Planning permission ban sought over chemical concerns

Wyre Council wants to stop granting permission for new houses on land found to have heightened levels of a cancer-causing chemical – until more is known about the exact risk it poses.

The authority has asked the government to approve the temporary ban in the vicinity of the AGC Chemicals Europe Limited plant – at the Hillhouse Technology Enterprise Zone – in Thornton Cleveleys.

It comes in the wake of an initial set of results from an ongoing investigation into potential contamination linked to what was previously an ICI factory.

Concern had been raised about the release of Perfluorooctanoic Acid (PFOA) from the West Road site between the 1950s and 2012.   Although its use was in line with UK legislation at the time, the chemical was later classified as carcinogenic.

The Environment Agency carried out tests late last year on 22 parcels of land surrounding the plant and 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.   There are two council-run allotments close to the Hillhouse site.

The agency says “further work and risk assessment” is necessary, but has warned its investigations will be “complex” and could be lengthy.

Wyre Council leader Michael Vincent has now written to local government secretary – and deputy prime minister – Angela Rayner asking for the authority to defer decisions on all planning applications for new properties in the area until the Environment Agency’s work is complete.

If the council took that step unilaterally, it could face appeals from developers and end up having costs awarded against it by the Planning Inspectorate for taking too long to determine applications.

Cllr Vincent told the Local Democracy Reporting Service (LDRS) that if the Environment Agency ultimately concludes the level of PFOA in the soil around the site “poses a serious threat to health and safety”, the local authority would issue a contaminated land notice – which would give it greater power over the future use of the area in question.

“We are already requiring anybody who applies [to build houses] in the vicinity to do more detailed investigations into the land, because that is within our [existing] powers.   [But] if they tick all the boxes – and as there isn’t, currently, officially contaminated land there – then, from a planning perspective, there’s no reason why we would have to refuse [an application].

“If a contaminated land notice is served, then we can take [further] steps. But until then, we’re in this bizarre situation where the investigation is going on, but we don’t have any power [to deny permission to build],” Cllr Vincent explained.

The LDRS understands the council is seeking a 1km radius around the chemicals factory for its proposed planning moratorium, within which is a site formally allocated for housing within Wyre’s local plan.  There are several other plots nearby where permission was granted for new homes before anything was known of the presence of PFOA – and the council is powerless to do anything to block those developments retrospectively, regardless of whether the government authorises it to defer future applications.

The first phase of the Environment Agency’s investigation saw tests carried out across a 5km zone, although the majority were within 500 metres.

‘GIVE US BETTER ADVICE’

In October, the Food Standards Agency issued guidance to residents in the vicinity of the chemicals plant, stating that people who “regularly eat large amounts of vegetables and fruits grown in allotments and gardens could be increasing their exposure” to PFOA.

However, the organisation simply advised locals to wash the produce with water before eating it in order to get rid of soil, dust and harmful bacteria – more of which could be removed by peeling, it said.

Back in July, before its investigation had begun, the Environment Agency made a similar recommendation and added that people should wash their hands thoroughly after working or playing in their gardens or tending to their allotments.  But it said residents should “continue to enjoy using your garden space as you normally would”.

In his letter to Angela Rayner, Cllr Vincent said residents were “understandably very concerned” by the situation. He told the LDRS the authority is now “pushing the relevant agencies for some better health advice”.

“Now that [PFOA] is not being pumped into the air [anymore], the risk comes…to people who are eating fruit and vegetables that they grow in the area – in their gardens [and] allotments,” Cllr Vincent explained.

While he said that that risk was understood to be a “very low one”, he nevertheless wants “better expert advice for people to try and make them feel a bit more comfortable about this”.