Report attached.

Report Title: Arnold's Field (Launders Lane) Update

Presented by: Councillor Keith Prince, Leader of the Council

Cabinet Members noted:

1.            Once land has been determined as “contaminated land”, the Council must, by law, consider how that land should be remediated and, where appropriate, it must issue a Remediation Notice to require such remediation.

2.         Following due consideration, a Remediation Notice is being prepared for serving (after further analysis of recent fires) on the appropriate persons/entities as specified in the law in relation to the “contaminated land” at Arnold’s Field.

3.         The Notice would require the appropriate persons to address the smoke pollution (significant contaminant linkage) from the site – which arises from fires due to the combustion of waste both on the surface and the subsurface of the land – by carrying out specific remediation (installing a covering on select areas of the site) with all works to be completed within a set timescale.

4.         Failure to comply with the Notice could lead to the above persons being fined and could also lead to the Council carrying out the necessary “works in default” (chargeable to the above persons) under the Council’s “step in” powers.

5.         Whilst all efforts would be made to move as speedily as possible, the course of legal proceedings (including any appeals and enforcement etc.) may mean that the works (in default) may not take place for another two to three years and so there may be a further two to three years of fires, smoke and harm to health.

Cabinet Members agreed:

6.         To delegate, to the Strategic Director of Place in conjunction with the Strategic Director for Resources, authority to:

a.         exercise, if necessary and at the appropriate point in time, the Council’s “Step In” powers to execute any required “Works In Default” in line with the Remediation Notice; AND

b.         utilise Council funds of up to £200,000 for these purposes.