Agenda Document Pack - Environment and Climate Change Committee - 05/02/2025
North Lanarkshire Council · 5 February 2025
Back to Environment and Climate Change Committee — 5 February 2025 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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27 January 2025 Members of the Environment and Climate Change Committee Chief Executive’s Office Archie Aitken Chief Officer (Legal & Democratic) Civic Centre, Windmillhill Street, Motherwell ML1 1AB www.northlanarkshire.gov.uk Notice is given that a Meeting of the Environment and Climate Change Committee is to be held in the Council Chamber, Civic Centre, Windmillhill Street, Motherwell, ML1 1AB on Wednesday, 05 February 2025 at 14:00 PM which you are requested to attend. The agenda of business is attached. Archie Aitken Chief Officer (Legal & Democratic) Members : Clerk Name: Karen Swan Clerk Telephone: 07919 730272 Clerk Email: committee@northlan.gov.uk H Loughran, J McPhilemy, T Carragher, P Di Mascio, K Duffy, A Duffy-Lawson, F Fotheringham, W Goldie, K Harmon, J Leckie, F MacGregor, A Masterton, M McBride, B McCulloch, M McCulloch, F McKay, C McManus, L Nolan, J Reddin, L Roarty, G Robinson, A Smith, A Thomas, C Williams, N Wilson. Page 1 of 102
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Agenda 1 Declarations of Interest In Terms of the Ethical Standards In Public Life Etc. (Scotland) Act 2000 2 Trading Standards - Doorstep Crime and Related Scams - Enforcement and Prevention Work Submit report by Chief Officer (Community Operations) highlighting the ongoing commitment of the Council's Trading Standards service to protecting vulnerable residents from doorstep crime. 5 - 16 3 Garden Waste Permit Scheme Submit report by Chief Officer (Community Operations) providing an update on the operation of the Garden Waste Permit Scheme as approved by Committee on 30 October 2024. 17 - 40 4 Public Sector Duties Climate Change Report 2023- 2024 Submit report by Chief Officer (Assets and Procurement) providing a summary of the Public Sector Report on Compliance with Climate Change Duties; progressing and retaining the budget and targets of the Climate Plan ACT 2030 and advising that the Climate Plan will be replaced by a Net Zero Pathway. 41 - 58 5 Review of Strategy for the Inspection of Contaminated Land 2025-2030 Submit report by Chief Officer (Community Operations) seeking approval of the Council’s Environment Pathway. 59 - 90 Contracts 6 Contract Award for Supply and Delivery of Liquid Fuels Submit report by Chief Officer (Community Operations) seeking approval for the award of a contract extension for the Supply and Delivery of Liquid Fuels (the ‘Agreement’) to Highland Fuels Limited and Certas Energy Limited t/a Scottish Fuels. 91 - 98 Page 3 of 102
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7 Contracts Awarded Below Committee Approval Threshold Submit report by Chief Officer (Assets and Procurement) notifying of the Contracts Awarded since the last meeting of the Committee with a value below the financial threshold requiring approval. 99 - 102 Page 4 of 102
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North Lanarkshire Council Report Environment and Climate Change Committee Does this report require to be approved? ☐ Yes ☒ No Ref PM/MM/02 Date 05/02/25 Trading Standards – doorstep crime and related scams – enforcement and prevention work From Lyall Rennie, Chief Officer (Community Operations) E-mail RennieLy@northlan.gov.uk Telephone 07855 193500 1. Background 1.1 Trading Standards, in collaboration with Police Scotland, aims to proactively safeguard residents from doorstep crime incidents. Doorstep crime disproportionately affects vulnerable individuals due to factors such as age, infirmity, illness, disability, poverty or Executive Summary This report highlights the ongoing commitment of the Council’s Trading Standards service to protecting vulnerable residents from doorstep crime. This is achieved through a combination of proactive measures, enforcement actions, and community engagement. These efforts aim to safeguard the overall health and wellbeing of our community. The report details various activities undertaken, often in collaboration with external enforcement partners, to ensure the Council fulfils its statutory consumer protection duties related to doorstep crime and scams. The success of these initiatives is evaluated using outcome-based models and reports, ensuring continuous improvement and adaptation to emerging threats. Recommendations It is recommended that Environment and Climate Change Committee: (1) Supports the Trading Standards preventative doorstep crime and scam initiatives; and (2) Endorses the work plan to increase the availability of call blocking technology available to those potentially vulnerable to scam telephone calls. The Plan for North Lanarkshire Priority Improve the health and wellbeing of our communities Ambition statement (14) Ensure the highest standards of public protection Programme of Work All Programmes of Work Item 2 Page 5 of 102
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bereavement. Criminals exploit these vulnerabilities by cold-calling and coercing victims into agreeing to unnecessary property repairs or maintenance work. 1.2 Nearly a decade ago, our Trading Standards service began working closely with Police Scotland colleagues to take robust enforcement action against organised crime groups involved in doorstep crime. We embedded a member of staff within a Police office, in the first initiative of its kind in Scotland: Collaboration - TS Today (cpl.co.uk) 1.3 Following the conclusion of Operation Doric, we have continued to collaborate with the Police to report criminal offences to the Crown and develop new preventative approaches to stop crimes before consumers become victims. 1.4 In many of the recorded doorstep crime incidents, large cash deposits have been taken by criminals for work which may be fraudulently deemed necessary, for the completion of sub-standard work, and even for works which are never undertaken. Doorstep criminals pressurise vulnerable consumers and exploit them for financial gain. They often persuade victims to withdraw cash from bank or building society accounts whilst they wait nearby to collect. 1.5 Elderly victims face severe consequences from doorstep crime. Research indicates a direct cost to Local Authorities, as victims often lose their confidence and independence, suffer from depression, and require intervention. This may include providing sheltered accommodation and Social Services support. Studies show that older victims experience faster health declines compared to non-victims of a similar age and are 2.4 times more likely to be in residential care within two years of being targeted. 1.6 The UK government’s “Fraud Strategy: Stopping Scams and Protecting the Public” emphasises the need to empower citizens against scams. Of particular concern in this strategy document, published in 2023, is the statement that fraud now accounts for 40% of all crimes, making this issue critical. https://www.gov.uk/government/publications/fraud-strategy/fraud-strategy-stopping- scams-and-protecting-the-public 1.7 The Scottish Government’s ‘Scams prevention, awareness and enforcement strategy: 2021 to 2024’ Scams prevention, awareness and enforcement strategy: 2021 to 2024 - gov.scot (www.gov.scot) states that “scamming is a criminal offence” and that we must tackle scams in the same way that we do any other type of criminal activity, through enforcement, public education, resilience building and stakeholder coordination. The Plan for North Lanarkshire aims to improve the health and wellbeing of our communities through the highest level of public protection and by improving preventative approaches and supports at home. 1.8 Trading Standard have developed several proactive measures to better protect vulnerable residents, working in partnership with Police Scotland including: • The introduction of designated No Cold Calling Zones (NCCZs) • Provision of telephone call blocking technology to prevent scam and nuisance calls; • Provision of video doorbells; • Joint roaming patrols with Police Scotland across the area with a focus on doorstep crime hotspots; • Shut out Scammers campaign; Page 6 of 102
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• Awareness raising visits to supermarkets, post offices and town centres to raise awareness amongst staff of common scams (following visits in previous years to banks and building societies); and • Responding to National Trading Standards scam referrals. 2. Report 2.1 Trading Standards have worked in partnership with Police Scotland for several years on reactive doorstep crime initiatives. Intelligence suggests that active crime groups have in the main moved out of North Lanarkshire, and this is thought to be as a direct result of the proactive and collaborative approach we have taken to doorstep crime in recent years. 2.2 Two joint investigations dating back to 2018-2019 resulted in 4 prolific doorstep crime offenders being found guilty of fraud and Trading Standards offences at the Sheriff Court in April 2024. The perpetrators failed to carry out works, falsely claimed Council grants were available for roofing works / free boilers and signed victims up to loans for thousands of pounds. All 4 offenders received substantial custodial sentences of between 18 and 36 months. Two cowboy builders jailed after string of frauds that included swindling one man out of £56k - Daily Record and Conmen jailed after Lanarkshire householders lose thousands of pounds in heating scam - Daily Record 2.3 A joint report to the Crown Office & Procurator Fiscal Service has been submitted against a problem trader for both common law fraud and consumer protection from unfair trading offences. The consumer detriment is in excess of £91,000. In addition, the service is pursuing a civil Enforcement Order against the subject, to prohibit any future repeat behaviour. 2.4 On 8 August 2024, at Airdrie Sheriff Court, an Order was granted prohibiting a Cumbernauld car company and its Director from engaging in several unlawful trading practices. This action followed a significant number of complaints regarding the sale of unroadworthy vehicles, misleading statements in respect of vehicles, and refusal to provide consumers with their statutory right to redress when vehicle faults were identified. An Interim Enforcement Order had been obtained from the Sheriff Court in October 2023. The Enforcement Order places conditions on the business and its Director. The service will monitor compliance and pursue any breaches of the Order. Trading Standards take action against car dealer | North Lanarkshire Council 2.5 At the time of preparing this report, 40 areas across North Lanarkshire have been designated “No Cold Calling Zones” in Shotts, Cleland, Wishaw, Motherwell, New Stevenston, Newarthill, Uddingston, Bellshill, Salsburgh, Chapelhall, Airdrie, Cumbernauld, Coatbridge, Kilsyth and Moodiesburn. The zones include 33 out of 34 Retirement Housing Complexes run by North Lanarkshire Council and 7 out of 9 Bield Housing & Care run premises https://www.bield.co.uk/about-us/. 2.6 The zones have been identified as suitable for intensive intervention and joint patrols by Trading Standards and Police officers. The initiative is designed to allow residents to feel safer in their homes and help prevent doorstep crime. The zones follow requests and consultation with residents in areas considered to be doorstep crime hot spots Page 7 of 102
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and/or with a high number of elderly residents. Residents in the NCCZs have received information on scam prevention and nuisance and scam telephone call blocking technology. 2.7 Scam telephone calls pose a significant threat to residents. Bogus callers impersonate a wide range of individuals and organisations including Council staff, charity collectors, meter readers, and financial institutions. Their goal is to obtain sensitive data, money, or other valuable assets. We work in partnership with trueCall to provide specialised call blocking technology designed for older and vulnerable individuals. The service has seen an increase in demand for call blockers with 50 new requests for units in the last 12 months. 2.8 North Lanarkshire Trading Standards has installed 158 trueCall call blocking units over the past 10 years, with 43 units installed in 2024 alone. These units aim to protect vulnerable residents from nuisance and scam phone calls. According to trueCall’s data, the project is estimated to have prevented 323 scams over its lifetime, resulting in a benefit of £1,838,869 to both individuals and the public purse. 2.9 The call blocking units collect data on blocked calls, which is useful for law enforcement. It contributes to identifying patterns and trends in fraudulent calls. Units fitted identified that residents in the area receive 29 nuisance calls per month compared to the UK average of 9 per month. Additionally, 34% of incoming calls received by the units (and blocked) are nuisance and scam calls. 2.10 A survey of those residents recently provided with a scam and nuisance call blocking unit highlights a significant improvement in their sense of security and peace of mind. Many users expressed relief from the anxiety and worry caused by scam and nuisance calls. They appreciate the system's effectiveness in blocking unwanted calls, allowing them to answer the phone without fear. The service has made their lives more relaxed and comfortable. Overall, users are very pleased with the service, noting that it has made their daily lives easier and more peaceful. The compelling feedback can be viewed in appendix A. 2.11 Trading Standards team members monitor the call blocking devices to identify any unusual activity. A review of a recent referral from the family of a resident with Alzheimer’s revealed that within the first three days of installation, the device successfully blocked 47 scam and nuisance calls. These calls originated from various phone numbers known for selling domestic appliance insurance, personal alarms, and healthcare services, as well as conducting surveys. 2.12 Video doorbells are provided by Trading Standards in very limited circumstances to vulnerable victims of doorstep crime where the provision is deemed likely to reduce the likelihood of reoccurrence. Funding for video doorbells was provided through the Community Partnership Team, Local Development Programme, Partnership Funding and the National Trading Standards team. 2.13 A complaint was received from the family of a vulnerable resident who received a cold call at their front door, to have their roof washed and sealed. The perpetrator had the consumer sign a waiver to have the work started right away. The resident in question had Alzheimer’s and was terminally ill. The trader was known to our service and had a previous criminal conviction for fraud. A same-day joint visit was made by Trading Page 8 of 102
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Standards and Police colleagues. The trader drove into the street but quickly left when they became aware of our presence at the locus. The family was supplied with a video doorbell to offer protection, and the Police agreed the household would receive an immediate response to any related 999 call and to carry out extra patrols in the area. 2.14 It was recognised that greater awareness was needed to alert members of the public to the most common scams. As part of the ‘Shut out Scammers’ campaign, Trading Standards staff attended town centre locations with Police Scotland. During the campaign, members of the public registered with the mailing preference service and telephone preference service and were offered trueCall telephone call blocking devices where this was identified as being of potential benefit. 2.15 A high number of gift voucher scams have been reported in the area. The scams have involved cold callers claiming to be from the Police, Local Authority, Driver and Vehicle Standards Agency or HMRC, claiming their intended victim must pay a fine or tax. They instruct the member of the public receiving these calls to purchase gift cards and pass over the unique code as means of payment. Visits were made by the Police and Trading Standards to supermarkets and town centres to carry out an input to tellers, asking that they alert consumers to the fraud when buying a high value quantity of gift cards. 2.16 The National Trading Standards team make referrals to local authority Trading Standards services from mailing scams they are investigating or mail that they have intercepted. Some referrals include the return of cheques the consumer has sent when they have been duped. A visit is made to the consumer to return the cheque and provide scam prevention information, assessing if the consumer would benefit from further interventions. The service has received 20 scam referrals in this year. 3. Measures of success 3.1 No Cold Calling Zones will continue to be rolled out to doorstep crime hot spots and areas where evidence supports their introduction. 3.2 We have introduced an outcome based model for service response to complaints and interventions. The model details: • the number and value of outcomes that prevent financial detriment, • ensure legitimate businesses are not disadvantaged through unfair competition, • bring business into compliance with applicable legislation, • safeguard the health and wellbeing of consumers, • prevent inappropriate access to restricted products, and • reduce consumer exposure to unsafe products. The outcome data in respect of preventing financial detriment and safeguarding the health and wellbeing of consumers will assist the service in monitoring the impact of our proactive measures. 3.3 TrueCall offers a report detailing the number of units installed, the number of nuisance calls prevented and an indicative figure of the reduced public service costs as a result of the scam and nuisance telephone calls blocked. The report details the top 10 nuisance and scam callers to residents in the area, providing valuable data for enforcement purposes and targeted publicity campaigns. 3.4 In January 2024, it was identified that Trading Standards had fitted 35 trueCall units per 100,000 North Lanarkshire population. The Scottish average is 105 units per Page 9 of 102
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100,000 population. Increasing the availability of call blocking technology to potentially vulnerable residents was identified as a key priority for the service, and we will continue to deploy units as vulnerable residents are identified. 3.5 In August 2024, the service was awarded funding from the Community Partnership Team, Local Development Programme, Partnership Funding to purchase 40 call blocking units and 3 video doorbells. The service sourced an additional 50 units from the Society of Chief Trading Standards Officers and Trading Standards Scotland. 3.6 In the first 11 months of 2024, our service has fitted 43 call blocking units providing additional protection to residents vulnerable to scams. Appendix C illustrates that as of October 2024, the new units had blocked 2,446 calls and were estimated to have prevented 4 scams. Over the lifetime of the units, it is estimated that they will block 33,730 nuisance calls, of which 9,238 will have been scam calls. This is calculated to lead to a reduction of £149,456 in NHS, social care and Police costs. 3.7 A trueCall unit and associated information has been placed in the Tech flat (Housing and Social Work’s Assistive Technology Team) which has generated further requests for the provision of this call blocking technology to residents. 3.8 Information on scams, no cold calling stickers and the availability of call blocking technology has been sent to 44 Sheltered Housing Complexes. 4. Supporting documentation 4.1. Appendix A - trueCall, call blocking technology survey response returns 4.2 Appendix B - table showing number of trueCall units fitted per 100,000 population 4.3 Appendix C - infographic detailing the impact of the 40 units fitted between January and October 2024. Lyall Rennie Chief Officer (Community Operations) Page 10 of 102
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5. Impacts 5.1 Public Sector Equality Duty and Fairer Scotland Duty Does the report contain information that has an impact as a result of the Public Sector Equality Duty and/or Fairer Scotland Duty? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? If Yes, has an assessment been carried out and published on the council’s website? https://www.northlanarkshire.gov.uk/your-community/equalities/equality- and-fairer-scotland-duty-impact-assessments Yes ☐ No ☐ 5.2 Financial impact Does the report contain any financial impacts? Yes ☐ No ☒ If Yes, have all relevant financial impacts been discussed and agreed with Finance? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.3 HR policy impact Does the report contain any HR policy or procedure impacts? Yes ☐ No ☒ If Yes, have all relevant HR impacts been discussed and agreed with People Resources? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.4 Legal impact Does the report contain any legal impacts (such as general legal matters, statutory considerations (including employment law considerations), or new legislation)? Yes ☐ No ☒ If Yes, have all relevant legal impacts been discussed and agreed with Legal and Democratic? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.5 Data protection impact Does the report / project / practice contain or involve the processing of personal data? Yes ☐ No ☒ If Yes, is the processing of this personal data likely to result in a high risk to the data subject? Yes ☐ No ☐ If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e- mailed to dataprotection@northlan.gov.uk Yes ☐ No ☐ 5.6 Technology / Digital impact Does the report contain information that has an impact on either technology, digital transformation, service redesign / business change processes, data management, or connectivity / broadband / Wi-Fi? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? Page 11 of 102
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Where the impact identifies a requirement for significant technology change, has an assessment been carried out (or is scheduled to be carried out) by the Enterprise Architecture Governance Group (EAGG)? Yes ☐ No ☐ 5.7 Environmental / Carbon impact Does the report / project / practice contain information that has an impact on any environmental or carbon matters? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.8 Communications impact Does the report contain any information that has an impact on the council’s communications activities? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.9 Risk impact Is there a risk impact? Yes ☐ No ☒ If Yes, please provide a brief summary of the key risks and potential impacts, highlighting where the risk(s) are assessed and recorded (e.g. Corporate or Service or Project Risk Registers), and how they are managed? 5.10 Armed Forces Covenant Duty Does the report require to take due regard of the Armed Forces Covenant Duty (i.e. does it relate to healthcare, housing, or education services for in-Service or ex- Service personnel, or their families, or widow(er)s)? Yes ☐ No ☒ If Yes, please provide a brief summary of the provision which has been made to ensure there has been appropriate consideration of the particular needs of the Armed Forces community to make sure that they do not face disadvantage compared to other citizens in the provision of public services. 5.11 Children’s rights and wellbeing impact Does the report contain any information regarding any council activity, service delivery, policy, or plan that has an impact on children and young people up to the age of 18, or on a specific group of these? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact and the provision that has been made to ensure there has been appropriate consideration of the relevant Articles from the United Nations Convention on the Rights of the Child (UNCRC). If Yes, has a Children’s Rights and Wellbeing Impact Assessment (CRWIA) been carried out? Yes ☐ No ☐ Page 12 of 102
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Appendix A Telephone call blocker survey results received from residents who have received a call blocker in 2024. What impact has the call blocker had on your day to day life? “I feel a lot safer, and don’t have to worry about scammers.” “Don’t worry now when phone rings” “Causes me less worry and anxiety when I hear the phone ring as I know it won’t be a cold call or scammer.” “Peace of mind. Absolutely terrific” “I have peace of mind” “Made life more relaxed and comfortable. So grateful to the two ladies who installed the system… First class” “As the moment no calls are getting through. The hall phone rings once but doesn’t go any further and the answer machine has been very quiet. This sits in the background, iv had no issues.” “I am very pleased with the service, life is easier with the blocker.” “Gives me peace of mind that scammers won’t get through” “Its bliss I never get a nuisance call now” “The fact that it blocks these calls you can answer the phone knowing it’s a friend or family and you don’t get these calls that call you before 9am.” “PEACE OF MIND knowing I will get peace from nuisance calls at all times of the day. Since I had the blocker I have had no bother with unwanted calls” “I now answer phone calls” Page 13 of 102
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Appendix B The table below shows as of January 2024, NLC had fitted 35 Truecall units per 100,000 population. We seek to increase this number in 2024/25 and beyond to proactively protect North Lanarkshire residents. Page 14 of 102
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Appendix C - infographic detailing the impact of the 40 units fitted between January and October 2024. Page 15 of 102
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Garden Waste Permit Scheme North Lanarkshire Council Report Does this report require to be approved? ☐ Yes ☒ No Ref LR Date 05/02/25 From Lyall Rennie, Chief Officer (Community Operations) E-mail renniely@northlan.gov.uk Telephone 07855 193500 Executive Summary The purpose of this report is to provide Members with a detailed report on the operation of the Garden Waste Permit Scheme as recommended in the report approved by committee on 30 October 2024. Recommendations It is recommended that the Environment and Climate Change Committee: (1) Acknowledge the content of this report. The Plan for North Lanarkshire Priority Improve the health and wellbeing of our communities Ambition statement (17) Ensure we keep our environment clean, safe, and attractive Programme of Work Sustainable Futures 1. Background 1.1 In October 2024 the Environment and Climate Change Committee approved the proposal to introduce a charge of £40 per annum for the uplift of garden waste and agreed that a further detailed report be prepared and submitted prior to the introduction of the scheme. 1.2 As previously noted, the Council introduced a combined food and garden kerbside waste collection service as part of the introduction of the three-weekly collection cycle complying with the Waste (Scotland) Regulations 2012, which placed a statutory obligation on local authorities in Scotland to provide householders with a separate food waste collection service. Therefore, residents will continue to receive a food waste only collection free of charge. 1.3 Approximately 110,000 households currently participate in the brown bin collection for co-mingled food and garden waste. Environment and Climate Change Committee Item 3 Page 17 of 102
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2. Report National Position 2.1 As councils across the country seek to address budgetary pressures, charging for garden waste collections has become increasingly common. Of the 26 councils that provide a garden waste collection service, 22 operate a chargeable garden waste permit scheme. This leaves North Lanarkshire as one of only four councils still offering a free garden waste collection serviceservice. Introduction of Scheme 2.2 The introduction of a garden waste permit scheme will generate income for the Council and recover some of the costs associated with providing the non-statutory service. 2.3 Residents who wish to participate in the scheme are required to purchase a permit for each bin containing garden waste. Should any resident have more than one bin, then a separate permit would be required for each bin. It should be noted that residents who use the bin solely for depositing food waste do not require a permit as food waste would still be collected free of charge as a statutory collection. 2.4 The cost of the permit is £40 per annum and will allow a resident to present one brown bin containing garden waste on each scheduled collection day until the end of that year. The brown bin is collected on a fortnightly basis with the exception of the Christmas and New Year period when the collection is suspended. This is to allow Waste Resources to prioritise the collection of residual and recyclable waste as tonnages of these waste streams increase over this period, while garden waste tonnages are at their lowest. The scheme will run 1 June to 31 May each year. 2.5 The new service will commence on 1 June 2025. Residents will be able to purchase their permits from 1 April 2025 and to provide residents with a sufficient period in which to purchase the permit and adapt to the new collection scheme, all brown bins will be collected as normal until 1 June 2025 when garden waste will only be collected from those bins displaying the correct permit. Consultation 2.6 Waste Resources have engaged with the council’s Business and Digital team and development work is underway on the Council’s Customer Relationship Management (CRM) system, to enable residents to order and pay for permits online. It should be noted that North Lanarkshire Council housing tenants who are included in the garden waste collection service will receive a permit automatically each year in the post, removing the requirement to apply for the permit as the costs for the uplift of the garden waste will be incorporated within the rental costs for the properties. 2.7 Discussions have also taken place with the Customer Service Hub and Housing Management Services to advise them of the service change and agree processes for the operation of the scheme. 2.8 Waste Resources will undertake community engagement to ensure residents are aware of the new charge as well as the alternatives if they do not wish to participate in Page 18 of 102
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the service. These include continued use of the Council’s 6 Household Waste Recycling Centres (HWRC) to dispose of garden waste for free as well as the promotion of home composting. Information on home composting is available on the Council’s website which also signposts to guidance and toolkits from Zero Waste Scotland. 2.9 As part of the communications strategy, several documents have been developed including Frequently Asked Questions, Terms and Conditions and summary document for residents “Your Household Waste and Recycling Service” which applies to all waste streams. A copy of these documents are attached as Appendices 1 to 3. Project Support 2.10 A Project Team has been established to manage the design, implementation and roll out of the service and will be responsible for liaising with public, issuing communications and dealing with any queries. Two temporary posts will also be created to provide additional support which will limit the impact the project may have on the Council’s Customer Service Hub staff. Financial Impact 2.11 Based on an annual charge of £40 per annum, delivery of this permit scheme will generate an overall net annual income to the Council of approximately £1.5m following removal of the administration costs. Of this income, around £0.720m will be generated from the Council’s Housing Revenue Account as the costs for the uplift of the garden waste will be incorporated within the rental costs for the properties. The overall saving figure also assumes a 30% uptake across all non-Council properties receiving the current service and is net of the potential additional residual waste costs which may be experienced if residents deposit garden waste within the residual black bin or at recycling centres. Recycling Impact 2.12 The collection of garden waste accounts for around 15% of the Council’s current recycling rate of 46.6%, with approximately 22,000 tonnes collected each year from kerbside and recycling centres. The introduction of the charging scheme could potentially have a negative impact on recycling rates depending on the level of uptake. It should be noted however, that evidence from other local authorities suggests that there is little or no impact upon recycling rates once implemented. It should be further noted that grass and green waste is a sustainable product, and it is therefore questionable as to why this is included in recycling statistics, as the focus should be on non-sustainable items. 3. Measures of success 3.1 Improvement in the efficiency of waste collection. 4. Supporting documentation 4.1 Appendix 1 – Frequently Asked Questions 4.2 Appendix 2 – Terms and Conditions 4.3 Appendix 3 – Your Household Waste and Recycling Service Page 19 of 102
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Lyall Rennie Chief Officer (Community Operations) 5. Impacts 5.1 Public Sector Equality Duty and Fairer Scotland Duty Does the report contain information that has an impact as a result of the Public Sector Equality Duty and/or Fairer Scotland Duty? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? If Yes, has an assessment been carried out and published on the council’s website? https://www.northlanarkshire.gov.uk/your-community/equalities/equality- and-fairer-scotland-duty-impact-assessments Yes ☐ No ☐ 5.2 Financial impact Does the report contain any financial impacts? Yes ☒ No ☐ If Yes, have all relevant financial impacts been discussed and agreed with Finance? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? There is an anticipated income generation from the introduction of this charge. The exact level will be dependent on the levels of uptake across the local authority area. 5.3 HR policy impact Does the report contain any HR policy or procedure impacts? Yes ☐ No ☒ If Yes, have all relevant HR impacts been discussed and agreed with People Resources? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.4 Legal impact Does the report contain any legal impacts (such as general legal matters, statutory considerations (including employment law considerations), or new legislation)? Yes ☐ No ☒ If Yes, have all relevant legal impacts been discussed and agreed with Legal and Democratic? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? Page 20 of 102
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5.5 Data protection impact Does the report / project / practice contain or involve the processing of personal data? Yes ☒ No ☐ If Yes, is the processing of this personal data likely to result in a high risk to the data subject? Yes ☐ No ☒ If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e- mailed to dataprotection@northlan.gov.uk Yes ☒ No ☐ 5.6 Technology / Digital impact Does the report contain information that has an impact on either technology, digital transformation, service redesign / business change processes, data management, or connectivity / broadband / Wi-Fi? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? Continued use of the councils CRM system to management the payment. Where the impact identifies a requirement for significant technology change, has an assessment been carried out (or is scheduled to be carried out) by the Enterprise Architecture Governance Group (EAGG)? Yes ☐ No ☒ 5.7 Environmental / Carbon impact Does the report / project / practice contain information that has an impact on any environmental or carbon matters? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? There is a potential for additional garden waste to be disposed of through the residual waste stream and an overall reduction in the Council’s recycling levels. 5.8 Communications impact Does the report contain any information that has an impact on the council’s communications activities? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? A communication campaign will be implemented to ensure all residents who have a food/garden waste bin are aware of the charge 5.9 Risk impact Is there a risk impact? Yes ☒ No ☐ If Yes, please provide a brief summary of the key risks and potential impacts, highlighting where the risk(s) are assessed and recorded (e.g. Corporate or Service or Project Risk Registers), and how they are managed? There is a risk the councils recycling rate could fall significantly. 5.10 Armed Forces Covenant Duty Does the report require to take due regard of the Armed Forces Covenant Duty (i.e. does it relate to healthcare, housing, or education services for in-Service or ex- Service personnel, or their families, or widow(er)s)? Yes ☐ No ☒ Page 21 of 102
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If Yes, please provide a brief summary of the provision which has been made to ensure there has been appropriate consideration of the particular needs of the Armed Forces community to make sure that they do not face disadvantage compared to other citizens in the provision of public services. 5.11 Children’s rights and wellbeing impact Does the report contain any information regarding any council activity, service delivery, policy, or plan that has an impact on children and young people up to the age of 18, or on a specific group of these? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact and the provision that has been made to ensure there has been appropriate consideration of the relevant Articles from the United Nations Convention on the Rights of the Child (UNCRC). If Yes, has a Children’s Rights and Wellbeing Impact Assessment (CRWIA) been carried out? Page 22 of 102
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Appendix 1 Read our garden waste permit FAQs. Why has the charge for garden waste been introduced? While there is a legal obligation for us to collect food waste, the same legal obligation doesn't apply to garden waste. Along with many other local authorities, we're facing significant budget challenges and to ensure key frontline services are protected, we've introduced this charge for residents who wish to continue to have their garden waste collected. The price for the 2025/26 permit is £40.00. How do you apply for a garden waste collection permit? You can apply for a garden waste collection permit online (weblink text). Applications can be made between April and November. How far in advance do I need to apply for a permit? It can take up to 21 days for a permit to be processed and the bin sticker to be issued to your address. Your bin will not be lifted until the permit is attached. Can residents purchase more than one permit for garden waste? Yes. There is no limit to the number of permits a household can purchase. How many collections will this involve? Your brown bin will be collected fortnightly with the exception of the Christmas and New Year period. Please refer to the council website for more information on collections over this period. 2025/26 permits should be displayed from 1 June 2025. How do I attach the permit to my bin? When your permit arrives, peel the permit from the backing paper and attach the sticker to the back of your brown bin, between the handles. The sticker must be applied to a clean dry, surface and not over an existing sticker. What if my permit hasn't arrived yet? Once you have purchased your permit it can take up to 21 working days to arrive. If 21 working days have passed and you haven't received your permit, please log your issue INSERTLINKTOWEBPAGE Your collections will begin when your permit is attached to your brown bin. Does payment of council tax not pay for garden waste collection? No, this service is non-statutory and therefore not a legal requirement for the Council to provide. Do other councils charge for this service? The majority of councils in Scotland are either charging for garden waste collections, considering implementing a charge or not collecting this waste at all. How can I dispose of food waste if I don't have a permit? Page 23 of 102
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Food waste can be put into the brown bin and this will be collected fortnightly. If you use your brown bin for food waste only, then don't have to do anything. Food waste only brown bins will continue to be collected fortnightly weekly without the need to apply for a permit. How will you know if someone has paid for a permit? When you purchase a permit you will be issued with a sticker that must be attached to your brown bin. The permit sticker will include your address, so can't be used on bins at different addresses. Sticking the permit to your brown bin indicates to the collection crew that you have subscribed to the garden waste service. What happens if residents don't purchase a permit and continue to place garden waste in their brown bin? Our teams will undertake checks to ensure there is no garden waste in the brown bin if a permit sticker isn't attached. If it's found that garden waste has been put into the bin and the resident hasn't paid for this service, the bin won't be emptied. The bin will not be emptied and a tag attached providing information on how to subscribe to the garden waste service. The resident will then need to dispose of the garden waste themselves such as composting it or taking it to one of our household waste recycling centres. I don't want to pay for a permit, what are my options for disposing of my garden waste? Residents who don't want to purchase a permit can either dispose of their garden waste at one of our household waste recycling centres or can compost it in their garden. Visit the Zero Waste Scotland website for information on composting. Are there payment options or discounts for those in receipt of Universal Credit or other benefits? There are no discounts or exemptions available. What happens if residents receive an Assisted Pull-Out of their bins? The normal assisted collection service will continue for food waste collections. If residents in receipt of the assisted collection service still wish their garden waste to be collected they must purchase a permit. What happens if I've a permit and my bin is missed? You can report a missed bin online. INSERT LINK If residents stay in a flat how does the scheme work? Residents who currently share a bin for their food and/or garden waste in flats can continue to do this for garden waste as long as one of the residents applies and pays for the permit. Please note, the application and payment for a permit must be made by one resident and the Council won’t become involved in any neighbour dispute over payment to another neighbour. What if I employ a gardener? If a resident employs the services of a gardener the waste is classified as commercial waste. The gardener must take this away with them after finishing their work and dispose of this as commercially generated waste. What would happen if someone doesn't pay for a permit and uses another neighbour's bin to dispose of their garden waste without their permission? This would be classified as fly-tipping and the individual would be risking a fine. You can report fly-tipping online. With this new service will we not see an increase in fly tipping in North Lanarkshire? Councils who have already introduced this charge have found no evidence to suggest that fly tipping of Page 24 of 102
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garden waste has increased as a result. The disposal of garden waste is the householder's responsibility and residents can continue to dispose of this free of charge at a household waste recycling centre. What happens if I don't initially purchase a permit and I want to join at a later date? There will be no discount depending on the time of year when you sign up to the scheme. If existing residents or new residents to North Lanarkshire choose to join the scheme part way through the year the charge will still be the full cost of the permit. What happens if I move house? The permit is issued for the household only, not to a named individual, and isn't transferable. What happens if my brown bin needs replaced? If it is damaged by our collection crew North Lanarkshire Council will reorder a replacement bin and permit for you, you do not need to contact us this will be arranged automatically. If you have purchased a permit then a replacement will be issued to you. If your bin or permit is damaged in some means other than by our collection crew or vehicle you should reorder and pay for a replacement bin and or permit online What can I put in my brown bin? • Flowers • Plants • Grass cuttings • Shrub/Hedge clippings • Leaves • Weeds (not invasive plants like Japanese Knotweed) • Twigs/Branches • Straw or animal bedding • Food Waste Is this a mandatory charge? No, the charge is discretionary. It will be your own decision if you wish to purchase a permit to have your garden bin emptied Page 25 of 102
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Appendix 2 North Lanarkshire Council Garden Waste Service Terms and Conditions 1. Introduction 1.1. These terms and conditions apply to the North Lanarkshire Council garden waste collection service, provision of the Permit and online application processes which together form a contract between the Customer and the Council. 1.2. By applying for this Garden waste collection Service, you accept these terms and conditions including any Payment charges. 2. Eligibility 2.1. North Lanarkshire Council Garden Waste Service is for domestic properties or Places of worship. The service is NOT available to other persons, companies or commercial businesses. 2.2. The Garden Waste Service is for the collection of organic garden waste that is presented in a brown 140/240 Litre wheeled bin. 2.3. To qualify the Customer and their property must be on a pre-existing Council Brown bin collection route, have adequate storage space for wheeled bins within the curtilage of their property and be able to accommodate the wheeled bins at all times. 2.4. The service is only provided to the collection address specified in the customer’s application and permit. If you move home - please leave the bin at the property. If you are moving into an area which provides the garden waste collection service and there is no permit sticker on the garden waste bin at the new address, you will be required to apply for a new permit sticker. 3. Prices and Contract Period 3.1. The annual charge for the garden waste bin collection is £40.00 per bin emptied on a fortnightly basis, excluding the period of week of 24 December to week of 6 January as no garden waste bin collection will take place during that time. 3.2. Application period for applying for a permit is from 1st April – 30th November. 3.3. The charging term lasts for a period of 12 months from 01 June to 30 May. The contract with each Customer runs from the date of Permit purchase until the end of the charging term i.e., 30th May. 3.4. The collection period is for all year with the exception of 2 weeks over the festive and New Year period, exact dates of this period will be published on the council website each year and collection calendars can be found by visiting When is my bin emptied? | North Lanarkshire Council. 4. Annual Review of Charging 4.1. The Council reserves the right to vary the charge of the service. Charges are set annually, and the Customer will be notified of any price increase as part of the annual renewal. 5. Exemptions 5.1. There are no exemptions to the scheme. Page 26 of 102
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6. Permits 6.1. A valid Permit is required for each individual wheeled brown bin presented for collection. 6.2. Customers must have adequate storage space for wheeled bins within the curtilage of their property and be able to accommodate the wheeled bins at all times. 6.3. Expected delivery time of the permit from purchase to delivery is 21 days. Your bin will not be emptied during this period unless the permit has arrived and is on the bin. 6.4. There will be no pro rata payments for customers that wish to join the service part way through the year and no refunds or part refunds for the cancellation of the service part way through the year. 6.5. There is a 14-day cancellation period for the Contract which starts on the day after purchase of the Service. If cancellation is made during this time frame, a full refund will be provided. Thereafter, it can be cancelled at any time, but no refunds or part refunds will be given. 6.6. To ensure your collections continue uninterrupted, payment is required every year in advance, using the online form. You will be notified of the charge and payment date in March each year. If you don’t pay by the specified date, we will withdraw our service until such time as you re-join the scheme. 6.7. When garden waste bins are presented for collection the permit sticker must be clearly visible to the collection crew as shown in the instructions detailed in the letter posted with the permit. 6.8. Permits are issued detailing the individual property information; they are non-transferrable and only valid when presented at the property for which they were originally purchased. 6.9. The Council has no obligation under this contract to empty wheeled bins where they do not comply with these conditions. 6.10. If wheeled bins are inaccessible, or the passageway is determined as having the potential to cause risk or harm to the health of Council employees, then the waste will not be collected, and the Customer shall be required to ensure that the hazards are removed, or conditions improved before the next scheduled collection. 7. Wheeled Bin Presentation 7.1. Bins must be presented at the kerbside from 7am on the day of collection. Please make sure the bin handle is facing the street. 7.2. Collection crews will not empty any bin that does not display a valid current permit sticker. 7.3. After the bin is emptied, it will be returned to the point of collection. It is your responsibility to make sure that the bin is returned to your property. 7.4. Your garden waste bin(s) must be used for garden and food waste only. Garden waste includes grass, cuttings, hedge clippings, twigs, bark, leaves, straw, hay, flowers, plants and small branches. Your garden waste bin should NOT be used for large branches, turf, earth, soil, stones, gravel etc. The garden waste must not be placed in plastic bags, as this affects the composting process. 7.5. The Council reserves the right not to empty bins in the following instances: - • Bins contain incorrect materials • Bins are too heavy to safely manoeuvre • Waste is heavily compacted or frozen • Bins where the bin lid is not closed • Bins from commercial premises Page 27 of 102
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• Valid permit is not displayed on the bin 7.6. If wheeled bins are inaccessible, or the passageway is determined as having the potential to cause risk or harm to the health of Council employees, then the waste will not be collected, and the Customer shall be required to ensure that the hazards are removed, or conditions improved before the next scheduled collection. 7.7. If your bin is damaged during collection or if it falls into the rear of a refuse vehicle, we will repair or replace it free of charge and order you a replacement permit on your behalf, you do not need to contact us to arrange this. 7.8. The Council reserves the right to alter customer collection day. 7.9. The Council reserves the right to inspect bins and their contents at any time to ensure proper use. 8. Contamination of Recycling Bins or Non-Permitted Waste 8.1. Contaminated bins (i.e bins containing incorrect material(s) will not be emptied. If your bin is contaminated, it is your responsibility to remove the item(s) of contamination prior to the next collection. If the contamination continues, we may remove the bin(s) and no refund applied. 8.2. The bin lid(s) must be completely closed, and no side waste will be collected, i.e. no extra waste next to the bin(s) or placed on the lid(s). If the bin is too heavy to be lifted safely, the householder will be expected to remove some garden waste making it safe to lift for the next scheduled collection. 8.3. If there is repeated Contamination in Brown bins used for this Service, the Council reserves the right to withdraw the Service from the Collection address. The Customer will be notified of this decision in writing. 8.4. The Customer is not eligible for a refund of the Payment where the Service is withdrawn for reason of Contamination. 9. Missed Bin Collections 9.1. Refunds will not be given if a collection is missed through circumstances beyond the control of the Council. 9.2. Bins should be placed at the kerbside or agreed collection point by 7.00am on the scheduled collection day for that bin. The Council will not return for bins missed due to late or incorrect presentation. It will be the resident’s responsibility to dispose of any excess waste, either free of charge at a Household Waste Recycling Centre or by arranging a chargeable special uplift (waste removed from in and bagged for uplift). 9.3. Where the bin has been missed due to a collection error, this should be reported online at the councils website Report an issue with a bin | North Lanarkshire Council. If the Council agree that the cause of the missed bin was a collection error the bin should remain at the collection point, the Council will aim to collect it within 7 days. If after this time the vehicle has been unable to return the bin should be returned to the storage point and represent on the next scheduled collection day for this bin. 9.4. If wheeled bins are inaccessible, or the passageway is determined as having the potential to cause risk or harm to the health of Council employees, then the waste will not be collected, and the Customer shall be required to ensure that the hazards are removed, or conditions improved before the next scheduled collection. Page 28 of 102
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10. Household Waste Recycling Centres 10.1. The Customer is entitled to use the Council's Household Waste Recycling Centres to dispose of domestic Garden Waste free of charge. 10.2. For further information, please visit our Household Waste Recycling Centre webpage Recycling centres | North Lanarkshire Council. 11. Shared Bins or Multiple Bins at a Specific Property 11.1. If you wish to share a wheeled bin with one or more neighbours, you must agree one person who will register and pay for the collection service. It will be the responsibility of that group of neighbours to arrange their own payments among themselves and to ensure the wheeled bin is presented on the correct days. 11.2. There is no limit to how many wheeled bins you can register and pay for at an address. The charge will be applied for each wheeled bin. 12. Industrial Action 12.1. In the event of cancelled or suspended garden waste collections e.g. due to industrial strike action/inclement weather, collections will commence on resumption of service provision. No refunds will be offered for collections missed due to these occurrences. 12.2. Garden waste collections will recommence once the reason for the service disruption has ceased. Information regarding any additional collections will be communicated via the website and social media channels. 13. Data Protection 13.1. To deliver this Service, we need to collect Customers' Personal data including the: • Customer's name • Collection address • Billing address • email address • telephone number • Payment details We use this data: • for Customers to pay for the Service • to provide Customers with the Service • to manage and administer the Service • to contact Customers about changes to the Service • to contact Customers when their Service is to expire and to offer a renewal • to improve the design and performance of the Service • to investigate complaints • to manage the finances of the Service • to recover money Customers may owe us. 13.2. The Council's privacy policy sets what information we collect, how we collect it, what we do with it, who we share it with and why Privacy and cookies | North Lanarkshire Council. Page 29 of 102
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14. Service Requests, Enquiries and Complaints 14.1. For any service requests please report online Bins and recycling | North Lanarkshire Council 14.2. The Council is committed to providing high quality services, if something goes wrong or you are unhappy with our services, please tell us. 14.3. To make a complaint - visit our website https://www.northlanarkshire.gov.uk/bins-and- recycling/report-issue 15. Additional Information 15.1. The scheme is voluntary. There is no requirement for residents to participate. 15.2. Further information and Frequently Asked Questions relating to the garden waste collection service can be found at INSERT WEBPAGE 15.3. Please note these Terms and Conditions are subject to change at the Council’s discretion without notice. The current version will be held online at INSERT WEBPAGE 15.4. The Council Garden Waste Collection Service including the Permit and these Terms and Conditions will be governed by the Law of Scotland and subject to the exclusive jurisdiction of the Scottish Courts. Page 30 of 102
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Appendix 3 Your Household Waste & Recycling Service November 2024 Page 31 of 102
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Household Waste & Recycling Policy 2 North Lanarkshire Council Household Waste and Recycling Policies 1.1 The Council’s policy is to provide households with the following waste and recycling containers where practicable and bins are provided are at a charge to the resident. • One 240 litre grey wheeled bin for the storage of general domestic (non-recyclable) waste • One 240 litre blue lidded wheeled bin for the collection of paper & card • One 240 litre green lidded wheeled bin for the collection of plastics, metal and glass • One 240 litre brown lidded wheeled bin for the collection of food waste (and garden waste if a permit is purchased to participate in the collection service) 1.2 Additional recycling capacity will be provided at a charge to the resident if required, up to a maximum of two 240 litre (blue/green) wheeled bins per household. Alternatively, one single larger container (360 litre capacity) may be provided. There is no limit to the number of garden waste permits that can be purchased by a householder however each brown bin presented must have a permit affixed to ensure it is collected. 1.3 Bins that are damaged during collection by our crew our vehicle will be replaced without charge. Where a bin is damaged through wear and tear, negligence or is stolen, the householder will be liable for cost of replacement. 1.4 New build properties will be required to purchase their bins prior to receiving a service. The most up to date cost of containers can be found of the fees and charges section of the Council’s website. Bins should be ordered via our website. 1.5 Only wheeled bins supplied by North Lanarkshire Council will be emptied. 2. Additional Non-Recyclable Waste Capacity 2.1 North Lanarkshire Council will consider providing additional capacity for non-recyclable waste to householders meeting the following criteria and demonstrating recycling of waste; • five or more permanent residents in the household • 2 or more children aged 3 or under in disposable nappies • exceptional circumstances at the discretion of the Waste Services Manager. 2.2 Households considered eligible for additional capacity will be provided with a larger (360L) grey wheeled container for non-recyclable waste. 2.3 Additional capacity will only be provided on evidence that the householder is making full use of the kerbside recycling services and utilise 360l recycling bins. Householders will be required to complete and return a waste diary for a period of three weeks. 2.4 Applicants are required to re-register on a biennial basis. 2.5 Householders must notify the Council if circumstances change during the 24-month agreement period which may alter their eligibility for additional non-recyclable waste capacity. 3. Presentation, Storage and Collection Page 32 of 102
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Household Waste & Recycling Property 3 3.1 The householder is required to present the appropriate bin(s) with the lid closed, handles facing the kerb at the kerbside (or agreed uplift location) by 7:00am on the morning of collection. 3.2 The collection crew will not return for bins that are not presented in time. Bins not presented in time for uplift should be returned to the storage location and represented on the next scheduled collection day for that bin. 3.3 Bins should be presented in such a way that they do not cause obstruction to pedestrians or road users. 3.4 Side waste or excess waste will not be accepted i.e. excess bags, cardboard boxes etc other than in circumstances communicated by the Council. 3.5 Overfilled and/or excessively heavy bins will not be accepted. Bins with items wedged into them will be left as these may present health and safety implications to operatives. The resident should rectify the issue and correctly re-present their bin on the next scheduled collection day for that bin. 3.6 Any excess recyclables or non-recyclable waste that cannot be accommodated within the appropriate bin(s) can be taken to a Household Waste Recycling Centre. See point 9.1 for location details. 3.7 Bins must be stored where possible within the curtilage of the property i.e. bin store, back court, garden etc. 3.8 Bins must be removed by the householder from the pavement/collection point and returned to storage location as soon as practical after emptying i.e. the same day as collection. 3.9 The Council reserves the right to remove any unauthorised bins presented or left on the pavement, if previous requests for householder co-operation in removing them are not adhered to. 3.10 Residents are advised to identify their bins with a house name or number. 3.11 Householders are responsible for ensuring the correct materials are placed in the appropriate bin (see point 5.1). 3.12 The cleanliness of bins (inside and out) remains the responsibility of the resident and they should be maintained in a clean and hygienic condition at all times Bin should presented in a serviceable condition- all wheels in place, lid intact and no damage to the body of the bin. Unclean, unhygienic or damaged bins may not be emptied. 3.13 Bins will be replaced after emptying by collectors to the original collection point, or within one refuse collection vehicle length of this location, ensuring adequate space for pedestrian movement and vehicle access to properties is maintained. 3.14 Access for the Refuse Collection Vehicle should be maintained clear of obstruction on uplift days. Failure to do so may result in a missed collection, see point 6.3. Repeated missed bins due to access issues will result in collection arrangements being reviewed. 4A. Assisted Collections Page 33 of 102
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Household Waste & Recycling Property 4 4a.1 An assisted collection service will be provided when, due to physical or health condition no member of a household is able to present or retrieve their own bin(s) and have no other means of support to do this. This service is free of charge to people who qualify for it. You may be visited by a council officer to check your eligibility for the scheme. 4a.2 Applicants must apply for this service via the North Lanarkshire Council website and may be required to provided evidence to support their application in the form of letter from a health or social care professional and are required to re-register on a biennial basis. 4a.3 Bins will be collected from an agreed location within the curtilage of the property. All properties are risk assessed by a Council Officer to determine the manual handling risks associated with uplifting bins. Should a perceived risk be identified, it may necessitate a change to where the bin is stored to facilitate the safe collection and return of the bin. The bin must be at the agreed collection point to ensure uplift. 4a.4 Residents are required to ensure the bin storage area is easily accessible to the collection crews. Gates should be unlocked and in good working condition to allow access. Dogs should be secured elsewhere to allow staff safe access to the property and access paths must be clear of dog excrement. 4a.5 When moving house, it is important that residents who receive an assisted collection inform the Waste Services so that records can be updated. 4a.6 Assisted collections will be reviewed on a biennial basis. If a household’s circumstances change and, as a result, they no longer need an assisted collection, residents or a representative must inform waste services. 4B. Health Condition Collections 4b.1 An additional collection service will be provided when, due to health condition a member of a household produces additional quantities of non-recyclable waste. No additional bin will be provided however the grey non-recyclable waste bin will be emptied every week, waste placed in the bin should be double bagged. This service is free of charge to people who qualify for it; 4b.2 Applicants must apply for this service via the North Lanarkshire Council website and are required to provide evidence in the form of a letter from a health or social care provider to support their application. Applicants must re-register on a biennial basis. 4b.3 If the resident receives an assisted collection this will also be applied to the health collection. 4b.4 When moving house, it is important that residents who receive a health collection inform the Council so that records can be updated. 4b.5 Health collections will be reviewed on a biennial basis. If a household’s circumstances change and, as a result, they no longer need a health collection, residents or a representative must inform the waste services. Page 34 of 102
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Household Waste & Recycling Property 5 4C. Simplified Collections 4c.1 If a resident has a health condition or disability that results in difficulties with recycling, we can remove all recycling bins and provide a larger general waste bin that is collected on a three-weekly basis. This service is free of charge to people who qualify for it. 4c.2 Applicants must apply for this service via the North Lanarkshire Council website and are required to provide evidence in the form of a letter from a health or social care provider to support their application. Applicants must re-register on a biennial basis 4c.3 If the resident receives an assisted collection this will also be applied to the simplified collection. 4c.4 When moving house, it is important that residents who receive a simplified collection inform the Council so that records can be updated. 4c.4 Simplified collections will be reviewed on a biennial basis. If a household’s circumstances change and, as a result, they no longer need a simplified collection, residents or a representative must inform the waste services. 5. Contaminated Bins 5.1 Only waste or recycling materials detailed below will be accepted; • Grey Bin – Non-recyclable Waste • Blue Lidded Bin – Dry Mixed Recyclables – Paper & Cardboard • Brown Bin – Food Waste and if permit is purchased garden waste is also accepted • Green Lidded Bin – Dry mixed Recyclables– Plastics, Cans & Glass Refer to www.northlanarkshire.gov.uk for more information on recycling 5.2 Householders are responsible for the waste and recycling that is contained in their bins. North Lanarkshire Council do not take responsibility for contaminated bins. 5.3 Contaminated bins will not be uplifted as they may contaminate the entire load within the vehicle resulting in increased disposal cost and lower performing recycling rates against national targets 5.4 If contamination is found, the refuse collection crew will place a hanger on the bin, to advise the householder, and record the contamination. 5.5 Contaminated bins will not be returned for and will only be emptied on the next scheduled collection day for that bin if the contaminants are removed. 5.6 Table 1 below is a guide to help determine whether a bin is deemed to be contaminated or not and the action to be taken Page 35 of 102
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Household Waste & Recycling Property 6 Table 1 Contamination level/Reason Description Action Contamination level/Reason Description Action Contamination level/Reason Description Action Severe contamination; or repeat offender of medium contamination (deliberate) Filled black bags, food waste, more non-recycling than recycling. Or repeat offender of medium contamination. 1) Do not empty bin 2) Attach Bin Hanger/Sticker 3) Record on handheld/in-cab or route sheet 4) Letter sent to householder Moderate contamination Obvious misunderstanding of materials accepted (there needs to be more recycling than nonrecycling) 1) Empty bin on first instance 2) Bin Hanger/Sticker 3) Record on handheld/in-cab or route sheet Low contamination (non- deliberate) Low number of visible wrong items when the bin lid is opened. 1) Empty bin – likely that it is accidental. 2) No requirement to record 5.7 North Lanarkshire Council reserve the right to withdraw the recycling service if repeat contamination occurs. Any loss of recycling capacity by service removal (as a result of repeated contamination) will not be replaced and non-recyclable waste collections will remain unchanged. 6. Missed Bins 6.1 Bins should be placed at the kerbside or agreed collection point by 7.00am on the scheduled collection day for that bin. The Council will not return for bins missed due to late or incorrect presentation. It will be the resident’s responsibility to dispose of any excess waste, either free of charge at a Household Waste Recycling Centre or by arranging a chargeable special uplift (waste removed from in and bagged for uplift). 6.2 Where the bin has been missed due to a collection error, this should be reported online at the councils website Report an issue with a bin | North Lanarkshire Council .If the Council agree that the cause of the missed bin was a collection error the bin should remain at the collection point, the Council will aim to collect it within 7 days. If after this time the vehicle has been unable to return the bin should be returned to the storage point and represent on the next scheduled collection day for this bin. If it is found that the missed collection was not due to collection error we will not return to empty the bin. 6.3 Where the bin has been missed due to access issues, there is no need to report this as the collection vehicle will return to attempt to service the bins. If the access issue is the result of road closure they will return as soon as access allows. If access is blocked by parked cars the collection vehicle will make a maximum of two further attempts to collect the bins however If after this time the vehicle has been unable access the bins, the resident should return their bin to the storage point and represent the bin on the next scheduled collection day for that bin. Excess waste or recycling can be taken to a Household Waste Recycling Centre for disposal. 6.4 Adverse weather or other conditions beyond the Council’s control can disrupt Page 36 of 102
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Household Waste & Recycling Property 7 collections. In such circumstances collection arrangements will be made as soon as possible and householders should leave their bins out for 2 days after the normal collection. If bins are not collected within this time, please refer to the Council’s website for collection updates. 6.5 If bins are not emptied due to waste being tightly lodged or frozen, the bin will not be collected until the next scheduled collection day for that bin and excess waste will not be accepted. Householders must ensure that the waste can be removed from the bin and any items are dislodged before re-presenting. 7. Non-Standard Waste and Recycling Services 7.1 There are variations to the standard waste and recycling service outlined above for practical or operational reasons e.g. a large proportion of flats share bins for refuse and recycling due to restricted storage space. High flats and maisonettes (with bin chutes) use large communal bins and have a local mini recycling points. The most appropriate size and type of bin will be identified from the list below and are / will be provided : Flats • Individual or communal grey wheeled bins (240 or 360 litre capacity) – residual, non recyclable waste • Individual or communal blue lidded wheeled bins (240 or 360 litre capacity) – paper and cardboard • Individual or communal green lidded wheeled bins (240 or 360 litre capacity) - plastics, cans and glass • Large communal grey 1100 litre bins – residual, non recyclable waste • Large communal blue lidded 1100 litre bins – paper and card • Large communal green lidded 1100 litre bins – plastics, cans and glass • Brown-lidded communal wheeled bin for food waste 240 litre High Flats • Communal large bins (weekly / multi frequency) • Local mini recycling sites with 1100 litre blue lidded & green lidded bins • Brown lidded 240 litre wheeled bins for food waste 7.2 Additional recycling capacity will be provided if possible, this will be assessed by a waste officer on a site by site basis. 7.3 Additional capacity for non-recyclable waste will only be provided as detailed in section 2 of this Household Waste and Recycling Policy. 8. Special Uplift/Bulky Uplift Collections 8.1 The Council also provides a waste collection service for certain large or bulky items. Page 37 of 102
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Household Waste & Recycling Property 8 8.2 The Council charges for collection of bulky waste items. An up-to-date list of fees and charges is available on the website. Bookings can be made via the website. 8.3 The items must be booked in for collection and will only be collected if they are an on the list of accepted items and are presented as per the council’s terms and conditions published on the Councils website. 8.4 Waste electrical items (WEEE) and waste upholstered domestic seating (WUDS) is included in the list of accepted items and will be collected in a separate collection vehicle from other items in the special uplift to ensure compliance with legislation for these waste streams. 9. Household Waste Recycling Centres 9.1 The Council operates 6 household waste recycling centres (HWRC) at the following locations: • Stobcross • LadyAnne • Wardpark • Shotts • Reema Road • Netherton A full list of items accepted at each site and opening hours can be found on the Council’s web site. 9.2 Household Waste Recycling Centres are provided for use by North Lanarkshire Council residents and for the recycling and disposal of household waste only. There is no provision for commercial waste at any site. 9.3 Residents wishing to use a commercial style vehicle (van, pick up, trailer or mini bus) to dispose of their waste must prebook their visit online at the council website prior to admission to the site. A maximum number of 12 visits are permitted each year for each resident. 9.4 Waste is subject to inspection by a member of staff. If waste is suspected to be commercial in origin it will not be permitted access to the site. 10 Variations to the provision of Household Waste & Recycling Service 10.1 Recognising that there may be instances whereby conditions might be exceptional, variations will be considered if one or more of the following conditions exist: • The property is not on a garden waste collection route and therefore does not have access to the food waste service. • Where wheeled bins for recycling cannot be accommodated and/or serviced. • Where travel is required up a private and/or un-adopted road. • The Council has authorised another receptacle, container or sack in the absence of a wheeled bin. • In exceptional circumstances as determined by the Waste Services Manager. Page 38 of 102
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Household Waste & Recycling Property 9 11 Rural Collection Services 11.1 North Lanarkshire Council do not have any obligation to provide all properties with the full range of kerbside services in circumstances where this would present significant operational and/or cost implications. 12 Communal Containers 12.1 Communal containers will be provided if it is not feasible to provide each individual property within a flatted premise/multi occupancy dwelling with their own containers to store waste and recycling. 12.2. Communal containers will be provided at an agreed bin storage location, where the refuse collection vehicle cannot gain access to multiple properties to service bins because of the road width, height limitations, inadequate turning or other restrictions out with the Councils control. 12.3 Communal bin collection points should be a level hard standing surface, a maximum of 10 metres from where the refuse collection vehicle can safely stop. To enable servicing a suitable surface over which the communal containers can be manoeuvred to the rear of the vehicle must be maintained. 13 Access Road Specification 13.1 Refuse Collection Vehicles will only provide kerbside waste and recycling collections to properties situated on a private and / or unadopted road if all of the following conditions are met: • The private road serves a settlement, or settlements, rather than isolated individual properties (as a guide, a settlement is a grouping of six or more properties). • The road is constructed to withstand a gross vehicle weight of 26 tonnes and axle loading of 11.5 tonnes. Features in the road situated, such as manhole covers, gratings or cattle grids, must also be capable of withstanding these loads. • There is sufficient space for a refuse collection vehicle to safely access and egress; with adequate space to turn, if applicable (i.e. a turning circle, T-junction or hammerhead). • The road surface must be in a condition deemed acceptable by North Lanarkshire Council and this standard must be maintained (i.e. any surface deterioration such as ruts or potholes must be improved and the road must be cleared/treated in adverse weather). • Sufficient and safe access for the refuse collection vehicle on collection day (i.e. absence of overhanging branches/overgrown bushes, no parked cars restricting space available to perform manoeuvres). • The owner(s) of the private road agrees to indemnify the Council against Page 39 of 102
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Household Waste & Recycling Property 10 any damage caused from reasonable use of the road by a refuse collection vehicle. 13.2 Failure to meet any of the above conditions will prevent the refuse collection vehicle from servicing bins and result in collection arrangements being reviewed. Page 40 of 102
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North Lanarkshire Council Report Environment & Climate Change Committee Does this report require to be approved? ☒ Yes ☐ No Ref JMcK/LS Date 05/02/25 Public Sector Duties Climate Change Report 2023/2024 From James McKinstry, Chief Officer of Assets & Procurement E-mail McKinstryJ@northlan.gov.uk Telephone 07939 281102 Executive Summary The purpose of this report is to provide committee with a summary of the content of the Public Sector Report on Compliance with Climate Change Duties submitted on behalf of the Council in November 2024 for reporting year 2023/24 as well as provide an update on progress against carbon budgets set within our Climate Plan ACT2030 and aspects of the Sustainable Futures Programme of Work. For the reporting year (2023/24) the carbon boundary was expanded to include staff commuting and refrigerants and resulted in a footprint of 62,124 carbon tonnes equivalent (tCO2e). Measuring the original boundary against the baseline showed that there was a continued decrease in emissions with an overall reduction of 1.4% from the previous year’s report and an overall reduction of 48.5% from the baseline year of 2015/16. The report also highlights the need to retain the Climate Plan ACT 2030 carbon targets and budgets until the publication of our ‘Net Zero Pathway’ later this year. Recommendations It is recommended that Environment & Climate Change Committee: (1) Review the performance presented within this report and accompanying appendices; (2) Agree to retain the Climate Plan ACT 2030 targets and carbon budgets for 2024/25 and 2025/26 to enable continuity of performance monitoring; and (3) Acknowledge that the aforementioned climate plan will be replaced by a Net Zero Pathway and will be brought before this Committee in autumn 2025. The Plan for North Lanarkshire Priority All priorities Ambition statement All ambition statements Programme of Work Sustainable Futures Item 4 Page 41 of 102
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1. Background 1.1 The ‘Climate Change (Duties of Public Bodies; Reporting Requirements) (Scotland) Order 2015’, introduced a legal obligation for public bodies to report annually detailing their compliance with the duties specified in the Climate Change (Scotland) Act 2009 and its subsequent amendments. The report is produced annually for the most recently completed financial year with a submission date of the 30th November. 1.2 Each year information and data are collated and verified for submission by individual services. The report template is comprised of a number of sections which are mainly descriptive of the organisation: • Profile; • Governance; • Emissions and Projects; • Adaptation; • Procurement; • Validation; and • A non-mandatory section: Wider Influence. 1.3 Committee will recollect in last year’s reporting that they were advised that the organisational carbon boundary (a list of the emissions that is reported) would increase. This is in line with the ‘Public Sector Leadership on the Global Climate Emergency’ 2021: ‘There is now a strong demand among the sector for robust, consistent and comprehensive measurement and reporting of the entire carbon footprint of public bodies to support the accelerated action now needed.’ Figure 1 North Lanarkshire Council's Carbon Boundary as amended (2023/24) 1.4 Environmental Standards Scotland (ESS) were tasked with a review of the systems in place to support local authorities in their duty to contribute to the delivery of the national climate change targets and this included reporting requirements. The Climate Change Lead Officer participated in workshops hosted by ESS and raised a concern with regard to the validity of data and appropriate methodologies. One of the five recommendations made by ESS to the Scottish Government was the mandatory reporting of Scope 3 emissions. Whilst this recommendation was rejected, the current guidance encourages Page 42 of 102
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organisations such as local authorities to increase their reporting of this scope e.g. procurement, staff commuting. Accurate reporting of procurement consumption is currently beyond most organisation’s ability and has led to some contracting consultants to carry this work out on an annual basis. The Council continues to endeavour to improve on what is reported utilising a common-sense approach and as a result this year’s boundary (Figure 1) includes staff commuting and refrigerant gases. As commuting information is not a retained internal data set, a national one has been used to assist in the calculation of this emission source. The methodology developed will be consistently applied each year or until there is national guidance available on the use of alternatives. Net Zero Pathway 1.5 In support of the 2019 climate emergency ambition to realise net zero by 2030, the Climate Plan ACT2030 was published in 2021 and included a series of thematic carbon budgets that were intended to drive down the Council’s scope 1 and 2, as well as scope 3 emissions and were based on project information provided by the relevant services/teams. Meaningful climate action is underway in key areas within the Council Within our Sustainable Futures Programme of Work Board we have committed to producing a new net zero pathway next calendar year which will contain costed actions resulting in a realistic timescale and targets. 1.6 Work on this commenced in August 2024 with a workshop that key officers and chief officers attended at Gartlea Community Centre. Considering the ‘road ahead’ for the built environment and transport and planning in terms of legislative levers, attendees were asked to consider the following: • What action should the Council focus on and where should our resources be prioritised? • What should we be doing to ensure our priorities align with our duties e.g.: o Climate targets o Heat in Buildings o National Planning Framework 4 o Reduction in car use • What are your thoughts on the opportunities/challenges we face? In particular: o Funding o Changing and dynamic legislation/expectations o Influencing the balance between public sector and private sector action; and o Ultimately how do we deliver the pathway to net zero? • What are our immediate next steps following these discussions? 1.7 The responses to these questions will assist in the development of the net zero pathway and will be further explored when individual services offer their contributions to the action plan. 1.8 A draft climate plan template (Appendix 3) has been developed by ESS on behalf of the Scottish Government with the intent that as local authorities update their climate plans, the format can be adopted. It is expected that this will be on a voluntary basis initially with an eventual ‘hard stop’ date. Due to the timing of the council’s next plan i.e. the Net Zero Pathway, officers involved have opted to adopt the template to negate the need for unnecessary rework of what will be a live document. Page 43 of 102
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2. Report 2.1 This report focuses primarily on the performance of the Council in reducing its carbon emissions as contained within the November 2024 submission. Appendix 1 (Organisation Targets) and Appendix 2 (Breakdown of Emissions) supplement the content of this report. The full submission will be available on Sustainable Scotland Network’s website in March 2025. 2.1.1 This report also contains a short review of performance against the council’s own carbon budgets set within the Climate Plan ACT2030 as adopted. 2.1.2 To fully understand the content of this report Committee should be aware of the following definitions: Table 1 Explanation of Emission Scopes Scope Organisational Control Emission Source Example 1 Direct Stationary combustion Fuel use in buildings Mobile Combustion Fuel use in vehicles Process emissions Water treatment processes Fugitive emissions Leaks of refrigerants from cooling systems 2 Indirect Purchased electricity, heat and steam Grid electricity use 3 Indirect Several sources Purchased goods and services Employee commuting and business travel Waste Public Sector Climate Change Duties Report 2023/24 Figure 2 Total NLC Emissions by Scope (tCO2e) 2.2 The Council’s greenhouse gas emissions for this reporting year totalled 62,124 carbon tonnes equivalent (tCO2e). This is comprised of 60,352 tCO2e of emission sources baselined in 2015/16 and 1,772 tCO2e from those introduced this reporting year into our carbon boundary. It is clear that over the past four years the organisation’s emissions have plateaued, and it is believed that this is consistent with other public - 20,000 40,000 60,000 80,000 100,000 120,000 Scope 1 Scope 2 Scope 3 Page 44 of 102
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bodies. This suggests an upscale in effort including financial resources is required to meet the council’s climate change duties. 2.2.1 From this point forward in the report we will focus on the footprint which is in line with the organisation’s 2015/16 baseline. Table 2 NLC's Footprint since Baseline Year (tCO2e) 2015/16 2016/17 2017/18 2018/19 2019/20 2020/21 2021/22 2022/23 2023/24* 117,075 112,341 121,723 97,900 77,113 59,852 62,770 61,909 60,352 Performance v. baseline -4,734 4,648 -19,175 -39,962 -57,223 -54,305 -55,166 -56,723 % change to baseline -4.0% 4.0% -16.4% -34.1% -48.9% -46.4% -47.1% -48.5% change to prev. year -4,734 9,382 -23,822 -20,788 -17,260 2,917 -860 -1,557 % change to prev. year -4.0% 8.4% -19.6% -21.2% -22.4% 4.9% -1.4% -2.5% 2.2.2 The above table provides a summary of the organisation’s progress. Within the reporting year (2023/24) emissions have reduced by 48.5% from the baseline year. 2020/21 reflected the period where there was very little activity (building use and grey fleet) as most staff were working from home as a result of the restrictions in place due to COVID-19. Excluding this year from the analysis shows that good progress was made up to 2021/22 and thereafter it has been minimal. 2.3 The following graph shows the Council’s progress in terms of its Scope 1 emissions since the baseline year. Figure 3 Scope 1 Emissions since Baseline Year (tCO2e) 2.3.1 Scope 1 emissions accounted for 28,211 tCO2e for the reporting period, which was a 2.6% reduction from last year and was achieved through a 4% reduction in the use of natural gas (for heating) by focussing further efficiencies through the use of Building Energy Management Systems. The full effect of this was dissipated through increased use of other sources such as the fleets use of diesel and petrol. 2.3.2 Figure 4 shows the change in Scope 2 emissions since the baseline year. Electricity is the sole source of the council’s Scope 2 emissions. There was an increase in consumption during the reporting year of 696,183 kilowatts, an increase of 0.9% from the previous year. Figure 4 Scope 2 Emissions since Baseline Year (tCO2e) - 5,000 10,000 15,000 20,000 25,000 30,000 35,000 40,000 Page 45 of 102
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2.3.3 The graph below shows the organisation’s progress in reducing its Scope 3 emissions. As mentioned earlier within this report, work continues to identify the extent of the council’s Scope 3 emissions. Figure 5 Scope 3 Emissions since Baseline Year (tCO2e) 2.3.4 Scope 3 emissions for the reporting year are 28% lower than that of the pre- COVID year (2019/20) and this can be attributed to a decrease in waste-to- landfill and home working emissions. The overall reduction since baseline year is 23,593 tCO2e (59.1%). There have been increases in some waste streams however as they are related to recycling, they are viewed as a positive i.e. contributing to the reduction in waste to landfill emissions which per tonne incurs a larger emission factor. Whilst business mileage emissions have continued to increase it should be noted that it accounts for only 6.1% of Scope 3 emissions. Climate Plan ACT2030: Progress against carbon budgets Table 3 Carbon Budgets set with the Climate Plan ACT2030 (tCO2e) Annual Reduction Targets Buildings Transport Waste Annual Emissions Target Reduction from baseline 2021/22 49,205 5,973 12,133 67,311 42.5% 2022/23 46,745 5,855 12,133 64,733 44.7% 2023/24 44,408 5,737 12,133 62,278 46.8% 2024/25 42,187 5,619 10,355 58,161 50.3% - 5,000 10,000 15,000 20,000 25,000 30,000 35,000 40,000 45,000 - 10,000 20,000 30,000 40,000 50,000 60,000 Page 46 of 102
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2025/26 40,078 5,501 10,355 55,934 52.2% 2.4 The Climate Plan ACT2030 contains the targets and carbon budgets that we currently work to (Table 3). This section of the report examines the council’s progress against these. 2.4.1 The council’s footprint (2023/24) including and excluding the new sources is below the annual emission target of 62,278 tCO2e. The original footprint realised a 48.5% reduction from the baseline year. Figure 6 Thematic emissions performance (2023/24) 2.4.2 The ‘Net Zero Pathway’ will provide the Council with new interim and annual targets as well as carbon budgets beyond 2025, initially for a five-year period but also beyond. Given that climate action has and will continue during the Pathway’s development, it would be prudent for the Council to continue to work to the targets within the Climate Plan ACTG2030 for 2024/25 and 2025/26 to enable continuity of performance monitoring. Energy Policy 2.5 Committee will recollect that in last year’s report it was proposed that the Energy Policy would be reviewed as it targets although well-intended were overly ambitious. This work will now be incorporated within the new ‘Net Zero Pathway’ and will contribute to the evidence base for revised building related emission targets. Climate Action 2.6 This section highlights some of the Council’s Climate activity and actions. These actions contribute to reducing North Lanarkshire’s emissions as well as encouraging more sustainable practices within the area. 2.6.1 The City Deal Team (Place) have incorporated Carbon Management into their large-scale infrastructure projects through project development and in time, project delivery, to take account of the whole life cycle of a project, developing carbon management plans, where appropriate, to manage the impact of both the implementation and end use of the infrastructure. 2.6.2 Procurement. The councils 2023 – 2024 Procurement Strategy includes provision as to how the council will procure the Supplies, Works and Services that we need. In line with the legislative framework for sustainable public procurement in Scotland; we incorporate the following sustainable procurement objectives: 0 10,000 20,000 30,000 40,000 50,000 Building energy use (tCO2e) Transport (tCO2e) Waste (tCO2e) Consumption 2023/24 Budget 2023/24 Page 47 of 102
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• we have updated our internal procurement rules, documents and toolkits to reflect the new legislation; and • we will embed the use of sustainability tools within our procurement processes (e.g. the sustainability test, the prioritisation tool and the flexible framework). 2.6.3 Non-Domestic Energy Efficiency Project: For this project, the Council enters into a performance guarantee contract which ensures that savings projected via the delivery of various measures are assured. Due to the scale of the project the current phase has continued over from last year. The project is due to be completed later this month (February 2025) and will see energy conservation measures such as insulation, LED lighting and solar panels that will deliver a 25% reduction in energy use within targeted buildings and a reduction of 911tCO2e in building related emissions. 2.6.4 North Lanarkshire Energy Advice Service: This Service is funded by the UK Shared Prosperity Fund and is delivered by the Wise Group’s Home Energy Advice Team (HEAT) on behalf of the Council. The Service is available to vulnerable and/or fuel-poor households across North Lanarkshire that require support to resolve any energy-related issue and struggling to pay their energy bill. Advice and assistance are offered to households such as help reducing energy consumption as well as energy debt advocacy. This Service is due to conclude March 2025. 2.6.5 Work has continued and developed with volunteer groups at Greenhead Moss and Palacerigg Country Park, together with 7 Lochs volunteers, in carrying out practical conservation tasks as well as some path and pond construction projects. These volunteers gain huge benefits in terms of mental and physical health from being involved in these projects, often they are individuals who have struggled with their mental health and these opportunities provide a chance to reconnect with society and their environment. 2.6.6 The Council utilised funding from the Nature Restoration Fund totalling £556k to deliver a number of projects such as the seeding of native wildflower meadows in eight town parks and biodiversity enhancements in four cemeteries. 2.6.7 The New Build Team continue to produce quality, energy efficient housing in 2023/24: • A record 335 homes delivered meeting minimum EPC B rating. 19 net zero homes delivered. • First housing project in North Lanarkshire to utilise a ground source heat pump system commenced on site. • Zero-emission heating systems installed on several major housing sites. • Renewable technologies such as PV installed on all NLC new builds. • Fabric first approach on all NLC new build properties which includes enhanced insulation, window and doors standard. 2.6.8 Auchinlea Landfill Site. Following a review of Auchinlea Landfill Site a two- phase project (surface water management and leachate management) which commenced June 2024. Committee will note that the latter (leachate management) refers to water, such as rainfall, which has passed through the solid matter. In this case the solid matter is landfill. Therefore both aspects of the project were crucial to the environmental management of the site. Phase 1 Page 48 of 102
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has seen the installation of a passive surface water drainage system that has eliminated the need of costly diesel pumps. The Council will save over £60,000 per annum as a result of this. The second phase of the project is looking to treat the leachate onsite by creating a lagoon filtration system. Discussions are currently ongoing with SEPA. Should the project attain the necessary approvals, it will: • Enhance the biodiversity of the site • Realise an annual saving of £85,000 • Eliminate the transporting of leachate, off site, for treatment. 2.6.9 The Council continues to invest in our existing housing stock to ensure that we not only increase the energy efficiency of the properties but reduce carbon emissions and contribute towards meeting national net zero targets. Overall, 6,000 energy efficiency measures installed in our homes in 2023/24, with 462 properties having External Wall Insulation installed, 600 properties having their windows upgraded to Triple-Glazed Windows, 2,300 homes receiving Energy- efficient Heating, 1,900 homes had Solar Panels installed and 689 received Insulation Upgrades. As part of these works, we received funding from the Scottish Government’s Energy Efficient Scotland: Area Based Scheme, to install external wall insulation to flatted blocks in Kilsyth and Langloan. The amount invested in these areas is £3.4m, with £1m being funded by the Scottish Government to assist homeowners with the cost of the works. 2.6.10 Town and Community Hubs. Riverbank Community Hub opened in August 2023 and is a state of the arts facilities with multi-use flexible teaching areas and an 11-a side outdoor pitch. The Hub is a resource that serves the local community. Adaptation Plan 2.7 The Council has a duty to act in a way that supports the successful delivery of the Scottish National Adaptation Plan 2024-2029. The Council is already taking action to enable North Lanarkshire to become more resilient to climate change. This is known as adaptation. North Lanarkshire has already experienced some of the impacts of climate change: • Disruption to transport • Heavy rainfall contributing to surface water flooding • Increased risk of disruption to drainage systems • Increase in severe weather events: heat and cold. Table 4 Projected Changes in Climate within North Lanarkshire Page 49 of 102
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Source 1 Climate Report for North Lanarkshire (Met Office, 2024) 2.7.1 Some of the change to the climate is already locked in i.e. it is not likely to improve and so in the future we are likely to see warmer, wetter winters and hotter, drier summers with also an increase in intense rainfall events. The information in Table 4 illustrates projections based on a selection of global warming scenarios. 2.7.2 Table 5 provides an example of adaptation action carried out within the council, specifically by the Water Management Team: Table 5 Extract from Public Sector Climate Change Duties Report Flood Risk Management (FRM) • Water Management are developing a maintenance and inspection schedule for watercourses/culverts/debris screens. The proactive management of these assets would reduce flood risk and the impact of flooding by reducing the likelihood of blockages and failure of infrastructure. • Finalised a Strategic Flood Risk Assessment for the local authority area, which ranks Council areas in terms of flood risk to property. This document will allow the Council to prioritise actions to those areas at greatest flood risk. • Progression to outline design for the Kilsyth Flood Risk Reduction Scheme. The scheme proposes to protect 87 properties from flooding in a 1 in 100-year event from flooding from the Ebroch Burn and Garrel Burn. The Scheme is scheduled to be constructed by spring 2026. • Finalised the following actions from the Clyde and Loch Lomond Local Flood Risk Management Plan: o Phase 2 - Motherwell Surface Water Management Plan o Phase 2 - Cumbernauld Surface Water Management Plan • We are progressing the following actions, which are due for delivery before 2028: o Phase 2 - Kilsyth Surface Water Management Plan o Detailed Design of Kilsyth Flood Risk Reduction Scheme o Phase 2 - Airdrie Surface Water Management Plan o Airdrie - Floody Study and Optioneering o Bellshill - Flood Study and Optioneering • Flood studies and surface water management plans identify potential options that could be implemented to manage future flood risk within the study area. The intention is to further refine the options to those areas at greatest flood risk and deliver schemes to reduce the flood risk and impact, subject to budget and resource availability. Page 50 of 102
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2.7.2 The Net Zero Pathway will incorporate adaptation as of one its key themes and will be supported by direct and facilitating action. It will align with outcomes set within the national plan: • Nature Connects • Communities • Public Services and Infrastructure • Economy, Business and Industry • International Action Conclusions and Recommendations 2.8 The Council’s progress towards net zero emissions has slowed and requires a level of action that reflects the climate and biodiversity emergency that is faced. The Net Zero Pathway is in development and in its action planning, will look to determine solutions that will enable the Council to meet its climate change duties. Its success will be reliant on the Council’s commitment to resource these actions. 2.8.1 The Council has continued to deliver climate action and has realised good outcomes that goes beyond emission reductions such as helping those in fuel poverty and improving wider poverty outcomes as well as improving the physical and wellbeing of residents. Opportunities to collaborate with partners and co- produce with our communities should be fully explored as the Net Zero Pathway moves forward. 2.8.2 Adapting to a changing climate is an essential consideration for the Council and in order to meet its duties it must formalise our actions within the Net Zero Plan. Good work is already undertaken but our new net zero pathway will critically review the way forward. 3. Measures of success 3.1 Reduction in Emissions per Staff (tCO2e) 3.2 Reduction in Emissions per Capita (tCO2e) 3.3 Reduction in Emissions per km2 (tCO2e) 4. Supporting documentation Appendix 1 Organisational Targets Appendix 2 Breakdown of Emissions (2023/24) Appendix 3 Contents Page of Local Authorities Climate Change Plan Template (Draft, 2024) James McKinstry Chief Officer (Assets & Procurement) Page 51 of 102
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5. Impacts 5.1 Public Sector Equality Duty and Fairer Scotland Duty Does the report contain information that has an impact as a result of the Public Sector Equality Duty and/or Fairer Scotland Duty? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? If Yes, has an assessment been carried out and published on the council’s website? https://www.northlanarkshire.gov.uk/your-community/equalities/equality- and-fairer-scotland-duty-impact-assessments Yes ☐ No ☒ 5.2 Financial impact Does the report contain any financial impacts? Yes ☒ No ☐ If Yes, have all relevant financial impacts been discussed and agreed with Finance? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? Fulfilling the Council’s Climate Change Duties will require significant investment. Meaningful retrofit, ensuring the Council will meet the 2038 Heat in Buildings target, will require all buildings within the Council’s portfolio to undergo an intensive fabric first (insulation, roofs, windows etc) approach, supported by replacement of existing heating systems where natural gas is currently used. Climate change impacts on buildings, our road infrastructure and other systems that we deem essential to go about our daily lives. The cost of adapting these assets to the short and medium term risks faced is yet to be determined but it is acknowledged that this along with mitigation (deep retrofit) will require a significant resource which will exceed what is currently available to the council. 5.3 HR policy impact Does the report contain any HR policy or procedure impacts? Yes ☐ No ☒ If Yes, have all relevant HR impacts been discussed and agreed with People Resources? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.4 Legal impact Does the report contain any legal impacts (such as general legal matters, statutory considerations (including employment law considerations), or new legislation)? Yes ☐ No ☒ If Yes, have all relevant legal impacts been discussed and agreed with Legal and Democratic? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.5 Data protection impact Does the report / project / practice contain or involve the processing of personal data? Page 52 of 102
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Yes ☐ No ☒ If Yes, is the processing of this personal data likely to result in a high risk to the data subject? Yes ☐ No ☐ If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e- mailed to dataprotection@northlan.gov.uk Yes ☐ No ☐ 5.6 Technology / Digital impact Does the report contain information that has an impact on either technology, digital transformation, service redesign / business change processes, data management, or connectivity / broadband / Wi-Fi? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? Where the impact identifies a requirement for significant technology change, has an assessment been carried out (or is scheduled to be carried out) by the Enterprise Architecture Governance Group (EAGG)? Yes ☐ No ☐ 5.7 Environmental / Carbon impact Does the report / project / practice contain information that has an impact on any environmental or carbon matters? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? The performance reviewed within this report shows that emissions have continued to decline but as reported are slowing down. The commitment to producing a new climate plan (Net Zero Pathway) will critically review the way forward. 5.8 Communications impact Does the report contain any information that has an impact on the council’s communications activities? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.9 Risk impact Is there a risk impact? Yes ☒ No ☒ If Yes, please provide a brief summary of the key risks and potential impacts, highlighting where the risk(s) are assessed and recorded (e.g. Corporate or Service or Project Risk Registers), and how they are managed? Climate change is on the corporate risk register and there are controls/actions in place to mitigate different aspects of the risk. 5.10 Armed Forces Covenant Duty Does the report require to take due regard of the Armed Forces Covenant Duty (i.e. does it relate to healthcare, housing, or education services for in-Service or ex- Service personnel, or their families, or widow(er)s)? Yes ☐ No ☒ If Yes, please provide a brief summary of the provision which has been made to ensure there has been appropriate consideration of the particular needs of the Armed Forces community to make sure that they do not face disadvantage compared to other citizens in the provision of public services. Page 53 of 102
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5.11 Children’s rights and wellbeing impact Does the report contain any information regarding any Council activity, service delivery, policy, or plan that has an impact on children and young people up to the age of 18, or on a specific group of these? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact and the provision that has been made to ensure there has been appropriate consideration of the relevant Articles from the United Nations Convention on the Rights of the Child (UNCRC). If Yes, has a Children’s Rights and Wellbeing Impact Assessment (CRWIA) been carried out? Yes ☐ No ☒ Page 54 of 102
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Appendix 1 - Organisational targets1 Name of target Boundary/scope of target Year used as baseline Baseline figure (tCO2e) Target completion year Progress against target Comments Climate Emergency Target Net Zero (as amended May 2020) - All emissions All emissions 2015/16 117,075 2030/31 60,352 48.5% reduction from baseline excluding new additions to reporting year footprint. Target date 2030 Annual Emissions Reduction Target (from baseline) All emissions 2015/16 117,075 2023/24 60,352 48.5% reduction from baseline excluding new additions to reporting year footprint. Target date 2030 Annual Emissions Reduction Target: Buildings Energy use in buildings 2015/16 74,509 2023/24 40,686 45% reduction from baseline Annual Emissions Reduction Target: Transport Transport 2015/16 6,806 2023/24 6,147 10% reduction from baseline. Annual Emissions Reduction Target: Waste Waste 2015/16 35,760 2023/24 13,436 42% reduction from baseline 1 Section 3d Public Bodies Climate Change Duties Compliance Report Page 55 of 102
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Appendix 2 – Breakdown of emissions (2023/24)2 Emission source Scope Emissions (tCO2e) Trend Average car – Unknown (Commuting) Scope 3 1,731.6 New to Carbon Boundary Average local bus (Commuting) Scope 3 33.7 National rail (Commuting) Scope 3 7.0 Transmission and distribution - Electricity: UK Scope 3 1,365.8 Electricity: UK Scope 2 15,786.6 Natural gas Scope 1 22,672.1 Water supply Scope 3 72.1 Water treatment Scope 3 130.1 Burning oil (Kerosene) Scope 1 44.6 Wood chips Scope 1 35.2 Gas oil Scope 1 304.3 Household/Municipal/Domestic waste - Landfill Scope 3 10,530.9 Commercial and industrial waste - Landfill Scope 3 970.9 Organic: food and drink waste - Composting Scope 3 4.1 Organic: mixed food and garden waste - Composting Scope 3 193.9 Organic: garden waste - Composting Scope 3 6.1 Paper and board: board - Composting Scope 3 73.4 WEEE - mixed - Combustion Scope 3 26.8 Glass - Recycled Scope 3 139.8 Metal: mixed cans - Recycled Scope 3 171.1 Household/Municipal/Domestic waste/Industrial - Combustion Scope 3 776.8 Petrol (average biofuel blend) Scope 1 353.3 Diesel (average biofuel blend) Scope 1 4,801.0 Landfill gas Scope 1 0.1 Average car - Diesel Scope 3 367.9 Average car - Petrol Scope 3 603.8 Average car - Unknown Scope 3 21.0 Homeworking (office equipment + heating) Scope 3 358.7 Mixed dry recyclates - Recycled Scope 3 541.9 - HFC-32 Scope 1 0 New to Carbon Boundary R407C Scope 1 0 R410A Scope 1 0 R22 Scope 1 0 62,124.5 tCO2e 2 Section 3b Public Bodies Climate Change Duties Compliance Report Page 56 of 102
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Appendix 3 Contents Page of Local Authorities Climate Change Plan Template (Draft, 2024) Page 57 of 102
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North Lanarkshire Council Report Environment & Climate Change Committee Does this report require to be approved? ☒ Yes ☐ No Ref MF/PB Date 05/02/25 Review of Strategy for the Inspection of Contaminated Land 2025- 2030 From Lyall Rennie, Chief Officer (Community Operations) E-mail RennieLy@northlan.gov.uk Telephone 07855 193500 Executive Summary Following approval of the Council’s Environment Pathway document (which replaced the Council’s Environment Strategy) at this committee on 3 May 2023 Document.ashx, this report presents elected members with the latest review of the Council’s Contaminated Land Strategy undertaken by Environmental Health’s Pollution Control service, including an update on the progress to date and the strategic priorities, aims, objectives and review timelines for the strategy. Recommendations It is recommended that the Environment & Climate Change Committee: (1) Acknowledge the contents of the report; and (2) Endorse and approve this strategy for the inspection of contaminated land. The Plan for North Lanarkshire Priority Improve the health and wellbeing of our communities Ambition statement (3) Maximise the use of our marketable land and assets through improved development in business and industrial infrastructure Ambition statement (16) Transform our natural environment to support wellbeing and inward investment and enhance it for current and future generations Ambition statement (17) Ensure we keep our environment clean, safe, and attractive Programme of Work Statutory / corporate / service requirement Item 5 Page 59 of 102
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1. Background 1.1 The vision for North Lanarkshire to be a place of inclusive growth and prosperity for all was founded on the evidence presented in the report ‘A Shared Ambition for North Lanarkshire’ in September 2018. This report set out the operating framework required for the Council to enhance the alignment of, and synergies between, strategic and operational functions to successfully deliver on the vision which was thereafter formalised through approval of ‘The Plan for North Lanarkshire’ and associated local development plans Current North Lanarkshire Local Development Plan | North Lanarkshire Council. The contaminated land strategy supports these Council aims and objectives in developing the area sustainably for the benefit of our communities. 1.2 The implementation of the Council’s Environment Pathway document followed a review and assessment of the Environment Strategy. The Pathway is aligned to the Shared Ambition and Plan for North Lanarkshire documents as it brings together separate but related strategies, policies and plans to ensure a one Council approach to the environment and that we continue a route of inclusive growth, including the inspection strategy for contaminated land. Significant resources are deployed in the management, maintenance and construction of our environment and it is essential that these are deployed to deliver the best possible outcomes for North Lanarkshire’s communities. 1.3 It is essential that the Council recognises the importance that the environment plays in the day-to-day life of people who live, work and visit North Lanarkshire. A key part of the overall Environment Pathway document is the Council’s Contaminated Land Strategy which details how the Council will fulfil its’ statutory duties, protect human health and the environment whilst at the same time assisting with economic regeneration. 2. Report 2.1 Part IIA of the Environmental Protection Act 1990 imposes duties upon local authorities relevant to contaminated land. These include: • To inspect their areas to identify any contaminated land; • To determine whether individual sites meet the statutory definition of contaminated land; • To ensure that appropriate action is taken for the remediation of the land; and • To keep a public register of the sites designated as contaminated land and actions taken to remediate. 2.2 The Council published its first strategic document outlining our approach to fulfilling the statutory duties placed upon us in respect of contaminated land in August 2001. The original inspection strategy document has been updated several times in subsequent years, and the inspection strategy enclosed as Appendix 1 is the latest strategy review, noting the development of our policy and how we intend to take matters forward. We aim to prioritise sites of most concern, take proportionate actions based upon an assessment of the actual or potential risk/s posed by sites, and ensure that resources are effectively directed toward the sites where we believe we are most likely to encounter contaminated land. 2.3 Aligned to the Plan for North Lanarkshire’s Programme of Work, the inspection strategy is part of the larger regeneration toolkit employed by the Council. We will continue to work closely with Planning and Building Standards colleagues to ensure a rigorous review of new development applications provides us with an increase in the standard of remediation associated with land development in North Lanarkshire. Page 60 of 102
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2.4 This inspection strategy document recognises and reflects the overall strategic direction of the Council, taking account of the Programme of Work and the ‘One Service’ ethos, to ensure that services are delivered in a streamlined, efficient and collegiate fashion, maintaining the overall vision of inclusive growth and prosperity for all. The strategy aims to assist in the delivery of the Programme of Work to 2028 and beyond in relation to: • Providing appropriate land supplies to meet expected demands; • Safeguarding and improving environmental assets; and • Seeking to minimise environmental impact. 2.5 This Council is one of only 5 local authorities in Scotland which receives funding in respect of the extent of vacant and derelict land (VDL) within the area and associated levels of deprivation (the other authorities being Glasgow, South Lanarkshire, North Ayrshire and Fife. The latest VDL site register from 2023 noted that the Council had 462 sites with a total area of 1,292 Hectares within North Lanarkshire classified as vacant and derelict. VDL related funding for 2024-2025 was set at £1.231 million to support us in implementing the objectives of the VDL fund to: • tackle long term vacant and derelict land; • stimulate economic growth and job creation; • develop a diverse sustainable environment with a focus on temporary and permanent greening; and • support communities to flourish and tackle inequalities. 2.6 North Lanarkshire has a historic legacy of large scale heavy industry and as a consequence we focus on the areas of potential historical contamination that require attention as we pursue the development plans for the Council. Since the implementation of the strategy, a number of previously identified contaminated land sites have been partly or completely remediated; this process has increased in importance as we continue to regenerate the area in line with agreed strategic goals. 2.7 Allied to the remediation of land, preventing deterioration of the water environment, including drinking water resource, is a key purpose of the strategy. We want to improve the condition of water bodies and protected areas that are not in a ‘good’ or ‘moderate’ condition, as defined by the SEPA River Classification https://informatics.sepa.org.uk/WaterClassificationHub/. 2.8 The Council’s priorities when dealing with contaminated land are to: • Protect – Human health The water environment Designated ecosystems • Prevent – Damage to property Further contamination of land • Encourage – Voluntary remediation Re-use of brownfield sites • Stimulate – Economic growth 2.9 To help us deliver on these priorities, the objectives of the strategy include: • To inspect our area from time to time to identify contaminated land; • To determine whether a particular site meets the definitions of contaminated land as defined under Part IIA; Page 61 of 102
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• To establish responsibility and liability for remediation of contaminated land; • To ensure that appropriate remediation of contaminated land takes place; • To keep a public register detailing regulatory action as defined under Part IIA; • To assist in the delivery of the Plan for North Lanarkshire by improving the health and care of our communities and encouraging economic growth and development; • To recognise and incorporate recent legislative changes; • To update the CL strategy by providing greater detail of the approach being taken by North Lanarkshire when investigating potentially contaminated land sites based on past experiences; and • To inform neighbouring authorities, partner organisations, statutory and non- statutory consultees of North Lanarkshire Council the aims and objectives of the strategy. 2.10 The Council is obliged to maintain a public register containing the details of contaminated land sites as prescribed by Regulation. This register is maintained and available for inspection upon request from the Pollution Control team within Protective Services. 2.11 It is our intention to review the strategy every 5 years unless a change in legislation or other external factor necessitates an earlier review. 3. Measures of success 3.1 Paragraphs 2.8 and 2.9 relate, as will the Council’s ongoing plans which this strategy will assist with ensuring that North Lanarkshire is the place to live, learn, work, invest and visit. 4. Supporting documentation 4.1 Appendix 1 - Review of Strategy for the Inspection of Contaminated Land 2025-2030. Lyall Rennie Chief Officer (Community Operations) Page 62 of 102
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5. Impacts 5.1 Public Sector Equality Duty and Fairer Scotland Duty Does the report contain information that has an impact as a result of the Public Sector Equality Duty and/or Fairer Scotland Duty? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? If Yes, has an assessment been carried out and published on the council’s website? https://www.northlanarkshire.gov.uk/your-community/equalities/equality-and-fairer- scotland-duty-impact-assessments Yes ☐ No ☐ 5.2 Financial impact Does the report contain any financial impacts? Yes ☐ No ☒ If Yes, have all relevant financial impacts been discussed and agreed with Finance? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.3 HR policy impact Does the report contain any HR policy or procedure impacts? Yes ☐ No ☒ If Yes, have all relevant HR impacts been discussed and agreed with People Resources? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.4 Legal impact Does the report contain any legal impacts (such as general legal matters, statutory considerations (including employment law considerations), or new legislation)? Yes ☐ No ☒ If Yes, have all relevant legal impacts been discussed and agreed with Legal and Democratic? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.5 Data protection impact Does the report / project / practice contain or involve the processing of personal data? Yes ☐ No ☒ If Yes, is the processing of this personal data likely to result in a high risk to the data subject? Yes ☐ No ☐ If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e- mailed to dataprotection@northlan.gov.uk Yes ☐ No ☐ 5.6 Technology / Digital impact Does the report contain information that has an impact on either technology, digital transformation, service redesign / business change processes, data management, or connectivity / broadband / Wi-Fi? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? Page 63 of 102
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Where the impact identifies a requirement for significant technology change, has an assessment been carried out (or is scheduled to be carried out) by the Enterprise Architecture Governance Group (EAGG)? Yes ☐ No ☐ 5.7 Environmental / Carbon impact Does the report / project / practice contain information that has an impact on any environmental or carbon matters? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.8 Communications impact Does the report contain any information that has an impact on the council’s communications activities? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.9 Risk impact Is there a risk impact? Yes ☐ No ☒ If Yes, please provide a brief summary of the key risks and potential impacts, highlighting where the risk(s) are assessed and recorded (e.g. Corporate or Service or Project Risk Registers), and how they are managed? 5.10 Armed Forces Covenant Duty Does the report require to take due regard of the Armed Forces Covenant Duty (i.e. does it relate to healthcare, housing, or education services for in-Service or ex- Service personnel, or their families, or widow(er)s)? Yes ☐ No ☒ If Yes, please provide a brief summary of the provision which has been made to ensure there has been appropriate consideration of the particular needs of the Armed Forces community to make sure that they do not face disadvantage compared to other citizens in the provision of public services. 5.11 Children’s rights and wellbeing impact Does the report contain any information regarding any council activity, service delivery, policy, or plan that has an impact on children and young people up to the age of 18, or on a specific group of these? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact and the provision that has been made to ensure there has been appropriate consideration of the relevant Articles from the United Nations Convention on the Rights of the Child (UNCRC). If Yes, has a Children’s Rights and Wellbeing Impact Assessment (CRWIA) been carried out? Yes ☐ No ☐ Page 64 of 102
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Appendix 1 NORTH LANARKSHIRE COUNCIL STRATEGY FOR THE INSPECTION OF CONTAMINATED LAND 2025 – 2030 Page 65 of 102
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Version control Author Mark Findlay Contact findlaym@northlan.gov.uk Owner Lyall Rennie Contact Renniel@northlan.gov.uk Date 20th December 2024 Version 1.0 Document Status Final Governance Committee Environmental and Climate Change Date Approved February 2025 Review Date February 2030 Strategic Alignment Consultation and Distribution Record Consultation process Stakeholder meetings and liaison as described in clause 11.1 Stakeholders SEPA, Internal Council Services, NHS Lanarkshire, Scottish Government Distribution Publication on NLC website and document sent to partners Change Record Date Insert Date Author Insert Name Change made Page 66 of 102
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CONTENTS Chapter 1: Introduction 4 Chapter 2: Strategic Priorities 5 2.1 North Lanarkshire Council Policy 6 2.2 The Plan for North Lanarkshire 6 2.3 Local Plan Policy Document 6 2.4 Regeneration 7 2.5 Environment Pathway 7 2.6 The Scottish Vacant and Derelict land Survey and the Vacant and Derelict Land Fund 8 Chapter 3: Regulatory Context Applicable to North Lanarkshire 9 3.1 Role of Local Authority 10 3.2 Definition of Contaminated Land under Part IIA 10 3.3 Pollution Linkage 11 3.4 Significant Pollution Linkage 12 3.5 Suitable for Use 12 Chapter 4: Characteristics of the North Lanarkshire Area 12 4.1 Geographical Location 12 4.2 Size 13 4.3 Current Land Use Characteristics 13 4.4 Historical Information on Contamination 13 4.5 Updated Information on Contamination 14 4.6 Key Water Resources/Protection Issues 14 Chapter 5: Overall Aims, Objectives and Timescales 15 5.1 Aims of the Inspection Strategy 15 5.2 Objectives of the Contaminated Land Strategy 16 5.3 Priorities 17 Chapter 6: Procedures 18 6.1 Geo-Environs Site Prioritisation Module 18 Chapter 7: Remediation 20 Chapter 8: Information Management 21 Chapter 9: Public Registers 21 Chapter 10: Complaints and Requests for Information 21 Chapter 11: Liaison and Communication 22 11.1 Liaison with Consultees and Statutory Consultees - Table 1: List of Consultees 22 Chapter 12: Review Mechanisms 23 Chapter 13: Progress to Date and Timescales 23 13.1 Progress to Date - Table 2: Year on Year Progress 23 13.2 Future Tasks & Timescales - Table 3: Detailed Objectives, Actions & Proposed Timescales 24 Page 67 of 102
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Chapter 1: Introduction A new statutory regime came into force in July 2000 when the Environmental Act 1995 modified the Environmental Protection Act 1990 with regards to the regulatory powers available to Local Authorities for dealing with contaminated land. These provisions are commonly referred to as Part IIA. To supplement and enforce these provisions, Scottish Ministers also introduced the Contaminated Land (Scotland) Regulations 2005 and the Radioactive Contaminated Land (Scotland) Regulations 2007. The duties imposed on Local Authorities are: To inspect their areas from time to time to identify any contaminated land To determine whether a particular site meets the statutory definition of contaminated land To establish responsibilities for remediation of the land To ensure that appropriate remediation takes place: • Through agreement with those responsible, or • By serving a remediation notice on the appropriate person(s) • In certain cases, carrying out these works themselves • In certain cases, through the use of other powers To keep a public register detailing those sites designated as contaminated land and actions taken thereby. In August 2001, North Lanarkshire Council published a strategic document outlining the authority’s approach to using these powers entitled, “The Inspection Strategy for the Identification of Contaminated Land” and supplemented this with various updates with the last update being in 2019. This document provides the latest review of the information, updated strategy and outlines the way in which North Lanarkshire Council intends to use the powers under Part IIA to progress its inspection strategy. North Lanarkshire Council intends to continue to inspect its area using a strategic approach, which will: Be rational, ordered and efficient Be proportionate to the seriousness of the actual or potential risk Seek to ensure that the most pressing and serious problems are located first Ensure that resources are concentrated on investigating areas where the authority is most likely to find contaminated land; and Ensure that the authority efficiently identifies requirements for the detailed inspection of particular areas of land Land contamination can be a potential constraint on development. This strategy recognises the pivotal role played by the planning and development cycle in regenerating previous industrial sites, particularly where, as is the case for North Lanarkshire, the desire is to improve Page 68 of 102
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the long term economic and social development of the area. The urbanised nature of much of North Lanarkshire with many sites identified as potentially contaminated in the initial stages of the regime have been subject to redevelopment and subsequent work under Planning Advice Note 33 (Plan 33). As such this strategy seeks, whenever possible, to work within this broad policy framework. The strategy aims to be part of a larger regeneration toolkit available to North Lanarkshire and where possible combines the aims to deliver sites that are suitable for use and for further development, encouraging long-term economic and social benefit to the local population and communities. To improve understanding of Part IIA, the Pollution Control Team have worked hard to establish effective communications with various services including but not limited to Planning, Building Standards, Education, Estate Development, Housing Development, City Deal and Greenspace. Regular communication with colleagues from these service areas takes place to ensure common goals around the Programme of Work are aligned. This in turn raises the standard and scope of the supporting information submitted with planning applications where land is contaminated and will require site investigations and remediation. Robust peer review of applications has achieved increased standards of remediation associated with land development and consistency around our approach to this work has helped reduce the amount of potentially contaminated land sites in North Lanarkshire since the introduction of the regime. North Lanarkshire remains committed to seeking voluntary remediation as the preferred approach and thereby avoiding the need to serve formal notices under Part IIA. This approach is considered the most effective approach in the majority of situations for providing land “suitable for use” that can be used to the long-term benefit of the residents and businesses within North Lanarkshire. The authority also recognises the potential risk to the water environment posed by contaminated land and development work on such land. North Lanarkshire remains committed to working with the Scottish Environment Protection Agency (SEPA) on policy and regulatory practice as part of their responsibilities arising from the implementation of the Water Framework Directive (WFD). At the time of writing this strategy we envisage that there will be some legislative and regulatory change concerning the water environment and the council will monitor any changes to ensure it takes account of these. It is North Lanarkshire Council’s intention that the reviewed Inspection Strategy for the Identification of Contaminated Land will continue to form the basis for implementation of the Part IIA legislative requirements. The Strategy will provide not only the arrangements and procedures for inspection of land within North Lanarkshire but also a justification for, and a transparency in the decisions on how the land will be inspected. It is considered that any reprioritisation would take into consideration the responsibilities that would be required under the WFD to consider any potential risk to the water environment - in particular, where the water body status is at risk of deterioration. Page 69 of 102
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Chapter 2: Strategic Priorities The Contaminated Land Strategy is an important element in the overall strategic direction of the Council and integrates fully with the Council’s key strategic documents. 2.1 North Lanarkshire Council Policy The Contaminated Land Strategy will be an essential part in delivering key elements of The Plan for North Lanarkshire and the Programme of Work which will regenerate land and provide facilities for communities over the coming years to ensure that North Lanarkshire is the place to live, learn, work invest and visit. The priorities of the Plan to deliver the shared ambition of inclusive growth and prosperity, mean that our work will be focused to: 1. Improve economic opportunities and outcomes 2. Support all children and young people to realise their full potential 3. Improve the health and wellbeing of our communities 4. Enhance participation, capacity, and empowerment across our communities 5. Improve North Lanarkshire’s resource base 2.2 The Plan for North Lanarkshire The Plan for North Lanarkshire sets the direction for the Council and partners. Its purpose is to communicate the shared priorities and provide a focus for activities and resources. The Plan for North Lanarkshire is a high-level strategic document that outlines a long-term vision for North Lanarkshire - a vision where North Lanarkshire is the place to Live, Learn, Work, Invest, and Visit. The Plan for North Lanarkshire | North Lanarkshire Council 2.3 Local Development Plan Planning colleagues are preparing the next Local Development Plan – North Lanarkshire Local Development Plan 2 (NLLDP2). The LDP is an important document that sets out the policies and proposals for land use and development in North Lanarkshire. It will set out the future for development, for example, where new housing, business, and infrastructure will be located. The timeline for its preparation is set out in the Development Plan Scheme and Participation Statement, with the adoption of NLLDP2 expected in 2027. Page 70 of 102
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Further details in relation to the current local development plan and the development of the new plan along with local place plans can be found at Development plans | North Lanarkshire Council 2.4 Regeneration North Lanarkshire Council’s refreshed Economic Regeneration Delivery Plan (ERDP) was published in 2023 and can be found here: Economic Regeneration Delivery Plan | North Lanarkshire Council The North Lanarkshire ERDP sets out a high-level framework for improving economic opportunities and outcomes for all. The 2023-28 ERDP aims to do this by directing capital investment towards four key goals: • developing housing that promotes improved quality of life and creates a better place to live. • reshaping our town centres to ensure that these provide modern and attractive centres that meet the needs of our communities. • improving our business and industrial infrastructure, creating opportunities for investment and for companies to start-up and relocate here; and • continuing to improve our connectivity and develop new opportunities by transforming our road, rail and digital infrastructure. The ERDP encompasses new housing development, infrastructure development, town centre regeneration and business growth, and will build on the wide range of emerging economic and physical regeneration activity that is already underway in North Lanarkshire. This will include: • Creating viable and sustainable town centres, increasing delivery of new housing supply across tenures, particularly within town centres and on brownfield sites, to meet the housing needs within NL; • Improving our business and industrial infrastructure, creating opportunities for investment which include continuing to support enabling investment to bring vacant and derelict land and brownfield sites into commercial use within NL; • Improving economic outcomes for local people, and in particular those who are disadvantaged; and • the Plan for Growth identifies the main priorities for growing the North Lanarkshire economy over the next five years and how this will be achieved. This strategy complements and reinforces the approach outlined in the ERDP Plan for North Lanarkshire and within the contaminated land strategy there is a focus on what Pollution Control can do to assist in the development of the local economy by helping bring the most appropriate sites back into suitable use. Page 71 of 102
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2.5 Environment Pathway Environment Pathway | North Lanarkshire Council The purpose of the Environment Pathway for the Council, which was implemented following a review and assessment of the Environment Strategy, is to align and connect separate but related strategies, policies and plans to ensure a one Council approach to the environment that ensures we continue with a route to inclusive growth by bringing these policies together. Significant resources are deployed in the management, maintenance and construction of our environment and it is essential that these are deployed to deliver the best possible outcomes for North Lanarkshire’s communities. It is essential that the Council recognises the importance that the environment plays in the day-to-day life of people who reside, work in and visit North Lanarkshire. This includes everything from the air we breathe to how we travel throughout the area, and how we maximise the use of our green and open spaces. The importance of this has recently been recognised in the Council’s declaration of a Climate Emergency and the setting of a challenging net-zero target for 2030 with the importance of high quality, local environments being highlighted during the recent pandemic. The Contaminated Land Strategy forms a key part of this overall Environment Pathway document and is aligned with the strategic priorities which aim for the Council to deliver on environmental improvements for communities. 2.6 The Scottish Vacant and Derelict Land Survey (SVDLS) and the Vacant and Derelict Land Fund (VDLF) The SVDLS is a survey undertaken to establish the extent and state of vacant and derelict land in Scotland. The survey has been operating since 1988 and is managed by the Scottish Government Communities Analytical Services. Most Councils submit data annually at the end of the financial year. The data collected provides an invaluable source of information relating to vacant and derelict sites and assists in reinforcing and justifying national policy established to bring about the re-use and regeneration of these land resources. The site register for 2023 indicates that there are 462 sites with a total area of 1,292 Hectares within NL classified as vacant and derelict. A copy of the most up to date Vacant and Derelict Land Register can be found here: Scottish Vacant and Derelict Land Survey - site register - gov.scot (www.gov.scot) The VDLF is an element of the local government budget settlement as agreed by the Scottish Government. It focuses on projects that promote innovation in both temporary and longer- term greening techniques for vacant and derelict land sites. The fund is open to all 32 Scottish local authorities individually, or whether they exercise their functions through urban regeneration companies (URCs) or other special purpose vehicles (SPVs). Only 5 local authorities currently obtain funding, and North Lanarkshire is one of them. The NL share of funding for 2024/25 was £1.231million, reflecting the extent of vacant and derelict land in the authority linked with associated levels of deprivation. Currently, 69% of the population in North Lanarkshire live within 500m of a derelict site. The other four authorities that receive funding are Glasgow, South Lanarkshire, North Ayrshire and Fife. Page 72 of 102
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Scottish Vacant and Derelict Land Survey 2023 - gov.scot (www.gov.scot) https://www.gov.scot/policies/regeneration/capital-investment/ The key objectives of the VDLF are to: 1. Tackle Long Term Vacant and Derelict Land (VDL) 2. Stimulate economic growth and job creation 3. Develop a diverse sustainable environment with a focus on temporary and permanent greening 4. Support communities to flourish and tackle inequalities Bringing abandoned and unloved urban places back into productive use can help to tackle climate change, improve health and wellbeing, create more resilient communities and rebuild the NL economy in a way that helps everyone achieve their full potential. In 2018, the Scottish Land Commission and SEPA jointly established a national taskforce to help realise this opportunity. The Vacant and Derelict Land Taskforce brought together senior representatives from around 30 businesses, public bodies and third sector organisations who have spent two years working to transform the existing approach to bringing vacant and derelict land back into productive use. The Taskforce has made a series of recommendations to the Scottish Government to transform Scotland’s approach to tackling the legacy of derelict land and ensure that it is no longer acceptable to allow land to fall into long term disrepair and they can be found here: Vacant and Derelict Land Taskforce - Housing & Development - Our work - Scottish Land Commission Working with SEPA and the Green Action Trust, the Scottish Land Commission have published a map of long-term, derelict urban sites (DUSTEs), which includes ownership details for each site. Landowners, including local authorities, are being asked to make a public commitment to taking proactive steps to address the vacant and derelict sites identified. Transforming Vacant and Derelict Land - Housing & Development - Our work - Scottish Land Commission The above linked report highlights the various funding landscapes and updates the current thinking around progressing with the reuse of existing VDL sites and preventing future sites from becoming VDLs. North Lanarkshire is attempting to source funding from a variety of different streams and will take cognisance of the recommendations outlined in the report. Vacant and Derelict Land Reuse: Progress Report 2024 (landcommission.gov.scot) Chapter 3: Regulatory Context Applicable to North Lanarkshire The contaminated land provisions of Part IIA of the Environmental Protection Act 1990 came into force in Scotland on 14 July 2000. The Scottish Ministers made the Environment Act 1995 (Commencement No.17 and Saving Provision)(Scotland) Order 2000 (SSI.2000/180) bringing into force Part IIA of the Environmental Protection Act 1990. Part IIA was inserted into the 1990 Act by Section 57 of the Environment Act 1995. Page 73 of 102
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The Scottish Ministers, in exercise of the powers conferred upon them by sections 78C (8) to(10), 78E (6), 78G (5) and (6), 78L (4) and (5) and 78R (1), (2) and (8) of the Environmental Protection Act 1990 and of all other powers enabling them made the Contaminated Land (Scotland) Regulations 2000 (S.I.2000/178), and SERAD Circular 1/2000 Statutory Guidance on Contaminated Land. Subsequently, and as a result of the Contaminated Land (Scotland) Regulations 2005 (SSI 2005/658) (the Scottish Regulations) made by the Scottish Ministers under powers conferred by section 20 of, and schedule 2 to, the Water Environment and Water Services (Scotland) Act 2003. Circular SERAD 1/2000 has been replaced by the statutory guidance as set out in Annex 3 to the Environmental Protection Act 1990: Part IIA Contaminated Land Statutory Guidance: Edition 2, May 2006. Radioactive Contaminated Land (Scotland) Regulations 2007 (as amended) were brought into force for the investigation, identification, characterisation and regulation of radioactive contaminated land for which SEPA would take the lead role. The Regulatory Reform (Scotland) Act 2014 amends the Environmental Protection Act 1990, giving SEPA the choice to end the designation of a special site that no longer meets the requirements of being so designated. In these circumstances, the local authority resumes the responsibility as the lead regulator. The development of this strategy review is in response to the requirements of Part IIA, which requires local authorities to keep up to date their formally adopted and published Contaminated Land strategy document outlining their approach to their duties. 3.1 Role of Local Authority Under the provisions, duties have been assigned to both Local Authorities and SEPA. The primary regulatory role for the Contaminated Land Regime rests with the Local Authority. The role is designed to reflect the Authority’s existing functions under the statutory nuisance regime, and also complement their responsibility as planning authorities. The main role of the Local Authorities under this regime is to complete a ‘Contaminated Land Inspection Strategy’ and: • To cause their areas to be inspected from time to time to identify any contaminated land • To determine whether a particular site meets the statutory definition of contaminated land • Establish responsibilities for remediation of the land • Ensure that appropriate remediation takes place through agreement with those responsible preferably through planning development, or if not possible • By serving a remediation notice, or • In certain cases, the authority decides to carry out the work, or • In rare circumstances, through our powers Page 74 of 102
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• Keep a public register detailing any regulatory action taken under the CL regime 3.2 Definition of Contaminated Land under Part IIA Section 78A(2) of the Environmental Protection Act 1990 gives the statutory definition of contaminated land for the purposes of Part IIA as: “Any land which appears to the local authority in whose area it is situated to be in such a condition, by reason of substances in, on or under the land, that- a) significant harm is being caused or there is a significant possibility of such harm is being caused; or b) significant pollution of the water environment is being caused or there is a significant possibility of such pollution being caused”. The definition is intended to reflect the anticipated role of Part IIA, thus enabling the identification and remediation of land on which contamination is causing unacceptable risk to human health or the wider environment. The definition does not necessarily include all land where contamination is present, even though the contamination may be relevant in the context of other legislation. Section 78A(5) requires the regulatory authority to act in accordance with guidance contained within Scottish Executive Circular 1/2000 in determining significance and likelihood, now replaced by the Contaminated Land (Scotland) Regulations 2005 (SSI 2005/658) (the 2005 Regulations). 3.3 Pollution Linkage Before any Local Authority can make a judgment that any land appears to be contaminated land, the Authority must first identify a pollution linkage which is now well established. This means that each of the following has to be identified: • A contaminant • A pathway • A relevant receptor A contaminant is defined as: “a substance which is in, on or under the land and which has the potential to cause harm or to cause pollution to the water environment”. A receptor is defined as: (a) “a living organism, a group of living organisms, an ecological system or a piece of property which 1. Is in a category listed in Table A, in Chapter A of the Scottish Government, Environmental Protection Act 1990, Part IIA Contaminated Land Statutory Guidance: Edition 2 May 2006 Paper SE/2006/44 as a type of receptor, and Page 75 of 102
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2. Is being, or could be, harmed by a contaminant, or (b) "the water environment is being, or could be, polluted by a contaminant”. A pathway is defined as: One or more routes or means by, or through, which a receptor (a) “is being exposed to, or affected by, a contaminant, or (b) could be so exposed or affected”. This approach recognises that harm to health and the environment arises not from the mere presence of contaminating substances in land, but from their movement along a pathway to where they can cause harm to a receptor. Unless all three elements of a pollutant linkage are identified in respect to any piece of land, that land should not be identified as contaminated land. It is also possible that there may be more than one pollution linkage on any given piece of land. 3.4 Significant Pollution Linkage In order to define an area of land as being contaminated under the legislation, a Local Authority must further satisfy itself that such a pollutant linkage exists in respect of the piece of land, and that pollutant linkage: • is resulting in significant harm being caused to the receptor in the pollution linkage • presents a significant possibility of significant harm being caused to that receptor • is resulting in significant pollution of the water environment or there is a significant possibility of such pollution being caused; and/or • is likely to result in such pollution. Descriptions of significant harm and conditions for there being a significant possibility of significant harm are listed in Tables A and B respectively of the Scottish Government Environmental Protection Act 1990: Part IIA Contaminated Land Statutory Guidance: Edition 2 May 2006 Paper SE/2006/44. Consideration must also be given to the timescale within which the harm might occur (e.g. if the current use of the land is due to change) and the vulnerability of the receptors. 3.5 Suitable for Use The Regulations are aimed at identification and dealing with significant contamination in Scotland, and only specify a ‘suitable for current use’ approach. The suitable for current use approach recognises that the risks presented by contamination will vary dependent upon the use of the land and other wider natural and built factors. The suitable for use approach consists of three elements: • Ensuring land is suitable for its current use; • Ensuring land is made suitable for any new use, as planning permission is given for that new use; and Page 76 of 102
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• Limiting requirements for remediation to the work necessary to prevent unacceptable risks to human health and/or the environment in relation to the current use or future use of the land for which planning permission is being sought. Chapter 4: Characteristics of the North Lanarkshire Area 4.1 Geographical Location North Lanarkshire lies within the basin of the River Clyde and its tributaries, most notably the Kelvin, North Calder Water and South Calder Water. There are areas of high ground along the Central Scotland plateau in the east of the area and in the Kilsyth Hills to the north. Economically and socially, the area is strongly linked with the city of Glasgow and other communities of the Clyde Valley and City Deal region. Situated in the heartland of Central Scotland, major transport routes play a critical role in the North Lanarkshire economy. Radiating from Glasgow the A80/M80 is the main strategic link to Falkirk, Stirling and the north of Scotland, the A8/M8 is the primary link with Edinburgh and the east of Scotland and the M74 along the southern boundary of North Lanarkshire is Scotland’s major link to the south. The major rail passenger and freight rail routes from Glasgow to Edinburgh and the main Scotland/England routes all run through the area. 4.2 Size North Lanarkshire covers 47,222 hectares, just over a quarter of which is urban, with development land covering 3,439 hectares and agricultural land covering 18,066 hectares. The National Records of Scotland estimated the population of North Lanarkshire in June 2022 to be 340,930, the 4th highest population out of the 32 local authority areas in Scotland. The area provides 48% of all the industrial land developed in Glasgow and the Clyde Valley City Region. Vacant and derelict land continues to account for over 10% of the urban area. 4.3 Current Land Use Characteristics Current land use in North Lanarkshire Council reflects the growing trend in much of the west coast of Scotland where significant regeneration is taking place. As traditional heavy industry has declined, much of the vacant and derelict land left behind has been used to provide residential, commercial and light industrial development sites. Heavy industry remains although largely contained within established industrial sites scattered throughout the authority. The Scottish Vacant and Derelict Land Survey of 2023 shows that North Lanarkshire Council is no longer the Authority with the largest percentage (by area) of Derelict and Urban Vacant land in Scotland, the figures dropping from 1,429 Ha in 2010 to 1,292 Ha in 2023. Scottish Vacant and Derelict Land Survey 2023 - gov.scot (www.gov.scot) 4.4 Historical Information on Contamination Page 77 of 102
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North Lanarkshire has a wide and varied industrial legacy due to the abundance of raw materials such as coal and iron ore. The area was heavily industrialised by processes such as mining and quarrying, gas works, steel works and associated chemical works along with rail infrastructure. This has left large areas of potential historical chemical contamination that require attention. Equally, the rural parts of the district remained largely tied to agriculture, intermixed with quarrying for raw material such as sand and stone to supply local industry. In order to provide the necessary transport infrastructure that enable large scale industrial development, extensive evidence of old railway lines, stations and storage facilities intersect many parts of the urbanised areas of North Lanarkshire. While many of these lines have acted as the basis of the current rail provision, some parts of the authority evidence old mineral railway connections, which present a particular challenge when dealing with possible contaminated sites. Many of the towns within the authority also have evidence of old gas works within the town centres. These tended to appear upon connection to the rail network and subsequently closed as the energy networks improved. However, because of their central position in towns, many of these sites have actually been redeveloped and in some cases have been for a considerable period. Similar to parts of the old railway network, town gas sites present a particular challenge when dealing with the possibility of contaminated land. 4.5 Updated information on contamination North Lanarkshire Council launched its original inspection strategy in 2001. At that time, 5,146 Ha of land (around 11% of the area) was identified as having the potential to be contaminated land based on former use, pathways and receptors. Of the 3,650 Ha that have been formally surveyed; 794 Ha went through the reprioritisation process between 2003 and 2004, 805 Ha between 2004 and 2005, 912 Ha between 2005 and 2006 and between 2006 and 2018, 5,537 Ha have been reprioritised and archived through both Part IIA and the Planning Regime. The latest update from 2019 to 2024 has seen 258 Ha remediated via planning this is from 48 sites that have been archived and 11 sites which have had their boundary reduced and redrawn as not all of the site was remediated. The number of walkovers has declined in recent years due to a change in focus towards intrusive investigation on the higher risk sites with gaps in information but attempting to align with the Council’s ambition strategies and budgetary constraints. The process of survey, reprioritisation and voluntary remediation continues. Since 2008, some of the sites previously identified have been either partly or completely remediated as a consequence of the development process, regulated through the Town and Country Planning legislation and associated guidance, rather than Part IIA procedures. Given the drive to regenerate within North Lanarkshire, this process is at the centre of our strategy to remediate sites. In order to assist development and avoid the potential for blight associated with Part IIA procedures, North Lanarkshire Council has produced a contaminated land guide to Page 78 of 102
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development which provides information on how to consider the contaminated land issue when submitting planning applications or building warrant submissions. This advice can be found at Development on contaminated land - what you need to know | North Lanarkshire Council and is available to download. The purpose of this guidance is to ensure that we have a consistent approach regarding contaminated land and it is designed to help developers understand some of the challenges with land contamination and ground gas conditions in North Lanarkshire. 4.6 Key Water Resources / Protection Issues Scotland has one of the best quality water environments in Europe and this deserved reputation contributes to the country’s economic and social well-being. Alongside improving the condition of water bodies and protected areas that are not in a good or excellent condition, we need to maintain the quality of those that are. Preventing deterioration of the water environment, including drinking water sources, is a key purpose of this plan. It is a significant and constantly evolving challenge as pressures shift and change, and as more water bodies are restored to a good condition over the period 2015 to 2027. As an authority we are required under the current legislative regime to work in partnership with SEPA to help protect Key Water Resources for the future. The Water Environment (Controlled Activities) (Scotland) Regulations 2011 (CAR) and the amendments apply regulatory controls over activities which could possibly affect the water environment. The River Basin Management Plan for the Scottish River Basin District: 2015 – 2027 builds on the first river basin management plan for the Scotland river basin district, published in 2009. It sets revised objectives for the 12-year period from 2015 to the end of 2027 and a strengthened programme of measures for achieving them. SEPA has carried out formal River Classification of the main surface water features in North Lanarkshire Council. The classification scheme relates to the chemical, biological, aesthetic and nutrient content of surface waters and grades them from Good Condition through Moderate and Poor to Bad. Currently in North Lanarkshire, there are 6 rivers in good condition, 15 in moderate condition, 19 in poor condition and 1 in a bad condition. A summary list of all river conditions within North Lanarkshire can be found at https://informatics.sepa.org.uk/WaterClassificationHub/ The North Lanarkshire area does not include any aquifers designated as major sources of drinking water but the general condition of many of our ground waters are classed as poor due to legacy pollution from heavy industry. Improvement work is required as development takes place to improve the water environments in North Lanarkshire which the authority will aim to support in partnership with other public bodies and stakeholders as defined by SEPA’s current priorities more in relation to that can be found at water-groundwater.pdf. Page 79 of 102
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Chapter 5: Overall Aims, Objectives and Priorities A key aim of North Lanarkshire Council has been to adopt a methodology, which will assess the possibility of significant harm where it could cause a human health effect, an ecological effect, an animal or crop effect, a building effect, or where a water environment may be affected. 5.1 Aims of the Inspection Strategy: • Under the Environmental Protection Act 1990, the council has a responsibility to inspect the area from time to time in order to identify contaminated land • To continue to enhance, improve and update the methodology used to identify potentially contaminated sites in a strategic manner as required by the legislation • To continue to prioritise the inspection of sites in an impartial manner based on (so far as reasonably practicable), robust, publicly available data sources • To continue to provide an auditable path to prioritisation • To continue to inspect sites in a cost-effective manner, identifying, where reasonable, all previous work prior to undertaking any further investigation • To maintain a database of all relevant data pertaining to potentially contaminated sites • To continue to work with relevant internal and external stakeholders to improve the understanding of Part IIA of the Environmental Protection Act 1990 and how it interacts with the services they provide • To secure the remediation of contaminated land as defined under Part IIA of the Environmental Protection Act 1990. 5.2 Objectives of the NL Contaminated Land Strategy • To inspect our area from time to time to identify contaminated land • To determine whether a particular site meets the definitions of contaminated land as defined under Part IIA • To establish responsibility and liability for remediation of contaminated land • To ensure that appropriate remediation of contaminated land takes place • To keep a public register detailing regulatory action as defined under Part IIA • To assist in the delivery of the Plan for North Lanarkshire by improving the health and care of our communities and encouraging economic growth and development • To recognise and incorporate recent legislative changes • To update the CL strategy by providing greater detail of the approach being taken by North Lanarkshire when investigating potentially contaminated land sites based on past experiences • To inform neighbouring authorities, partner organisations, statutory and non-statutory consultees of North Lanarkshire Council the aims and objectives of the strategy. The main objective originally set in 2001 related to the identification of locations within North Lanarkshire Council with the highest potential to be contaminated as defined under Part IIA. Page 80 of 102
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This has been achieved and prioritisation of certain potential sites has been undertaken however, work is ongoing to refine the assessment. As a result of the reprioritisation process, North Lanarkshire Council is building a list of locations where intrusive work may be required to obtain further information around the contaminants and risk of these sites. The locations will be based on the potential seriousness of risk with priority on human health and possible future use of the site. Remediation through planning development is the main driver now to remove sites from the potentially contaminated list and in 2024 a significant project commenced to ensure that all sites which had been remediated through development planning conditions since 2020 was undertaken to update our Geo Environs Contaminated Land Management System (MS). This process risked these sites according to their new improved updated status. This work has now been implemented and the Geo Environs MS has been populated with past and current data giving a more accurate position of the potentially contaminated land sites in North Lanarkshire. Further to the above, the strategy will also prioritise sites which require to be developed to ensure that the council delivers its regeneration programme of works in relation to house building, town centre regeneration, cemeteries expansion, allotment provision linked to the ‘grow your own food’ programme and contribute to the phases of development for Ravenscraig in line with the revised Masterplan. 5.3 Priorities The Council’s priorities when dealing with contaminated land are to: Protect Human health The water environment Designated ecosystems Prevent Damage to property Further contamination of land Encourage Voluntary remediation Re-use of brownfield sites Stimulate Economic growth On rare occasions there are certain situations that North Lanarkshire Council would propose to enhance the normal timescale for inspection and assessment: Critical or emergency situations requiring accelerated action under Part IIA Where these situations arise, similar standards of investigation, assessment and monitoring will be undertaken as a priority. This has occurred twice in recent years, once following an Page 81 of 102
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alleged human health complaint in the Motherwell area, and soil contamination in the gardens of two private households, which resulted in the Council’s first Part IIA designation. Sites important for the implementation of major projects conforming to Council ambition strategies and involving Council owned property Where sites are identified for development through appropriate Council strategies and plans and are also considered as potentially contaminated land sites under the North Lanarkshire Council Contaminated Land Strategy, early prioritisation and subsequent inspection/assessment works may be undertaken to progress these sites. Examples include works associated with delivery of the revised Ravenscraig Masterplan and delivery of the Council’s ambitious house building programme. Sites with past NL Authority involvement Sites where North Lanarkshire Council (and predecessors) may be the ‘appropriate person’ may be subject to early inspection/ assessment. An example of this is the former tar works at Stane Gardens, Shotts that required immediate investigation and action following the identification of high levels of contamination. This resulted in a significant remediation and regeneration programme in partnership with SEPA. The outcome from this project not only addressed the contaminated land issue but also resulted in the restoration of the South Calder River and the creation of a country park facility within the heart of the local community. The water environment has been significantly improved with this project along with land remediation. Cross Boundary Sites Where suspected contaminative sites are identified within the Inspection Strategy and are partly contained within another unitary authority boundary, arrangements will be made with the appropriate authority to discuss the appropriate way to progress these sites. Where another unitary authority approaches North Lanarkshire Council regarding a site or suspected site which partly intrudes into their boundaries, similar levels of discussion will be initiated to discuss the most appropriate way forward taking into account our current strategy. Chapter 6: Procedures The process of implementing Part IIA results in the generation of large amounts of data. This information will be used for a variety of purposes including prioritising sites, reporting to SEPA and communicating risk to professional consultants and the general public. The data resource will also form the basis of an historical land use archive, which will be used for many years to come. It is hence important that a robust and flexible data management system is employed for managing all of this data. The information management system must be: • Secure • Capable of logging all information provided with respect to individual areas of land Page 82 of 102
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• Able to tag information type (e.g. commercially confidential, subject to national security constraints, possible blight etc.) • Capable of being audited to ensure that any information held is both accurately recorded and up to date. North Lanarkshire will be able to give all relevant stakeholders such as SEPA, members of the public etc. access to the data in electronic format such as a spreadsheet or in the form of a GIS layer or as appropriate. The public registers will be in electronic form. North Lanarkshire Council has adopted the Geo Environs Contaminated Land Management System produced by STM Environmental which is linked to our GIS system. There has been a GIS layer of potentially contaminated land sites produced which is shared internally with appropriate colleagues in Planning and Building Standards. 6.1 Geo Environs Site Prioritisation Module The Geo Environs (a collection of data management software applications widely used by environmental professionals in the UK and abroad) Site Prioritisation Module is the ideal solution for managing the prioritisation of potential Part IIA sites. The system consists of an SQL Microsoft access database (i.e. Microsoft SQL Server) and a seamless integration to GIS, ArcGIS in this case, facilities that allow for easy management, visualization and reporting of any potentially contaminated land data. The system provides us with a two-stage prioritisation system: Stage 1 Makes use of desk-top based information (i.e. GIS layers) to allow you to rapidly prioritise the sites for inspection Stage 2 Allows better characterization of high-risk sites for further investigation The system allows us to quickly and easily produce individual risk ranking reports for each individual receptor category (i.e. human health, groundwater, surface water, ecology, property). The authority has the added flexibility of being able to produce risk ranking reports based on the total combined receptor scores the reports allows us to group the sites into risk categories (i.e. High, Medium, Low) depending on the risk score allocated to them. Due to the prioritisation scores being calculated within the database, the generation of the risk ranking reports is instantaneous. The system includes extensive facilities to add user defined fields to the database so that we can add any type of information the user considers relevant to a site record. Going forward, the inspection process will continue to be progressed by the use of Arc Pro View GIS and Geo Environs. Geo Environs will also continue to be routinely updated with any new relevant information received mainly from planning and development consultations. This has proven to be a very important way of maintaining current, reliable and meaningful datasets to progress the inspection strategy. Page 83 of 102
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The methodology employed by the Geo Environs system assesses significant harm where it is causing any or all of the following effects – on Human Health, on the Ecological System, on Animals or Crops, on Buildings and where the water environment may be polluted. The database uses up to date publicly available datasets from reliable organisations to identify sources, pathways and receptors thus prioritising the locations categories through a series of risk ranking scores that scales potential risk according to the severity of source, efficiency of pathway and sensitivity of receptor. Full details of the methodology employed to achieve prioritisation can be obtained from the Pollution Control team at North Lanarkshire Council, Protective Services, 2nd Floor Civic Centre, Windmillhill Street, Motherwell, ML1 1AB. This methodology is summarised below: 1 Undertaking a Phase I investigation of prioritised contaminated land sites involving desk studies, site walkover, collection of physical data (if appropriate) and development of a Conceptual Site Model. The completion of this phase will involve a risk-based assessment being undertaken to establish if it is likely that a contaminant is actually present, and a receptor is actually or likely to be present and linked to the contaminant. 2 Undertaking a Phase II investigation, which is likely to involve staged ground investigation works and further refinement of the risk assessment and conceptual site model in a cost-effective manner. These works require to be designed and planned around the Conceptual Site Model established by the risk assessment in Phase 1. Upon completion of these ground investigations, risk assessment and evaluation on the evidence provided will identify what, if any, actions are necessary 3 Liaison with SEPA where there is pollution or likely pollution of the water environment or if the pollution of the water environment will result in deterioration of the water body status, if the site is likely to be determined a Special Site or is suspected of being radioactively contaminated Chapter 7: Remediation If, following an investigation, the Council identifies land as contaminated it must then consider the nature and extent of remediation that is deemed necessary to be carried out. 1 North Lanarkshire Council remains committed to working with all stakeholders during the investigation process to achieve remediation of land that is potentially contaminated. The council will always seek voluntary remediation as a preferred course of action when dealing with sites that fall within the scope of Part IIA. 2 Due to the urbanised pattern of historical contaminative uses, a number of potentially contaminated sites previously identified by the prioritisation methodology have undergone remediation as part of the planning framework, where either the applicant Page 84 of 102
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has ensured that the sites is decontaminated prior to development, or the developer complies with decontamination requirements as part of development. 3 Due to the heightened awareness of the contaminated land regime and the implications of Planning Advice Note 33 (PAN33) on development, it is anticipated that an increasing number of sites identified by the methodology employed will be remediated in this manner. 4 Land, which is not statutorily contaminated because of its current use, may become so if either a pathway or new receptors are introduced as a consequence of development. North Lanarkshire Council must ensure that any development proposed on historically contaminated sites is ‘suitable for use’ on completion. To achieve this, close liaison between Planning Service, Building Standards and the Pollution Control Section is essential. 5 Pollution Control will seek to work closely with relevant colleagues within the Council to investigate and assess land proposed for future development to ensure that there is full transparency when engaging with proposed developers. North Lanarkshire Council has a Policy on the Recovery of Costs Associated with the Remediation of Contaminated Land. Where North Lanarkshire Council exercises its powers of remediation under Part IIA of the Environmental Protection Act 1990, it will seek to recover all costs to which it is entitled. The Council will follow the “polluter pays” principle, by virtue of which the costs of remediating pollution are to be borne by the polluter. The Council will aim to ensure that the overall result is as just, fair and equitable as possible to all those who have to meet the costs of remediation, including local and national taxpayers whilst taking into account Best Value principles. Chapter 8: Information Management All information relating to studies and investigations undertaken by North Lanarkshire Council in relation to this strategy will be held in the Geo Environs Contaminated Land Management System. This database is stored on a dedicated server, has password security and access is restricted to members of the Pollution Control Section. The Geo Environs Contaminated Land Management System is a bespoke database, which forms a key element of the strategy and can store site inspection records, textual reports and photographs and all other site-specific data. This information is backed up on a daily basis. Chapter 9: Public Registers North Lanarkshire Council is obliged to maintain a public register containing details prescribed in Schedule 4 of the Contaminated Land (Scotland) Regulations 2005. This register will be Page 85 of 102
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available for inspection at the offices of the Pollution Control team. North Lanarkshire Council currently has two sites listed on its Contaminated Land Register, both of which are in the Coatbridge area, and they have now been successfully remediated. Legislative reform may in the future allow for these sites to be removed from this register but at present there is no mechanism for this to happen. Chapter 10: Complaints and Requests for Information Complaints from members of the public, businesses and voluntary organisations will be logged and responded to in accordance with normal Council procedures. The Pollution Control team works within ISO 9001 Quality procedures and has a specified timescale for responding to any complaint. Requests for information under the Freedom of Information (Scotland) Act 2002 are addressed directly by a specified Freedom of Information officer, who coordinates and collates responses. Environmental Information requests can also be made to the Council for specific site information however, there is a charge for this information and more information in relation to this can be found at Environmental health fees and charges | North Lanarkshire Council Emerging contaminated land issues will be investigated and where required the matter will be highlighted to colleagues in other service areas but in particular to Corporate Communications to ensure that a consistent message is agreed with necessary information to be disseminated. Chapter 11: Liaison and Communication 11.1 Liaison with Consultees North Lanarkshire Council recognises that effective interaction with SEPA is the first essential step in securing successful implementation of Part IIA responsibilities. Communication will occur as follows: • Consultation with SEPA when reviewing the Contaminated Land Strategy • Obtaining relevant datasets from SEPA (as required) • Liaising with SEPA in relation to special sites and sites potentially contaminated by radioactivity • Providing SEPA with the necessary information for inclusion in the state of contaminated land report • Liaison with SEPA if pollution of the water environment is occurring or likely to occur or if the pollution of the water environment will result in deterioration of the water body status If North Lanarkshire Council identifies a potential Special Site, a written request will be made to SEPA for any supporting information. Information received will be reviewed, collated and added to the Geo Environs Contaminated Land Management System before further investigations are considered and a scope agreed. Liaison with SEPA will continue throughout this process and appropriate interaction will take place on a site-by-site basis. SEPA will be consulted immediately, in writing, prior to any designation of a Special Site. All requests to SEPA will be made using the appropriate COSLA forms, as necessary. Page 86 of 102
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Table 1 below provides a list of the key statutory and non-statutory consultees relevant to Part IIA. Table 1. List of Consultees Consultees Consultees City of Glasgow Council Other Council Services Community Councils Scottish Enterprise East Dunbartonshire Council Scottish Government Falkirk Council Scottish Natural Heritage Food Standards Scotland SEPA NHS Greater Glasgow and Clyde South Lanarkshire Council Health and Safety Executive Stirling Council Historic Scotland The Coal Authority NHS Lanarkshire West Lothian Council Chapter 12: Review Mechanisms Every 5 years, the Strategy for the Inspection of Contaminated Land and the subsequent outcome of the Geo Environs Contaminated Land Management System and the prioritisation process will be reviewed. The Geo Environs Contaminated Land Management System provides flexibility to add, update and augment data sets as they change or become superseded. North Lanarkshire Council intends to run this model annually moving forward to present the authority with an understanding of the improved position and this will be reported as part of the Protective Service annual performance report. It is necessary to permit the authority to inspect their area from time to time. Similar drivers for review include: 1 Significant changes in land use 2 Significant legislative changes 3 Information from the public 4 Information from external bodies e.g. SEPA, HSE, Scottish Land Commission 5 Unplanned events – major pollution incidents 6 Following receipt of remediation and validation information Chapter 13: Timescales and Progress to Date 13.1 Progress Update Currently there are 7,090 sites of potentially contaminated land within North Lanarkshire making up 7,207Ha of land. This is a further reduction and illustrates the previous strategies have been successful. The table below illustrates the progress made so far as part of the programme of works concentrated on the highest priority sites. Page 87 of 102
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Table 2. Year on Year Progress Year Walkovers Completed Intrusive Investigations Archived Land (Hectares) Part IIA Designations 2010 250 11 5,537 Ha 0 2011 70 7 0 2012 0 5 0 2013 200 3 0 2014 218 6 0 2015 74 1 0 2016 0 6 2 2017 0 3 0 2018 0 5 0 2019 0 1 941 Ha 0 2020 0 3 0 2021 0 3 0 2022 0 3 0 2023 0 0 0 2024 0 1 0 Work will now continue to assess the remaining sites with the intention of further reducing the overall number of contaminated sites and bringing them into productive use and in turn contribute to the overall aim to ensure that North Lanarkshire is the place to live, learn, work, invest and visit in line with the Plan and Programme of Work. 13.2 Future Tasks & Timescales North Lanarkshire Council will formally review their Contaminated Land Strategy every 5 years provided there have been no significant changes that may instigate a review before that date. This will include checking to identify any potential gaps or procedural changes that require to be made to the document to keep it relevant to current practice. All previous activities listed in last strategy have been completed or are ongoing because the task is continuous and requires to be updated annually. Table 3 below outlines objectives and actions that the authority and Protective Services require to consider for the next 5-year period. Table 3. Detailed Objectives, Actions & Proposed Timescales Objectives & Actions Target Outcome Prepare, consult and publish the reviewed Contaminated Land Strategy 2030 Updated Strategy Continue to liaise with other Council services relating to the inspection and investigation of land suspected of falling within Part IIA including Cemeteries, New Build Housing, Hub Projects, City Deal, Ravenscraig and Greenspace Community Allotments. Annually Specific Projects detailed in Service Plan Annually Detailed review, update and run of the Geo Environs Contaminated Land Management System to produced annual report of sites and hectares that remain potentially contaminated. Annually Report data in Protective Services performance report annually Page 88 of 102
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Carry out an options appraisal for the replacement of Geo Environs as this is an Access Database Management System that is nearing the end of its life and will likely require to be replaced within the next three years as it may become unsupported. End of 2028 Complete Options appraisal for new MIS for CL Continue programme of intrusive site investigations, looking at possible data gaps in our ongoing progress report model. Annually Specific Projects in Service Plan Continue to provide GIS layer of potentially contaminated land sites within NL to colleagues internally and be open to discussions on providing this spatial data to government agencies and public partners as models develop Continuous Protective Services CL GIS Layer to be provided corporately Continue to develop the mine gas risk tool which has been designed for internal use within NL to assist colleagues with making informed decisions in relation to sites with future intended uses considered. Annual development and maintenance Specific development or updates to be detailed in Service Plan The authority should look to work with partners to influence improvements where possible in water quality of rivers and groundwater. As opportunities present Improvements , if possible, to river water quality Consider any legislative changes which may occur and ensure that the authority takes cognisance of such change and incorporates these into the statutory work as required. As required Legal compliance Page 89 of 102
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North Lanarkshire Council Report Environment and Climate Change Committee Does this report require to be approved? ☒ Yes ☐ No Ref: LR/CW Date: 05 February 2025 Contract Award for Supply and Delivery of Liquid Fuels From Lyall Rennie, Chief Officer (Community Operations) E-mail Renniely@northlan.gov.uk Telephone: 07855 193500 Executive Summary The Committee is asked to approve the award of a contract extension for the Supply and Delivery of Liquid Fuels (the ‘Agreement’) to Highland Fuels Limited and Certas Energy Limited t/a Scottish Fuels. The initial Agreement was put in place on behalf of the Scottish Public Sector by Scottish Procurement (a division of the Scottish Government) from the Call-off contracts from the Crown Commercial Service (CCS) (a division of the UK Government) National Fuels Framework RM6177 for the Supply of Liquid Fuels. This was for a period of 24 months that commenced on 01 April 2023 and shall expire on 31 March 2025. Scottish Procurement have now taken up the option of a 24-month extension period for the Call-off contracts from 01 April 2025 until 31 March 2027 allowing all Scottish Public Sector to take up a 24- month extension to their current call-off contracts. Fleet Services would like to take up this extension. The maximum value of the Agreement shall not exceed Five Million Pounds Sterling (£5,000,000.00) exclusive of VAT. Recommendations It is recommended that the Environment & Climate Change Committee: (1) Approves the award of a 24-month extension Agreement to Highland Fuels Limited and Certas Energy Limited t/a Scottish Fuels at the maximum value of Five Million Pounds Sterling (£5,000,000.00) exclusive of VAT. The Plan for North Lanarkshire Priority All priorities Ambition Statement (17) Ensure we keep our environment clean, safe, and attractive Programme of Work Statutory / corporate / service requirement Item 6 Page 91 of 102
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1. Background 1.1 The Council like many other large scale public and private organisations, has an ongoing demand for liquid fuels i.e. petrol, diesel, “red diesel”, kerosene etc.. Liquid fuels are used by the Council for a variety of reasons including powering vehicles, equipment, tools etc. as well as providing a heat source for several buildings. 1.2 Historically, the Councils liquid fuels provision have been procured by accessing third-party arrangements put in place on behalf of the public sector by Scottish Procurement and CCS. 1.3 With the introduction of the next generation of the CCS “Fuels 2” framework agreement, Scottish Procurement undertook a further competition from this CCS framework on behalf of the Scottish Public Sector to consolidate its fuel supply which the Council participated in. 1.4 Following the exercise undertaken by Scottish Procurement, the Council received a recommendation in late April 2023 for the Council to develop its fuels supply away from the traditional one supplier approach and split it into two based on pricing models received for fuel types the Council mainly requires. 1.5 This recommendation from Scottish Procurement was based on historic spend information / usage outlays and recent inflation trends and projections given the volatility of energy markets. 1.6 The requirements within the initial Agreement are with Highland Fuels Limited and Certas Energy Limited t/a Scottish Fuels. This Agreement is due to expire on 31 March 2025, the Scottish Government have offered an extension of a further 24 months from 1 April 2025 to 31 March 2027. ______________________________________________________________________________ 2. Report 2.1 The initial process involved a user intelligence group (the ‘UIG’) of technical and procurement representatives within the Council who liaised with Scottish Procurement and they undertook to agree the procurement strategy that would deliver maximum benefit for the Council via the Agreement. 2.2 The initial Agreement award recommendation was made on the basis of the justification and guidance from Scottish Procurement and following completeness checks undertaken by the Councils Corporate Procurement Team. It was the recommendation of Scottish Procurement that Highland Fuels Limited should supply diesel only with Certas Energy Limited t/a Scottish Fuels supplying all other fuel types. 2.3 In November 2024, Scottish Procurement notified Councils that they had taken up the option of a 24-month extension period for the Call-off contracts for the Supply of Liquid Fuels from CCS’ National Fuels Framework RM6177 to Certus Energy UK Ltd trading as Scottish Fuels and Highland Fuels Ltd from 01 April 2025 until 31 March 2027. This would allow all Scottish Public Sector to take up a 24-month extension to the current call-off contracts. 2.4 The benefits in taking up the last 24-month extension would be supplier continuity and delivery and will allow adequate time to run a procurement exercise specifically tailored for Scottish customers in 2026 under the upcoming CCS National Fuels 3 Framework. 2.5 Further details of the procurement procedure is provided in Appendix 1 and the SME status and location of the tenderer is located within Appendix 2. Page 92 of 102
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2.6 The maximum value of the extension Agreement shall not exceed Five Million Pounds Sterling (£5,000,000.00) exclusive of VAT. Financial / Budget Consideration 2.7 The costs associated with contract delivery will be contained within the revenue budgets for various Council service areas however the main spend area is within Waste Solutions and Fleet, Community Operations. Price Stability 2.8 Pricing within the Contract will be subject to variance throughout its duration. Price stability and application will be undertaken By Scottish Procurement on behalf of the Council. Community Benefits 2.9 The Council is committed to maximising the delivery of community benefits. For this Agreement, community benefits will be delivered at a national level given the large-scale collaborative approach taken. Fair Work First 2.10 The Council is committed to maximising the delivery of the Fair Work First commitment. For this Agreement, Fair work First commitments will be delivered at a national level given the large-scale collaborative approach taken. Contract Management 2.11 Officers from Community Operations (with assistance from the Energy Team, Assets and Procurement) will be responsible for managing the Agreement which will be undertaken in accordance with the Councils agreed approach to contract and supplier management. 3. Measures of success The Agreement will deliver the following outcomes: 3.1 The Agreement will ensure the Council shall have continuity of supply and delivery for liquid fuel whilst also achieving best value on behalf of the Council. 4. Supporting documents Appendix 1 Summary of Procurement Process Appendix 2 SME Status and Location of All Tenderers Lyall Rennie Chief Officer (Community Operations) Page 93 of 102
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5. Impacts ( http://connect/report-template-guidance ) 5.1 Public Sector Equality Duty and Fairer Scotland Duty Does the report contain information that has an impact as a result of the Public Sector Equality Duty and/or Fairer Scotland Duty? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? If Yes, has an assessment been carried out and published on the council’s website? https://www.northlanarkshire.gov.uk/your-community/equalities/equality-and-fairer- scotland-duty-impact-assessments Yes ☐ No ☐ 5.2 Financial impact Does the report contain any financial impacts? Yes ☒ No ☐ If Yes, have all relevant financial impacts been discussed and agreed with Finance? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? Budget in place for the requirements. 5.3 HR policy impact Does the report contain any HR policy or procedure impacts? Yes ☐ No ☒ If Yes, have all relevant HR impacts been discussed and agreed with People Resources? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.4 Legal impact Does the report contain any legal impacts (such as general legal matters, statutory considerations (including employment law considerations), or new legislation)? Yes ☐ No ☒ If Yes, have all relevant legal impacts been discussed and agreed with Legal and Democratic? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.5 Data protection impact Does the report / project / practice contain or involve the processing of personal data? Yes ☐ No ☒ If Yes, is the processing of this personal data likely to result in a high risk to the data subject? Yes ☐ No ☐ If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e-mailed to dataprotection@northlan.gov.uk Yes ☐ No ☐ 5.6 Technology / Digital impact Does the report contain information that has an impact on either technology, digital transformation, service redesign / business change processes, data management, or connectivity / broadband / Wi-Fi? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? Where the impact identifies a requirement for significant technology change, has an assessment been carried out (or is scheduled to be carried out) by the Enterprise Architecture Governance Group (EAGG)? Yes ☐ No ☐ Page 94 of 102
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5.7 Environmental / Carbon impact Does the report / project / practice contain information that has an impact on any environmental or carbon matters? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.8 Communications impact Does the report contain any information that has an impact on the council’s communications activities? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.9 Risk impact Is there a risk impact? Yes ☐ No ☒ If Yes, please provide a brief summary of the key risks and potential impacts, highlighting where the risk(s) are assessed and recorded (e.g. Corporate or Service or Project Risk Registers), and how they are managed? 5.10 Armed Forces Covenant Duty Does the report require to take due regard of the Armed Forces Covenant Duty (i.e. does it relate to healthcare, housing, or education services for in-Service or ex-Service personnel, or their families, or widow(er)s)? Yes ☐ No ☒ If Yes, please provide a brief summary of the provision which has been made to ensure there has been appropriate consideration of the particular needs of the Armed Forces community to make sure that they do not face disadvantage compared to other citizens in the provision of public services. 5.11 Children’s rights and wellbeing impact Does the report contain any information regarding any council activity, service delivery, policy, or plan that has an impact on children and young people up to the age of 18, or on a specific group of these? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact and the provision that has been made to ensure there has been appropriate consideration of the relevant Articles from the United Nations Convention on the Rights of the Child (UNCRC). If Yes, has a Children’s Rights and Wellbeing Impact Assessment (CRWIA) been carried out? Yes ☐ No ☐ Page 95 of 102
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Appendix 1 – Summary of Procurement Process Response CPT Contract Reference Allocated: NLC-CPT-23-010 Procurement Procedure Utilised: Scottish Government collaborative call from the Crown Commercial Services (CCS) framework Governing Legislation / Regulations: Public Contracts (Scotland) Regulations 2015 Date Contract Strategy Approved: 11 December 2024 Number of Recommended Tenders: 2 Anticipated Start Date of the Agreement: 01 April 2025 Total Agreement Period (Months): 24 Awarded Value of the Agreement: £5,000,000 Page 96 of 102
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Appendix 2 – SME Status and location of all Tenderers Name of Tenderer Size of Tendering Organisation (Micro, Small, Medium or Large) Location (Local Authority / Council Area) Highland Fuels Limited Medium Highland Certas Energy Limited t/a Scottish Fuels Large Falkirk Page 97 of 102
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North Lanarkshire Council Report Environment and Climate Change Committee Does this report require to be approved? ☐ Yes ☒ No Ref JMcK/CPT Date 05/02/25 Contracts Awarded Below Committee Approval Threshold From James McKinstry - Chief Officer (Assets and Procurement) E-mail McKinstryJ@northlan.gov.uk Telephone 07939 281102 Executive Summary In accordance with the Council’s General Contract Standing Orders (“GCSOs”), GCSO 21.10 requires a summary report be presented to members with details of contracts awarded since last committee, specifically for the spend range: • over £50,000 but below £500,000 for supplies or services; and, • over £500,000 but below £2,000,000 for works. Recommendations It is recommended that the Environment and Climate Change Committee: (1) Acknowledge the contract awards made since last committee reporting cycle. The Plan for North Lanarkshire Priority All priorities Ambition statement All ambition statements Programme of Work Statutory / corporate / service requirement Item 7 Page 99 of 102
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1. Background 1.1 The Local Government (Scotland) Act 1973 section 81 requires local authorities to “…make standing orders with respect to the making by them or on their behalf of contracts for the supply of goods or materials or for the execution of works.”. 1.2 The Council’s General Contract Standing Orders (“GCSOs”) set out the council’s specific procurement procedures and responsibilities at all spend levels, and include the reporting requirements of procurement activity, including contracts awards, to committee for either approval or acknowledgement. 2. Report 2.1 In accordance with GCSO 21.10, this report summarises the contract awards since last committee, specifically for the spend range: • over £50,000 but below £500,000 for supplies or services; and, • over £500,000 but below £2,000,000 for works. 2.2 If you require further information regards the contract awards reported, please refer to the lead service area / Chief Officer detailed in the appendix. 3. Measures of success 3.1 All requirements contracted contribute to either the council’s programme of work and/or fulfil a statutory requirement. 3.2 All contract awards secure best value for the council in accordance with their evaluation criteria. 3.3 All necessary diligence has been undertaken in the evaluation and appointment of contractors. 3.4 All contract awards are logged in the council’s contract register. 4. Supporting documentation 4.1 Appendix 1 – Summary of contracts awarded. James McKinstry Chief Officer (Assets and Procurement) 5. Impacts 5.1 Impacts considered as part of the contract award procedures are recorded in the individual contract award reports held by the lead service area. Page 100 of 102
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Appendix 1 – Summary of Contracts Awarded Contract Ref NLC-SLP-23-122 Title NEC4 Contract Management Solution Classification Supplies Lead Service Area / Chief Officer Lyall Rennie, Chief Officer (Community Operation) Competition Governance by Value The Framework terms & conditions, with adherence to the council’s GCSO 13 on 3rd party frameworks Procurement Route Call-off following Direct Award using Third Party Framework No. of Framework Contractors 27 Award Criteria Best Value assessment, in accordance with the Framework Information Comments This has been procured via Direct Award approach, considering the relevant information on Framework Contractors technical and commercial proposals available through NHS Digital Workspace Solutions Framework. Award Details Value £407,258 Contract Duration 36 months initial term, with option for further 12 months Contractor Name Softcat PLC Contractor Size Large Company Contractor Location Buckinghamshire, UK Status - Payment of Living Wage? Yes Status - Living Wage Accredited? Yes Impacts this section highlights which impacts were considered for this contract award procedure Public Sector Equality Duty and Fairer Scotland Duty ☐ HR Policy Impact ☐ Data Protection Impact ☐ Environment / Carbon Impact ☐ Risk Impact ☒ Children’s Rights and Wellbeing Impact ☐ Financial Impact ☒ Legal Impact ☐ Technology / Digital Impact ☐ Communications Impact ☐ Armed Forces Covenant Duty ☐ Further details regarding these impacts can be obtained from the Lead Service Area / Chief Officer Page 101 of 102
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Contract Ref NLC-SLP-24-083 Title Digital Road Condition Management Solution Classification Supplies Lead Service Area / Chief Officer Lyall Rennie, Chief Officer (Community Operation) Competition Governance by Value The Framework terms & conditions, with adherence to the council’s GCSO 13 on 3rd party frameworks Procurement Route Call-off following Direct Award using Third Party Framework No. of Framework Contractors 27 Award Criteria Best Value assessment, in accordance with the Framework Information Comments This has been procured via Direct Award approach, considering the relevant information on Framework Contractors technical and commercial proposals available through NHS Digital Workplace Solutions SBS/19/AB/WAB/9411. Award Details Value £150,000 Contract Duration 36 months Contractor Name Softcat PLC Contractor Size Large Company Contractor Location Buckinghamshire, UK Status - Payment of Living Wage? Yes Status - Living Wage Accredited? Yes Impacts this section highlights which impacts were considered for this contract award procedure Public Sector Equality Duty and Fairer Scotland Duty ☐ HR Policy Impact ☐ Data Protection Impact ☐ Environment / Carbon Impact ☐ Risk Impact ☒ Children’s Rights and Wellbeing Impact ☐ Financial Impact ☒ Legal Impact ☐ Technology / Digital Impact ☐ Communications Impact ☐ Armed Forces Covenant Duty ☐ Further details regarding these impacts can be obtained from the Lead Service Area / Chief Officer Page 102 of 102