1. Please can I have an updated response to this information provided in 2021 – Use of and Policies for Glyphosate-based Herbicides
i. Which glyphosate-based herbicides [1] are currently used by or on behalf of the Council and/or on land owned by, managed by, or under the control of, the Council?
Glyphosate, See 3.2 within the Devon County Council Asset Management Group Policy & Procedure Combined Weed Control / Clearance Policy,
Glyphosate and Sulfosulfron Policy, See 3.3 within the Devon County Council Asset Management Group Policy & Procedure Combined Weed Control / Clearance Policy
Within Exeter, Exeter City Council also carry out weed spraying on behalf of Devon County Council. A 2023 press release states that Exeter City Council will no longer routinely spray glyphosate on weeds in the highway, see this news article Routine weed spraying of the highways in Exeter is set to end in the city
ii. For the most recent 12-month period for which information is available, please could you tell me the amount and brand of each glyphosate-based herbicide in question, as well as the size of the area over which they were used.
To ensure the equality of bidder treatment required under the Public Contract Regulations 2015, Devon County Council avoids expressing preferences for specific products when carrying out procurements for goods, services or works. In certain very limited circumstances where the authority needs to cite a specific product as an example to enable bidders to understand the authority’s requirements with a sufficient degree of precision, the authority will also state its willingness to consider other products.
- Control of weeds prior to footway Construction works (Slurry Seal) as a preventative measure 19.7 litres for the past 12 month period.
- Control of weeds prior to footway Construction works as a preventative measure Zero litres for the past 12 month period.
- Control Weeds in Granular Bed on the Priority Network (French Drains), we have used 35 litres so far this year and anticipate using a similar amount in the remainder of the year.
iii. Please could you explain the basis for (i) the Council’s choice of particular product(s), and (ii) the Council’s decision to use glyphosate-based herbicides rather than alternative methods. Please could you provide me with copies of any policy or other document which informs that decision-making.
Please see the Devon County Council Asset Management Group Policy & Procedure Combined Weed Control / Clearance Policy
iv. I understand that, if the Council uses, or instructs other to use, plant protection products (including glyphosate-based herbicides) then the Council is required by law [2] to ensure [3] that:
* all reasonable precautions are taken to protect human health and the environment;
* the application of the plant protection product is confined to the crop, land, produce, buildings, contents of buildings, materials or other areas intended to be treated;
* and when the product is used in places of heightened concern (which includes, among others, areas used by the public or vulnerable groups [4], areas in the close vicinity of healthcare facilities, and on or along roads, railway lines, very permeable surfaces, or other infrastructure close to surface water or groundwater) that the amount used and the frequency of use are as low as reasonably practicable.
Please explain how the Council ensures that it complies with the requirements set out in the paragraph above, particularly in terms of operational decision-making by the Council?
Contractors are National Highway Sector Schemes NHSS 18 accredited and or BASIS registered.
v. Please provide me with copies of any policy or other document which informs the Council’s decision-making in relation to compliance with the legal requirements set out in paragraph 4 above. Please also provide copies of evidence of the Council’s decision-making over the past 12 months relating to the records of decisions taken to ensure the amount of plant protection products used and the frequency of use are as low as reasonably practicable.
Please see the Devon County Council Asset Management Group Policy & Procedure Combined Weed Control / Clearance Policy
The policy was approved by Cabinet on 8th April 2015. No decisions have been made in the last 12 months to modify the policy.
[1] Defined to include products containing glyphosate.
[2] Plant Protection Products (Sustainable Use) Regulations 2012, Regulation 10
[3] Regulation 10 (1)
[4] Defined to include “persons needing specific consideration when assessing the acute and chronic health effects of plant protection products. These include pregnant and nursing women, the unborn, infants and children, the elderly and workers and residents subject to high pesticide exposure over the long term”.
2. Please can I have an updated response to this information provided in 2021 – Devon County Council Weed Control
i. What method do you use for weed control?
Devon County Council does not treat weeds for aesthetic reasons, such as being unsightly, and programmed weed treatment is no longer undertaken. However, weeds may be treated during highway maintenance work to prevent damage to the structure or surface of roads and paths. Examples include, but are not limited to, some drainage systems, on high-priority roads, and before constructing new footpaths.
ii. Do you use Chemicals?
Yes, but there are non-chemical alternatives available for most operations.
iii. If you use chemicals is the council looking to using a more environmentally friendly method?
The contract offers an expanded range of options including the use of low impact non systemic herbicides and non-herbicide treatments. It contains non–herbicide options for all normal and routine contract operations.
iv. Does the council carry out weed control duties in-house or is this contracted out?
The Corporate Grounds Maintenance Contract is contracted out.
v. (If contracted out) who is the contractor responsible for street cleansing duties?
The Corporate Grounds Maintenance Contract covers the grounds maintenance on DCC owned premises and does not cover street cleaning, which is normally undertaken by District Councils.
vi. Contact details for the person(s) responsible for managing weed control within the Council.
This information is exempt from disclosure under Regulation 13(1) of the Environmental Information Regulations 2004 (Personal Data).
Devon County Council can confirm the requested information is held; however, the Council cannot disclose personal information, if releasing it would contravene any of the provisions in the UK General Data Protection Regulation. In this instance release of this information would contravene the first data protection principle and therefore the information is withheld.
3. Please can I have an updated response to this information provided in 2021 – Use of herbicides and policies
i. What is the council’s policy on using dangerous herbicides such as Glyphosate? I would like to know whether in the light of the biodiversity crisis, DCC is taking steps to prevent contractors from using herbicide except in particular emergency situations.
There is no overarching Devon County Council (DCC) policy relating to herbicide and pesticide use. Instead, decisions are made by relevant Services based on their specific operational requirements, whilst considering environmental objectives in line with the Authority’s standard procedures. This has resulted in steps being taken by relevant Services to restrict the use of herbicides / pesticides and, where practical, to consider non-chemical alternatives. An overview of the position in relating to the three main Service areas known to use herbicides / pesticides is set out below.
Highway Management
The overall objective is to control the impact of weeds rather than eradicate all growth. Limited control of excessive weed growth on hard surfaces such as carriageways, footways and cycle ways will be undertaken on a reactive basis where the size and density of the weed growth may create a hazard to the highway user or result in serious damage to the structure or surface. Manual control methods will be used to remove excessive weeds on hard areas. The total, non-residual herbicide glyphosate will be used to control weeds on filter / French drains, although trails are taking place using hot water. The herbicide will be applied to the weed growth only. The glyphosate used will be that approved for use near watercourses i.e. aquatic approval.
Grounds Maintenance
DCC operates a Corporate Grounds Maintenance Contract which covers grounds maintenance activities on DCC owned premises, including relevant school sites. This incorporates a choice of weed control options for most relevant operations; this may include the use of glyphosate formulations. Individual site managers (i.e. DCC / individual schools) can currently choose herbicide free options for most operations on a site-by-site basis if they wish. The contract offers an expanded range of options including the use of low impact non systemic herbicides and non-herbicide treatments. It contains non–herbicide options for all normal and routine contract operations.
Waste Management Sites
DCC has responsibility for a range waste management sites including some historic landfill locations, waste transfer sites and civic amenity recycling facilities. Active sites are operated through contractual arrangements, which include provision for certain herbicide and pesticide application where required, including the occasional control of non-native and invasive species such as Japanese Knotweed and the control of rats and flies.