Decision details

Date of Decision:

18^th 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 15^th 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