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Proposed Birchall Garden Suburb and Part 2a of the Control of Pollution Act 1990

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Dear Welwyn Hatfield Borough Council,

On behalf of the Welwyn Garden City Society I would like Welwyn Hatfield Borough Council to please confirm what steps it has taken since responsibility was passed to it under Control of Pollution Act 1990 (the “Act” ) to satisfy itself under Part 2 of the Act that the site now referred to as Birchall Garden Suburb (the “site”) was a site free of contaminants that might cause harm to human health or to waters that could be affected from any pollution from that location?

In particular, we would like to know, in relation to the Act, the following:

1. The dates of any visits (if any) to the site that Council officers have made; and

2. What actions (if any) the Council has taken as a result of their visits; and

3. What remedial action (if any) it has stipulated should be undertaken; and

4. Where remedial action has been required by the council, what action (if any) has been taken to ensure it has been undertaken; and

5. What enforcement action (if any) it has taken if that remedial action has not taken place; and

6. Any other matters pertaining to the Council’s obligations under Part 2 of the Act.

7. Please include in your response any documentation that the Council itself has produced in relation to the above points 1-6.

I look forward to hearing from you.

Yours faithfully

Will Davis

Chairman, Welwyn Garden City Society.

Ian Colyer, Welwyn Hatfield Borough Council

Dear Mr Davis,

 

Thank you for your request for information received on 2^nd January 2018.

 

The Council’s policy is to release information unless an exception can be
reasonably applied. The Council will respond within 20 working days by
either releasing the information or letting you know why it cannot release
the information. If for any reason it is not possible to respond within
the 20 days, we will let you know as soon as possible with the date by
which we anticipate we are able to respond.  

 

For your information, the Environmental Information Regulations 2004
defines a number of exceptions, which may prevent release of the
information you have requested. There will be an assessment of your
request and if any of the exception categories apply then the information
may not be released. You will be informed if this is the case, including
your rights of appeal against the refusal to disclose the information.

 

If the information you request concerns a third party then they may be
consulted prior to a decision being taken on whether or not to release the
information to you. You will be informed if this is the case.

 

If you have any queries or concerns then please contact Ian Colyer,
Freedom of Information Officer, Welwyn Hatfield Council, Council Offices,
The Campus, Welwyn Garden City, Herts. AL8 6LA, Tel: 01707 357413, Email:
[1][Welwyn Hatfield Borough Council request email]

 

Further information is also available from the Information Commissioner
at:

Information Commissioner’s Office

Wycliffe House,

Water Lane

Wilmslow,

Cheshire,

SK9 5AF

Telephone: 01625 545 700

[2]http://www.informationcommissioner.gov.uk

 

Yours faithfully,

 

 

Ian Colyer,

Freedom of Information Officer

Welwyn Hatfield Borough Council

Telephone: 01707 357413

Email: [3][email address]

 

 

 

 

 

 

 

 

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it in any way. If you receive this email in error, please immediately
advise the sender and delete it. Sopra Steria may monitor the content of
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the Council?s policies and procedures. Emails are susceptible to
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Welwyn Hatfield Council and Steria shall not be liable for any
modification to a message, or for messages falsely sent.

The full Welwyn Hatfield Borough Council email disclaimer can be viewed at
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3. mailto:[email address]

Ian Colyer, Welwyn Hatfield Borough Council

Dear  Mr Davis,

 

I write in respect of your request for information of 29^th December 2017
to seek clarification of your request.

 

The request has been to our Planning and Environmental Health and
Protection sections and they have requested clarification of the Control
of Pollution Act 1990 as this legislation does not exist. Can you
therefore explain to what legislation you are referring?

Thank you

 

Ian Colyer

Freedom of Information Officer

Welwyn Hatfield Borough Council

Telephone: 01707 357413

Email: [1][email address]

[2]www.welhat.gov.uk

 

 

Please consider the environment before printing this email.

You can report missed bins, abandoned vehicles, fly-tipping, litter,
graffiti and flyposting as well as tell us about problems with litter and
dog bins Online. The information in this email is intended for the named
recipients only. It may be subject to public disclosure under the Freedom
of Information Act 2000. Unless the information is legally exempt from
disclosure, the confidentiality of this email and your reply cannot be
guaranteed. This email and any attachments may contain confidential
information and intellectual property (including copyright material). It
is only for the use of the addressee(s) in accordance with any
instructions contained within it. Please treat any personal and
sensitivity data that may be contained within this email in accordance
with the requirements of the Data Protection Act 1998 (the Act). Such data
should only be processed and retained where there is a legitimate need to
do so. Should you have a legitimate need to share this information please
make the recipient aware of their responsibilities for handling this data
in accordance with the Act. If you are not the addressee, you are
prohibited from copying, forwarding, disclosing, saving or otherwise using
it in any way. If you receive this email in error, please immediately
advise the sender and delete it. Sopra Steria may monitor the content of
emails within Welwyn Hatfield Council?s network to ensure compliance with
the Council?s policies and procedures. Emails are susceptible to
alteration and their integrity (including origin) cannot be assured.
Welwyn Hatfield Council and Steria shall not be liable for any
modification to a message, or for messages falsely sent.

The full Welwyn Hatfield Borough Council email disclaimer can be viewed at
www.welhat.gov.uk/emaildisclaimer.

    

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2. http://www.welhat.gov.uk/

Dear Ian Colyer,

Our apologies for the error, the request was in fact meant to state the "Environmental Protection Act 1990" and not the Control of Pollution Act, which was a 1974 act according to the government's website. We are referring to the Environmental Protection Act in this instance.

Yours sincerely,

Will Davis

Dear Ian Colyer,

I am sending my previous message to you again, as the FOI CMS I'm using indicates that you are still awaiting a reply. This indication may be erroneous but I just wanted to err on the side of caution.

My previous message:

Our apologies for the error, the request was in fact meant to state the "Environmental Protection Act 1990" and not the Control of Pollution Act, which was a 1974 act according to the government's website. We are referring to the Environmental Protection Act in this instance.

Yours sincerely,

Will Davis.

Ian Colyer, Welwyn Hatfield Borough Council

3 Attachments

Classification: Unrestricted

Dear Mr Davis,

 

Thank you for your request for information received on 30^th December
2018.  Please see the response below.

 

On behalf of the Welwyn Garden City Society I would like Welwyn Hatfield
Borough Council to please confirm what steps it has taken since
responsibility was passed to it under Control of Pollution Act 1990 (the
“Act”) to satisfy itself under Part 2 of the Act that the site now
referred to as Birchall Garden Suburb (the “site”) was a site free of
contaminants that might cause harm to human health or to waters that could
be affected from any pollution from that location?

 

First we understand the request is referring to “Environmental Protection
Act 1990 (the “Act”) rather than the Control of Pollution Act 1990 (which
does not exist).  It is on the assumption of this that we provide the
answers.

 

In particular, we would like to know, in relation to the Act, the
following:

 

1.       The dates of any visits (if any) to the site that Council
officers have made; and

 

14.07.05 Site visit by EH officers

4.08.17 Site visit by T Croot with Welwyn Garden City Society

8.9.17    Site visit by T Croot with Tarmac

 

2.       What actions (if any) the Council has taken as a result of their
visits; and

 

In respect to WHBC’s Part 2A activities.

 

WHBC published its Statutory Contaminated Land Strategy Framework Document
in 2001. The strategic framework document incorporates those elements
described in Defra’s Circular 01/2006 Annex 3.  This strategy has since
been updated in 2013 to reflect the latest guidance documents.

 

WHBC has undertaken a preliminary assessment of risk. In respect to Cole
Green land fill sites the following has been undertaken:

 

Site Grid Previous Current In Further Detailed PC
Ref Date Ref Address Use Use Insp Info Insp Status class Contaminants Receptors Pathways Score
2698 Cole Heap
C86 1925 1103 Green Unknown Landfill N Ongoing 3 5 10 5 20
2684 Cole
C87 1925 1153 Green Quarry Landfill N Ongoing 3 5 10 5 20
2675 Cole
E75 1960 1137 Green Quarry Landfill Y Req Refer Stage 2 0

 

The detailed investigation of contaminated land is invariably a very time
consuming and expensive process. The local authority is only in a position
to undertake a complete stage 2 risk assessment once sufficient evidence
has been collated of the potential significant risks.  

 

In 2005 WHBC asked the owners of the site to start submitting data on the
monitoring of leachate and gas production from the site. This is the
current status/stage of the site.

The guidance does states that land can be remediated via the planning
regime and this is the approach that has been adopted with this site.  

 

3.       What remedial action (if any) it has stipulated should be
undertaken; and

 

None as this stage has not yet been reached.

 

4.       Where remedial action has been required by the council, what
action (if any) has been taken to ensure it has been undertaken; and

 

See above.

 

5.       What enforcement action (if any) it has taken if that remedial
action has not taken place; and

 

See above.

 

6.       Any other matters pertaining to the Council’s obligations under
Part 2 of the Act.

 

Statutory Contaminated Land Strategy Framework Document in 2001 (updated
in 2013) has been undertaken and is attached.

 

7.      Please include in your response any documentation that the Council
itself has produced in relation to the above points 1-6.

 

EHO report

 

 

I hope this satisfies your request but if you have any queries or concerns
then please contact Ian Colyer, Freedom of Information Officer, Welwyn
Hatfield Council, Council Offices, The Campus, Welwyn Garden City,
Hertfordshire AL8 6LA, Telephone: 01707 357413,
Email:[Welwyn Hatfield Borough Council request email]. I attach a copy of the Freedom of Information
complaint procedure.

 

Further information is also available from the Information Commissioner
at:

 

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire SK9 5AF

Telephone: 01625 545 700

[1]www.informationcommissioner.gov.uk

 

Yours sincerely

 

 

 

Ian Colyer

Freedom of Information Officer

Welwyn Hatfield Borough Council

Telephone: 01707 357413

Email: [2][email address]

[3]www.welhat.gov.uk

 

 

 

 

 

Please consider the environment before printing this email.

You can report missed bins, abandoned vehicles, fly-tipping, litter,
graffiti and flyposting as well as tell us about problems with litter and
dog bins Online. The information in this email is intended for the named
recipients only. It may be subject to public disclosure under the Freedom
of Information Act 2000. Unless the information is legally exempt from
disclosure, the confidentiality of this email and your reply cannot be
guaranteed. This email and any attachments may contain confidential
information and intellectual property (including copyright material). It
is only for the use of the addressee(s) in accordance with any
instructions contained within it. Please treat any personal and
sensitivity data that may be contained within this email in accordance
with the requirements of the Data Protection Act 1998 (the Act). Such data
should only be processed and retained where there is a legitimate need to
do so. Should you have a legitimate need to share this information please
make the recipient aware of their responsibilities for handling this data
in accordance with the Act. If you are not the addressee, you are
prohibited from copying, forwarding, disclosing, saving or otherwise using
it in any way. If you receive this email in error, please immediately
advise the sender and delete it. Sopra Steria may monitor the content of
emails within Welwyn Hatfield Council?s network to ensure compliance with
the Council?s policies and procedures. Emails are susceptible to
alteration and their integrity (including origin) cannot be assured.
Welwyn Hatfield Council and Steria shall not be liable for any
modification to a message, or for messages falsely sent.

The full Welwyn Hatfield Borough Council email disclaimer can be viewed at
www.welhat.gov.uk/emaildisclaimer.

    

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2. mailto:[email address]
3. http://www.welhat.gov.uk/

Dear Ian Colyer,

Thank you for the response to the FOI request I submitted on behalf of the WGC Society. The information supplied was helpful. However, the report supplied from WH Environmental Health as part of the response referenced several appendices that contained further recent additional information on this matter. Particularly appendix 9 described as: " Peer review by third party consultant, [of contaminated reports submitted on behalf of Tarmac], Land Quality Management (LQM) ) (Draft) dated 11 October 2017". This has never been put into the public domain or placed in the Planning Inspector's Evidence online evidence base pertaining to his Local Plan hearings and evaluation, as far as we are aware.

Appendices 3,4,5,6,7,8 also appear to be appropriately relevant to our initial FOI request.

I hope that these documents can now be made available, as these apply to point 7 of our original request. I am not requesting an Internal Review at this point, on the basis that these additional documents will be made available.

Yours sincerely,

Will Davis

Dear Ian Colyer,

I have not had any response to my follow up email on the 12th February. Please would you acknowledge receipt this email, and please would you let me know whether you will able to fulfill my request for the appendices documents requested. If that is not possible we will be happy to submit a new FOI request seeking release of the LQM report and other appendices, as referenced in in the document that was released by WHBC in response to this FOI request.

Yours sincerely,

Will Davis

Ian Colyer, Welwyn Hatfield Borough Council

I am out of the office from Monday 5th March 2018 returning to work on Tuesday 3rd April 2018. If you would like to leave me a message, I will get back to you upon my return to work.

If your email is in connection with a Freedom of Information request please email [Welwyn Hatfield Borough Council request email] and a colleague will acknowledge your request.

Thank You

Ian Colyer, Principal Governance Officer & Freedom of Information Officer, Welwyn Hatfield Borough Council

Dear Welwyn Hatfield Borough Council,

Please would you please confirm that my request is being processed by another member of staff while Mr Colyer is on leave?

Presumably the FOI officer role would be covered by another staff member in order for you to meet the 20 day response time requirement for new FOI requests. I will email WHBC's main contact email address with this same message.

Yours faithfully,

Will Davis

Dear Welwyn Hatfield Borough Council,

I received a response on 28th March stating the requested documents would be available "next week". However, I still haven't received them as part of this FOI request. I am aware that they were recently placed on the Planning Inspector's evidence base for the Local Plan examination, although WHBC didn't notify me of this.

I request that these documents are now made available to me via the FOI process and this request. In the same way that the original response documents were made available in response to this request. I think it's important that this happens in order to complete this request as per the process, separate to whatever is provided to the Planning Inspector.

I look forward to your response.

Yours faithfully,

Will Davis.

Ian Colyer, Welwyn Hatfield Borough Council

Classification: Unrestricted

Dear Mr Davis,

 

Further to your recent request for information and your further emails on
this request, I can now confirm that the requested document can be viewed
on the Council website at the following link:

 

[1]http://welhat.gov.uk/CHttpHandler.ashx?i...

 

Ian Colyer,

Freedom of Information Officer,

Welwyn Hatfield Borough Council,

E: [2][email address]

T: 01707 357413

 

 

 

Please consider the environment before printing this email.

You can report missed bins, abandoned vehicles, fly-tipping, litter,
graffiti and flyposting as well as tell us about problems with litter and
dog bins Online. The information in this email is intended for the named
recipients only. It may be subject to public disclosure under the Freedom
of Information Act 2000. Unless the information is legally exempt from
disclosure, the confidentiality of this email and your reply cannot be
guaranteed. This email and any attachments may contain confidential
information and intellectual property (including copyright material). It
is only for the use of the addressee(s) in accordance with any
instructions contained within it. Please treat any personal and
sensitivity data that may be contained within this email in accordance
with the requirements of the Data Protection Act 1998 (the Act). Such data
should only be processed and retained where there is a legitimate need to
do so. Should you have a legitimate need to share this information please
make the recipient aware of their responsibilities for handling this data
in accordance with the Act. If you are not the addressee, you are
prohibited from copying, forwarding, disclosing, saving or otherwise using
it in any way. If you receive this email in error, please immediately
advise the sender and delete it. Sopra Steria may monitor the content of
emails within Welwyn Hatfield Council?s network to ensure compliance with
the Council?s policies and procedures. Emails are susceptible to
alteration and their integrity (including origin) cannot be assured.
Welwyn Hatfield Council and Steria shall not be liable for any
modification to a message, or for messages falsely sent.

The full Welwyn Hatfield Borough Council email disclaimer can be viewed at
www.welhat.gov.uk/emaildisclaimer.

Welwyn Hatfield Borough Council is committed to protecting your privacy
when you use our services. The Privacy Notice below explains how we use
information about you and how we protect your privacy.
http://www.welhat.gov.uk/article/884/Dat...

    

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2. mailto:[email address]

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