Strategy and Policy the Council would have no combined direction to undertaking inspection, enforcement and in making decisions on appropriate persons and recovering the costs of remediation.

Statutory guidance states that the local authority should keep their contaminated Land Strategy under periodic review.  The West Northamptonshire Council Strategy replaces the contaminated land strategies produced by the former district/borough councils.