HEOL Y GLYN DEVELOPMENT - GLYNNEATH - RESOURCES

2019-22 - CLICK HERE TO VIEW THIS DOCUMENT ON THIS WEBSITE

2019-22 - CLICK HERE TO VIEW THIS ON THE COUNCIL WEBSITE

(Extracts from this document............)

20200507R-DO-NPTC-corp-plan

(NPTC Corporate Plan 2019-22)

Extracts:

Conservation: 

Policy EN 6 Important Biodiversity and Geodiversity Sites Development proposals that would affect Regionally Important Geodiversity Sites (RIGS), Local Nature Reserves (LNRs), Sites of Interest for Nature Conservation (SINCs), sites meeting SINC criteria or sites supporting Local Biodiversity Action Plan (LBAP) or S42 habitats or species will only be permitted where: 1. They conserve and where possible enhance the natural heritage importance of the site; or 2. The development could not reasonably be located elsewhere, and the benefits of the development outweigh the natural heritage importance of the site. Mitigation and/or compensation measures will need to be agreed where adverse efects are unavoidable.

Policy EN 7 Important Natural Features Development proposals that would adversely afect ecologically or visually important natural features such as trees, woodlands, hedgerows / feld boundaries, watercourses or ponds will only be permitted where: 1. Full account has been taken of the relevant features in the design of the development, with measures put in place to ensure that they are retained and protected wherever possible; or 2. The biodiversity value and role of the relevant feature has been taken into account and where removal is unavoidable, mitigation measures are agreed.

https://www.npt.gov.uk/1699  - request page

https://www.npt.gov.uk/media/6788/foi_roa_guide.pdf - guide

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(Extracts from this document............)

Any breach of the Council’s Employee Code of Conduct is a potential disciplinary offence, which will be dealt with in accordance with the Council’s Disciplinary Procedure, and which can lead to the dismissal of the employee(s) concerned. A breach of the Code may also constitute a criminal offence.

The public is entitled to expect the highest standards of conduct from all employees of Neath Port Talbot County Borough Council. The role of such employees is to serve the Authority in providing advice, implementing its policies, and delivering services to the local community. In performing their duties, they must act with integrity, honesty, impartiality and objectivity. 

INTRODUCTION

1.1 Neath Port Talbot County Borough Council’s reputation and the public’s trust and confidence in its integrity are of vital importance. It must be seen to discharge its day to day responsibilities with openness and probity. This document is presented as a framework to make clear the standards of conduct expected of all employees. 

1.2 This Code of Conduct is applicable to all employees of the Authority, except those who are directly employed by School Governing Bodies, and forms part of each employee’s contract of employment.

1.3 Inevitably, some of the issues covered by the Code of Conduct affect senior, managerial and professional employees more than others, but the Code covers all employees.

1.4 Employees work for the Authority and serve the whole of that Authority. They are accountable to, and owe a duty to that authority.

They must act in accordance with the principles set out in this Code, recognising the duty of all public sector employees to discharge public functions reasonably and according to the law.
.
2. STANDARDS
2.1 All employees are expected to give the highest possible standard of service to the public and, where it is part of their duties, to provide appropriate advice to Councillors and fellow employees with impartiality. In the event that an employee becomes aware of activities which that employee believes to be illegal, improper, unethical or otherwise inconsistent with this Code, the employee should report the matter, acting in accordance with the employee’s rights under the Public Interest Disclosure Act 1998, and with the Authority’s confidential reporting procedure, or any other procedure designed for this purpose. 

. The whistleblowing procedure is set out in the Council’s Anti-Fraud, Corruption and Malpractice Strategy. Such reporting shall be without fear of recrimination. Employees must familiarise themselves with this procedure and should make relevant disclosure strictly in accordance with it.

20200507R-DO-NPTC-code-conduct

(NPTC Employee Code of Conduct)

NPTC WHISTLEBLOWING POLICY - 31/8/2015

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The Public Interest Disclosure Act 1998 (as amended 2013) 

The Public Interest Disclosure Act 1998 (PIDA) offers protection to workers from any detriment from their employer that arises from the worker making a ‘protected disclosure’. 

To qualify as a ‘protected disclosure’ the disclosure must satisfy a number of requirements under PIDA: 1. 

1. The worker must have made a ‘qualifying disclosure’. This is a disclosure of information which, in the reasonable belief of the worker, tends to show one or more of the following: 

(a) That a criminal offence has been committed, is being committed, or is likely to be committed 

(b) That a person has failed, is failing, or is likely to fail to comply with any legal obligation to which he is subject 

(c) That a miscarriage of justice has occurred, is occurring, or is likely to occur 

(d) That the health and safety of any individual has been, is being, or is likely to be endangered 

(e) That the environment has been, is being, or is likely to be damaged 

(f) That information tending to show any matter falling within any of the preceding paragraphs has been, or is likely to be deliberately concealed 

A disclosure of information is not a qualifying disclosure if the person making it commits a criminal offence in doing so.

NPT Council’s Anti-Fraud, Corruption and Malpractice Strategy - only able to find the schools version.

NPTC complaints process - https://www.npt.gov.uk/1454

send an email direct to contactus@npt.gov.uk

Complaints Policy Document - March 2016 - Council website

Complaints Policy Document - March 2016 - this website - ADD LINK

https://www.npt.gov.uk/media/4057/comments_compliments_complaints_policy_march2016.pdf

6.4
Comments on the Authority’s services, likewise, are not complaints under this procedure. Comments are statements by members of the public or service users about the service provided (or not provided) by the Authority. They may be compliments or suggestions as to how services could be improved. They may be views or representations, perhaps adverse, about the Authority’s policy and provision. In each case the employee receiving the comment will need to thank the member of the public for taking the trouble to express their views, describe how it will be dealt with if further action is required and then refer the comment on, if appropriate. As with requests for services, comments should not be regarded as complaints. It is important however, that comments are fed
back to the section or employee responsible as such feedback can be very useful.

Complaints Procedure 7.1 
......However, the Ombudsman normally expects the complaint to have been raised with the body concerned and given them a reasonable opportunity to investigate and respond before contacting him.

15.1 All documentation, notes, letters, findings, reports and so on must be retained. These will be very important should the complaint be referred to the Ombudsman or if contact is made by the Ombudsman to supply information.

Ombudsman - Public Services Ombudsman for Wales - How to complain that a local authority member has broken the code of conduct. - 20210318R-DO-PSOW-complain-authority

In 2011 The Local Government (Wales) Measure 2011 gave the power of well-being to community councils enabling a council to “do anything which it considers likely to achieve the promotion or improvement of the economic, social or environmental wellbeing of their area.” This power is important because the range of activities permitted by this power is extensive providing a community or town council with considerable scope for action (although trading is not included). However spending under this power counts towards the council’s annual s137 limit. Further guidance on how to use this power comes from the Welsh Government and One Voice Wales.

Page 25 in the chapter on Town and Country planning it states that a councillor's role in the planning process 

Your personal feelings about the application, or the applicant, are irrelevant. It is the wider
public interest that is important.

20210407R-DO-OVWA-good-councillors

https://www.npt.gov.uk/media/7018/representing_your_ward.pdf - NPTC website

CLICK HERE FOR THIS DOCUMENT ON THIS WEBSITE - 20210516R-DO-councillor-info

Neath Port Talbot Council Environment Strategy (page 63) - CLICK HERE

https://www.npt.gov.uk/media/7062/environment-strategy.pdf?v=20190807093745

The council have a register of regulatory actions

"Since 2001 all Local Authorities have had a duty to inspect, locate and ensure the remediation of all statutory designated Contaminated Land in their locality. Neath Port Talbot has a Contaminated Land Strategy which outlines a programme for identifying and inspecting contaminated land. 

Whilst the Council leads on contaminated land, it works with other partners, notably the Environment Agency and the Welsh Assembly Government.

The Contaminated Land Officers based within the Local Authority have software that enables them to carry out risk based approach to contaminated land identification. This ensures that the most important sites are dealt with first.

Council owned and privately owned land are always treated in the same manner. Land identified outside the general approach to inspection is sometimes identified and are dealt with as they arise. 

Polluter Pays Principle

The Polluter Pays Principle is a principle in environmental law where the polluting party pays for the damage done to the natural environment."

Neath Port Talbot Council Environment Strategy (page 63) - CLICK HERE

https://www.npt.gov.uk/media/7062/environment-strategy.pdf?v=20190807093745

EXTRACTS FROM THIS DOCUMENT

(page 1) Part IIA of the Environment Protection Act 1990, was introduced in Wales on July 1st 2001, until this time there had been no strategic approach to the identification of contaminated land. Land contamination had always been addressed during redevelopment or when the risk has manifested itself. Since 2001, all local authorities have a duty to inspect their areas, locate and ensure the remediation of all statutory designated contaminated land. One of the key objectives of the council's strategy (Key Objective 4:) is to ensure that during the redevelopment of new sites, land contamination issues are dealt with effectively and at an early stage of the planning process.

Part IIA of the Environment Protection Act 1990, inserted by Section 57 of the Environment Act 1995 places a duty on Local Authorities to inspect their area for contaminated land.

(page 3) Section 78A(2) defines contaminated land for the purpose 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 being caused;

The local authority is the principle regulator and is responsible for: -

Preparing and publishing inspection strategies for their areas, within 15 months of the date of implementation

Inspecting individual areas of land to determine whether any meet the statutory definition of contaminated land

Agreeing with the environment agency which areas of Contaminated Land should be designated as “special sites”

Enforcing remediation for those areas of Contaminated Land that are not designated as “Special Sites” and,

Maintaining public remediation registers

(page 14) It is commonly accepted that humans are the most sensitive environmental receptors, therefore in the highly populated urban areas where heavy industrial activity has taken place, the people who live and work here are considered to be the Borough's most sensitive risk group.

(page 4) Contaminated Land and The Planning Process

The objective of the policy regarding land contamination is to ensure that applications are conditioned to require remediation to a standard that is suitable for the proposed use.

The best way of minimising any associated risk is to ensure that any sites that may be contaminated are identified at the earliest stage of the planning process. The history of the site or nearby sites is the principle factor in determining whether a site is likely to be contaminated or not.

1.3 A question has been added onto the standard planning application form requesting developers to provide information on historical land use. This question is as follows:-
Are you aware if land has been subject to a contaminative use i.e. industrial use?
If yes then please specify a list of historical uses.

1.4 A list of planning applications is updated weekly and made available on the Neath Port Talbot Council intranet site, the Contaminated Land Officer will check the list against the contaminated land database to highlight any previous industrial use on the proposed developments, and therefore potentially contaminated land.

Where the information under 1.3/1.4 or any other information indicates a potential for contamination a scheme for dealing with contamination will be required and an assessment will be made as to whether the site can be developed in a safe manner subject to remediation. If this is the case, a condition will be imposed on any consent which will include an appropriate site investigation prior to the commencement of the development, and a remediation strategy and validation certificate prior to occupation of development. This will involve close liaison between the Contaminated Land Officer and the planning officer at an early stage of the planning process and throughout the development stage.

Under Part IIA the Environment Agency has a mainly supporting role, providing assistance and site specific guidance to local authorities, particularly with respect to cases of water pollution. The Agency acts as the enforcing authority for “special sites”.

Identification of contaminated land.

(1) Every local authority shall cause its area to be inspected from time to time for the purpose—

(a) of identifying contaminated land; and

(b) of enabling the authority to decide whether any such land is land which is required to be designated as a special site.

CLICK HERE FOR UK GOV WEBSITE CONTAINING THIS INFORMATION

from EA publication

This document was published by the Environment Agency in January 2009. By the time the 2008 geo-technical survey reached the planning application stage in 2009, this document was current and the Environment Agency were the relevant authority for the contaminated land  -  

CLICK HERE FOR THIS DOC ON THE WEB  -  CLICK HERE FOR THIS WEBSITE

( 20090100a-DO-EAGE-toxic-assmt )

includes 

HCV = Health Critreria Values

GLOSSARY A - D
GLOSSARY E - M
GLOSSARY N - Z 

ABBREVIATIONS

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4833018/

contaminated land wales regulations 2006

Land required to be designated as a special site
2.—(1) Contaminated land of the following descriptions is prescribed for the purposes of section 78C(8) as land required to be designated as a special site—

(a)land affecting controlled waters in the circumstances specified in regulation 3;
(b)land which is contaminated land by reason of waste acid tars in, on or under the land;
(c)land on which any of the following activities have been carried on at any time—

(2) For the purposes of paragraph (1)(b), “waste acid tars” are tars which—

(a)contain sulphuric acid;
(b)were produced as a result of the refining of benzole, used lubricants or petroleum; and
(c)are, or were, stored on land used as a retention basin for the disposal of such tars.

Dealing with contaminated land in England and Wales
A review of progress from 2000-2007 with Part 2A of the Environmental Protection Act

published January 2009 - all Welsh council were aware of this document because all submitted a report.

20090100A-DO-EAGE-contam-review  20090100A-DO-EAGE-contam-review

The waste management and energy industries were often reported as causing contaminated land sites in England. In Wales, other types of activities (for example the deposit of ash) was reported to cause contamination at the majority of contaminated land sites. For special sites, chemical and waste management industries are associated with causing contamination.- 20090100A-DO-EAGE-contam-review (page 12)

Remediating contaminated land

To remediate a contaminated land site, the significant pollutant linkages must be broken, so that no
unacceptable risks remain. Remediation can, therefore, be achieved by:

• removing or reducing the source of contamination
• blocking the pathway (route) between the
contamination and the receptor (person or thing affected)
• reducing exposure to the contamination
• removing the receptor altogether.
Under Part 2A, remediating a site does not necessarily mean the source of contamination has to be removed. (for example, capping an old landfill). - 20090100A-DO-EAGE-contam-review (page 12)

(Concluding comments) The planning system continues to be seen as the major route for dealing with land contamination. 20090100A-DO-EAGE-contam-review (page 26) 

Councillor Suzanne Paddison (Chair) - 249 Western Avenue, Sandfields, Port Talbot, SA12 7NF. - 
Phone: 01639 760473 - Mobile: 07891 054074
   
Councillor Sean Pursey (Vice Chair) - 22 St Pauls Road, Port Talbot, SA12 6PG - Mobile: 07865 355970
   
Councillor Christopher John Jones, 62 Ynys-Y-Mond, Alltwen, Pontardawe, SA8 3BA, Mobile: 07968 786699
    
Councillor Dennis Keogh, 35 Wern Road, Port Talbot, SA13 2BD, Mobile: 07967 897072
  
Councillor Rhidian Mizen,  11 Heol Crwys, Cwmafan, Port Talbot, SA12 9NT, Mobile: 07813 711212
   
Councillor Scott Bamsey, 7 Wilden Avenue, Port Talbot, SA13 2HS, Mobile: 07478 432532
   
Councillor Rosalyn Davies, 102 Heol Cilmaengwyn, Cilmaengwyn, Pontardawe, Swansea, SA8 4QN, 
Phone: 01792 862447, Mobile: 07989 661280
   
Councillor Steve K.Hunt, 153 Dulais Road, Seven Sisters, Neath, SA10 9EY, Phone: 01639 700063, Mobile: 07850 429957
  
Councillor Annette Wingrave (UDP Member (Non-voting)), 9 Pretyman Drive, Llandarcy, Neath, SA10 6HZ, Phone: 01792 812857, Mobile: 07757 949143, 
  
Councillor Arwyn N.Woolcock, 8 Barry Road, Lower Brynamman, Ammanford, SA18 1TU, Phone: 01269 825767, Mobile: 07977 588282
   
Councillor Chris Williams, 8 Barry Road, Lower Brynamman, Ammanford, SA18 1TU, Phone: 01269 825767, Mobile: 07977 588282
  
Councillor Susanne Renkes, 65 Pentyla, Baglan Road, Baglan, Port Talbot, SA12 8DR, Phone: 01639 897818, Mobile: 07932 377022 
   
Councillor Mark Protheroe, 64 Harle Street, Neath, SA11 3DL, Phone: 01639 769231

East Glynneath Councillors

If you are exposed to PAH, call our litigation team for specialist PAH exposure advice.If you are exposed in the workplace, and your employer did not provide the proper equipment or take the proper steps to minimise the risk of your exposure, you may have a claim.
If you were exposed to PAH as a member of the public, then you may have a claim against whoever spilled or dumped the PAH you came into contact with.
If you are exposed to PAH on your property as a result of spillages from former industrial processes or are concerned about contaminated land or potentially contaminated land being a risk to your health, there may be a claim against those responsible for depositing the PAH on the land. Additionally, there may be a claim against those who failed to adequately identify and prevent harm to members of the public during the redevelopment of potentially contaminated land.

http://www.collinslaw.co.uk/environmental-law-pah

"When I worked in yorkshire we won a bitter long planning battle using Peter Village who loves going up against Councils. He may be worth talking to and try covering his fee from crowd funding"

CLICK HERE

Councillor Del Morgan (Glynneath), cllr.j.d.morgan@npt.gov.uk  - 01639 722300 - 11 Lon-y-Nant, Glynneath, Neath, SA11 5BD, Phone: 01639 722300

Councillor Simon Knoyle, Glynneath, cllr.s.a.knoyle@npt.gov.uk  07968 386108 - 26 Ynys-Y-Nos Avenue, Pontwalby, Glynneath, SA11 5LS, Mobile: 07968 386108

https://businesswales.gov.wales/running-business/premises-property-planning-building/planning

NPTC PLANNING HOME - CLICK HERE

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WEEKLY LIST OF PLANNING APPLICATIONS

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