No ban on new housing during contamination investigation

The government has refused to back a bid by Wyre Council to prevent any more new homes being given the go-ahead in an area with heightened levels of a cancer-causing chemical.

The authority had asked for support from ministers to introduce the temporary block until an investigation into potential land contamination close to the former ICI factory in Thornton-Cleveleys was completed.

However, the council has been told that it has all of the necessary powers to deal with the issue under existing planning legislation – prompting its leader to accuse the government of caring more about new housing numbers.

The Environment Agency is currently undertaking what it says could be a lengthy probe into the effects of perfluorooctanoic acid (PFOA) being released from what is now the AGC Chemicals Europe Limited plant, within the Hillhouse Technology Enterprise Zone. It occurred between the 1950s and 2012, during which time use of the chemical was in line with UK legislation – but the substance was later classified as carcinogenic.

Tests late last year on 22 parcels of land surrounding the plant found PFOA present in the soil at all of them – in some cases at higher than recommended levels for certain types of land use, including growing vegetables.  Gardeners and plot-holders on two allotments in the vicinity have been advised to wash any produce as a precaution.

In January, Wyre’s Tory leader Michael Vincent wrote to the government to request the authority to defer decisions on all planning applications for new properties within 1km of the site until the Environment Agency’s work is complete.   Without ministerial cover – and an official contaminated land notice – the council could lose any appeal brought against it by a developer for not determining a housebuilding proposal within the usual time limit.

However, Baroness Sharon Taylor – parliamentary under-secretary of state for housing and local government – has now said in reply that the National Planning Policy Framework (NPPF) already contains provisions to ensure new developments do not face an “unacceptable risk” from levels of soil or other pollution.

But Cllr Vincent says that misses the point about the particular situation surrounding the Hillhouse site.

“National planning policy allows us to put slightly more strenuous requirements [upon developers] for the testing of contaminated land, but it doesn’t allow us to say, ‘No more development here [for now].’

“And the problem at the moment is…nobody knows what the safe level [of PFOA] is – we are breaking new ground.

“We will learn what is considered to be the safe level – and what the implications of that are – once this investigation has concluded.  So we could have contaminated land or we [might] not.

“My take on [the government’s response] is that housing numbers mean more to [them] than this issue, which is very disappointing,” Cllr Vincent said.

There are two sites earmarked for new housing within Wyre’s local plan – which sit within the council’s proposed planning exclusion zone – that could be brought forward for development before the Environment Agency has concluded its investigation.

There are other parcels of land for which planning permission has already been granted and where even a moratorium on new approvals would not prevent building work from beginning.

However, Cllr Vincent says the government would have “sent a message” by supporting the temporary ban on fresh permissions.

“It would have [shown] that there is some thought behind planning and it’s not just literally, ‘Build wherever you want [and] damn the local people,'” he added.

Baroness Taylor said in her letter that she could not comment on “specific development proposals”, but explained that local planning decisions should “ensure that a site is suitable for its proposed use, taking account of ground conditions and any risks arising from…contamination”.

She continued:  “Responsibility for securing a safe development rests with the developer and/or landowner, and local planning authorities should work with applicants to find acceptable ways forward if there are concerns about land contamination.”

The Ministry of Housing, Communities and Local Government did not respond to a request from the Local Democracy Reporting Service for further comment.