SOCIAL COMMITTEE
23 JANUARY 2003
ITEM 04
CONTAMINATED LAND - CHARGING FOR INFORMATION
Report of the:
Director of Operations
Contact:
Kevin Ruck
Urgent Decision?(yes/no)
No
If yes, reason urgent decision required:
Annexes/Appendices (attached):
None
Other available papers (not attached):
Contaminated Land Strategy (in Members Room)
This report seeks the Committee’s approval to the Council making a reasonable charge
for the disclosure of information in its possession, that the Council is required to give in
connection with the possibility that land in the Borough may, at some time in the past,
have been exposed to risk of contamination.
Notes
RECOMMENDATION
(1)
1
That a charge of £63 be levied for each hour (pro rata for
a part thereof) that an Officer is engaged in gathering the
information requested.
Implications for Committee Policies/Objectives
1.1
2
The recommended charge will, if agreed, be reviewed annually, and published in
the Council’s comprehensive list of fees and charges for 2003/04 and beyond.
Introduction
2.1
The Council adopted its Contaminated Land Strategy in June 2002.
2.2
In order to implement its strategy, the Council is gathering information in the form
of Historical Land Use data, and other computerised mapping data, to facilitate
the process of prioritising, risk assessing and identifying contaminated sites for
remedial action.
2.3
The Council’s knowledge in relation to previous contaminative uses of land
within the Borough will accrue over time.
2.4
The Council is required, by law, to disclose such information as it has in its
possession, that bears upon the possibility that land may have been at risk of
contamination. A reasonable charge can be levied for providing this service.
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2.5
The procedure to be followed in order to provide the necessary information is
time consuming, and requires the attention of a suitably skilled Officer (in this
case an Environmental Health Officer) to gather and document the information.
2.6
Until a particular study is commenced, it is impossible to estimate the complexity
or the Officer time required to provide the information, making a fixed fee
inappropriate.
Proposals
3.1
4
5
ITEM 04
It is proposed that a charge of £63 be made for each hour, or part thereof, of
Officer time taken up in providing information in respect of the contaminative use
of land. This charge, if agreed, will be identical to that charged for information in
connection with Town Planning or Building Control.
Financial and Manpower Implications
4.1
Paragraph 2.5 above points out that the process for providing land use information
is time consuming and requires Professional as well as Administrative input.
4.2
A charge of £63 per hour (pro rata for a part thereof) is considered to be a
reasonable charge for the Council’s Officer time taken up in providing
information in response to contaminative land use enquiries. Where no
information is available, no charge will be incurred.
4.3
Because it is impossible to predict the number of enquiries, it is not possible
accurately to estimate the income that will derive from the provision of this
service. Demand is increasing however, and income in the region of £2,000 for
2003/04 is thought to be likely.
4.4
The Council has a continuing shortage of Environmental Health Officers, and
time devoted to providing land use information is at the expense of their other
duties.
Human Rights and Other Legal Implications
5.1
The Local Land Charges Act 1975, as amended by Section 34 of the Local
Government (Miscellaneous Provisions) Act 1982 and the Local Government and
Housing Act 1989, requires the Council to maintain a Register of Local Land
Charges.
5.2
This Register exists, prima facie, to alert potential purchasers of property and land
to the existence of “charges” attached to the property and/or land that are
enforceable by the Council against the owner for the time being.
5.3
The normal procedure is for Solicitors, acting on behalf of potential purchasers, to
requisition a search in order to protect their clients from unwittingly becoming
liable for charges attached to the property and/or land they are hoping to purchase.
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5.4
The procedure described in paragraph 5.3 is part of the routine “conveyancing”
process, and searches are made using prescribed form C, pursuant to Schedule 1
of the Local Land Charges Rules 1977, known as CON 29.
5.5
Part I of CON 29 contains at 3.12, four specific questions in relation to
contaminated land, the answers to which have thus far always been “No”, “No”,
“No” and “None”, although this will not remain the same if implementation of the
Contaminated Land Strategy discovers contaminated land requiring remediation.
This is because any such land will be identified in the Borough’s Contaminated
Land Register and this information will then be disclosed in response to these
questions.
5.6
Meanwhile, to comply with The Environmental Information Regulations 1992, the
Council is obliged to disclose on request such information, in addition to that
asked for in Part I of CON 29, that it has in its possession in relation to possible
contaminative land uses. The Council can charge for providing this information.
5.7
The Council cannot charge for giving access to the Contaminated Land Register
mentioned in 5.5 above, as this is a public document.
5.8
The Council has been required to maintain a Contaminated Land Register since
1 April 2000 as a result of an amendment to the Environmental Protection Act
1990 brought about by section 57 of the Environment Act 1995. The register
contains no information at present however, because the task of identifying areas
of contaminated land (if they exist) has yet to be undertaken, but will commence
during 2003. The Council has until 2012 to fully implement its Contaminated
Land Strategy.
Social Well-being
6.1
7
The suitability or otherwise of land for residential and commercial redevelopment,
can influence local housing and employment opportunities.
Economic Well-being
7.1
8
ITEM 04
The cost of remediating previously contaminated sites can be considerable and it
is therefore essential that the best possible information is made available upon
which sound judgements can be based.
Environmental Well-being
8.1
The Council’s ability to make available accurate information as to the possibility,
likelihood, or actuality of land being contaminated will be a significant
contribution to safeguarding the environmental well being of the Borough’s
residents.
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ITEM 04
Conclusions
9.1
A reasonable and realistic charge should be made in return for the Council
providing would be purchasers and developers of property and land in the
Borough with information in relation to previous contaminative uses.
WARD(S) AFFECTED: All
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