To consider a report regarding the request for a site investigation of land to the rear of Thames Side, Chertsey.

The Committee considered a report from the Principal Solicitor and accompanying Counsel’s advice, which was attached at Appendix 1 to the report, regarding the request for a site investigation to be carried out of land to the rear of Thameside.

Counsel had reviewed the actions taken by the Council to date and their powers under Part 2A of the Environmental Protection Act and advised that in the light of the studies carried out to date and the evidence previously provided at the time of the inquest, there was no justification for further investigative work to be undertaken and any such action would be unlawful unless new evidence came to light and was considered in line with statutory guidance..

Sympathy for the family of Zane Gbangbola was expressed and disappointment that those who had made claims of new evidence were not prepared to give their names or provide further details to substantiate those claims.

Officers were thanked for their work and the Chair expressed the hope that other agencies or bodies who were able to take the matter further did so. 

The Committee resolved:

1.         To note the written legal advice to the Council regarding the use of powers under the Contaminated Land Act 2006 and the Part 2A jurisdiction; and

2.         To note no further action may be taken as it may be unlawful, unless new evidence comes to light, and is considered in accordance with the Statutory Guidance.