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Home >> council >> departments >> healthcommunity
Frequently Asked Questions
The legal definition of contaminated land is as follows: Contaminated land is 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: significant harm is being caused or there is a significant possibility of such harm being caused or pollution of controlled waters is being, or is likely to be, caused. In simpler terms this could be land where there are substances in, on or under it that are hazardous to health or the environment.
How does land become contaminated?
Contamination is mainly associated with the current or past uses of land. In particular, industrial activities, waste disposal and chemical spills contribute to the quantity and type of contaminants on a piece of land. This could be from the industrial revolution to the present day. In certain circumstances even earlier industrial processes may have caused persistent contamination of the soil. Chemicals and ground gases can occur naturally in high levels depending upon the rock structures in that area. This needs to be taken into account when considering contamination on a site.
What are the responsibilities of the regulators?
In most circumstances Fareham Borough Council will be the regulatory authority for contaminated land sites within the Fareham Borough. However for certain "special sites" the Environment Agency will take over from the Council as the regulator after the site has been formally been determined to be contaminated land. The role of the regulators is to: inspect their areas to identify any contaminated land establish responsibilities for remediation of the land ensure that appropriate remediation takes place. through agreement with those responsible, or if not possible by serving a remediation notice, or in certain cases, carrying out the work themselves, or in certain cases, through other powers. keep a public register detailing the regulatory action which they have taken under part IIa of the Environment Protection Act 1990. The Department for Environment, Food and Rural Affairs (DEFRA) has specified that investigations have to be rational, ordered and efficient, taking into consideration those areas most likely to be affected by contaminants.
How is Fareham Borough Council identifying contaminated land?
The Council has a duty to inspect the whole of the Borough to identify contaminated land. Work is currently being undertaken by the Pollution Team to gather information about the whole Borough so those areas where contamination is most likely to exist can be identified and singled out for more detailed investigation and sampling. The areas most likely to be contaminated are areas that have been used for waste disposal and industrial/commercial processes. There is no single source of information that will identify all of these sites but old maps and trade directories are a good starting point. In addition archived local authority and county council records, local history books, photographs and first hand accounts from workers at old industrial sites are all useful. The Pollution Team are currently gathering this information and identifying pieces of land where contamination is suspected. This will be compared against the current land uses and other environmental information to determine the most sensitive areas. For example land that is still used industrially and covered mainly in concrete is less sensitive than a residential property with a garden, or allotments or nature reserves. Once potential sites have been identified, they will be recorded and evaluated based on their potential risk. This will allow sites to be ranked into an order of high to low priority. Investigations will commence on high priority sites, in depth site information will be collated and sampling will usually be required before a decision can be made as to the degree of contamination on site.
Is all land with a past industrial use contaminated?
Not necessarily. Land may have pollutants in, on or under it but they may not be capable of causing unacceptable risks to human health or the environment. It is anticipated that whilst many former industrial or tipped sites will have a potential for contaminants to be in the soil the majority of these sites will remain outside of the scope of the legislation.
Who could be affected by land contamination?
The regime follows the ''polluter pays'' principle. Any person, organisation or business might be liable to pay for the costs of the remediation of contaminated land under Part IIa of EPA 1990. This would be if they caused or knowingly permitted the contamination. However if no polluter can be found, then the owner or occupier of the land may become responsible for clean up costs. Regulators must take into consideration a number of reasons for excluding persons from paying for remediation, one of these is hardship.
What will happen when land is identified as contaminated?
The regulator will contact those they think are responsible, and will normally discuss the case including liability and remediation requirements. If there is no satisfactory outcome, such as voluntary action, a remediation notice can be served to ensure the land is cleaned up. At least 3 months must elapse between contacting those believed to be responsible and the serving of a notice.
what is Radon?
Radon is a natural radioactive gas. You cannot see, hear, feel or taste it. It comes from the minute amounts of uranium that occur naturally in all rocks and soils. Radon is present in all parts of the UK, however, geological conditions in certain areas can lead to higher than average levels. Some of the highest radon levels have been found in the southwest, but levels well above average have been found in some other parts of the UK. Exposure to particularly high levels of radon may increase the risk of developing lung cancer. Current building control regulations 2004 require developers to take reasonable precautions in order to avoid danger to health and safety from contaminants in the ground, this includes Radon, the requirements can be viewed in approved document C (this is an external hyperlink). For further information about radon, including maps of affected areas, answers to frequently asked questions and details of a Radon measuring service please refer to the Health Protection Agency website http://www.hpa.org.uk/webw/HPAweb&Page&HPAwebAutoListName/Page/1158934607718?p=1158934607718 (this is an external hyperlink).
Am I liable if I buy or sell contaminated land?
If land has formally been determined to be contaminated land then this will be identified on a search carried out during conveyancing. If this is the case you should seek specialist advice. If land has not been formally determined as contaminated land but the history of the land is one of former industrial use, waste disposal or mineral extraction and subsequent in-filling then there is a potential for contaminants to be present within the ground. If you are concerned then you can contact the Council or you may need to seek specialist advice.
What will happen if land is redeveloped?
Redevelopment of land that is affected by contaminants is an opportunity to improve the local area and the environment. If land has been used or is adjacent to land that has been used for industrial or commercial purposes, or waste disposal, developers may be requested to submit information that identifies all former uses on and adjacent to the site and an assessment of the potential risks to human health, the environment and building structures. If this assessment identifies potential risks then the developer will be required to further investigate those risks and if necessary carry out actions to address the risks and clean up the site. If you wish to develop on a site which you suspect may be affected by contaminants then you can contact the Council to discuss the matter further. Please be aware that sampling and testing of soil and groundwater and the interpretation of results can be expensive and best left to professional advisors.
Why is Land Contamination a Material Planning Consideration?
Contamination of land can occur as a result of former industrial or commercial uses of land or adjacent land and as a result of waste disposal, chemical storage, spills or fly tipping. Contaminants can exist in soil and groundwater for many years and may be found in near surface soils and at depth. Chemicals may not remain static in a particular place, they can move through soils either as liquids, dissolved in water or other chemicals and as gases. Contaminants can also move in association with surface water such as streams or drainage ditches and groundwater. If contaminants are left in place they can result in unacceptable risks to the natural and historic environment, buildings and other property and the health of future occupants. Developers have a role to play in ensuring that land is suitable for a new use and the planning regime under the Town and Country Planning Act 1990, is an important means through which contaminated land investigation and remediation will occur.
What is the role of the land developer?
The developer is responsible for ensuring that development is safe and suitable for the purpose for which it is intended. The developer is responsible for determining whether land is suitable for a particular development or can be made so by remedial action. In particular, the developer should carry out an adequate investigation to inform a risk assessment to determine: Whether the land in question is already affected by contamination through source – pathway – receptor pollutant linkages and how those linkages are represented in a conceptual model; Whether the development proposed will create new linkages, e.g new pathways by which existing contaminants might reach existing or proposed receptors and whether it will introduce new vulnerable receptors; and What action is needed to break those linkages and avoid new ones, deal with any unacceptable risks and enable safe development and future occupancy of the site and neighbouring land. A developer will need to satisfy the local planning authority that unacceptable risk from contamination will be successfully addressed through remediation without undue environmental impact during and following the development. The assessment of the presence of contamination and of the significance of the risks that may be posed requires careful professional judgment and competent expert advice. The developer is responsible for ensuring a safe development and secure occupancy of a site and that appropriate competent professional advice is available to: Carry out any necessary investigations Assess risk; and Design and execute any necessary remediation works, including verification of their effectiveness and appropriate monitoring and maintenance where these may be needed. It is sensible that developers ensure that any advice obtained is from a company that requires continual professional development of their staff and is up to date with new and emerging technologies. Applicants who wish to submit a planning application on an area of land that has had any former commercial or industrial use are recommended to contact The Contaminated Land Officer to discuss the site prior to submitting an application.
What is the role of the Local Authority in the control of development?
Local Planning Authorities are responsible for the preparation of local development frameworks and for the control of development. In doing so, they have a duty to take account o all material planning considerations, including contamination. It is their role to plan for land uses that are appropriate in the light of all the relevant circumstances including known or suspected contamination and to determine applications, including applying and enforcing any necessary conditions. For further guidance on land contamination and the planning regime including information on what information is required to be submitted with applications and or in response to conditions please refer to our frequently asked questions.
What information needs to be submitted with my application in respect of land contamination?
If a site is known, has a potential or is suspected to be affected by contamination from either an on or off site source, then the developer/ applicant is required to submit the following information in support of their application. a desk study; a site reconnaissance (commonly called a site walkover); a preliminary assessment of risk; a decision as to whether the site could be remediated to a standard fit for purpose; a brief summary of the types of remedial options that could be employed on site to address the identified potential risks. Planning policy statement 23 requires that investigations are in accordance with British Standard BS 10175:2001 Investigation of potentially contaminated sites – code of practice. If this information is not submitted, the Contaminated Land Officer may recommend that the application is refused on the basis of insufficient information. Should the site be suspected to be severely contaminated, a desk study and site walkover may not be sufficient for the Council to determine the application and site investigation data or even a detailed remediation strategy may be required to be submitted with the application. In very rare circumstances a site may not be suitable for particular sensitive uses even with remediation. In these cases the application will be refused. To find out if the Council holds information relating to your site please contact the Contaminated Land Officer on 01329 236100.
How are planning applications assessed for land contamination issues?
If an application falls into one of the categories below, the Development Control Officer will consult with the Contaminated Land Officer to find out if there is a potential for the land to be affected by contamination. Erection of any new building (residential/ commercial/ industrial). Change of use from commercial or industrial to residential, private garden, sensitive use e.g. children’s play area. Development within an area of known former industrial/ commercial use. Development within 250m of a closed landfill. Development in areas of land that have undergone previous remediation. Development within 250m of an active landfill. The Contaminated Land Officer (CLO) will search Council records, historic maps, historic trade directory information and map based information to establish whether or not there is or has been a former commercial or industrial use, a history of, or a potential for tipping or landfilling on site or within 250m; or if the site has been subject to previous remediation actions. The CLO will also assess all information submitted with the application. Once the assessment has been completed, the Contaminated Land Officer will make recommendations to the Head of Planning regarding any objections to the application, whether conditions and/or obligations are required to be attached to any approval or whether conditions are not deemed necessary. The officer will assess each application taking into consideration information held by the Council, information submitted by the applicant and appropriate planning policy. PPS 23 Planning Policy Statement 23 Pollution Control Annex 2 Land Affected by Contamination provides guidance with regards to determining planning applications on sites affected by contamination, for more information visit the Communities website. The Development Control Officer may also send the application to the Environment Agency to obtain comments relating to developments on or within 250m of active landfill sites or sites with a current waste management license or to obtain comments in relation to pollution of controlled waters issues, site drainage, piling or anything that relates to an Environment Agency area of regulatory control.
What is the difference between the Environment Agency and Environmental Health?
The Environment Agency is a government organisation that is completely separate to Fareham Borough Council, which is responsible for the protection of the environment. Their regulatory responsibilities cover a number of different disciplines including: protection of water quality, waste disposal, air pollution, fisheries, flooding, and land quality. The Environment Agency officers work very closely with the Council to ensure that land contamination issues are dealt with through the planning process regime and under part IIA of the EPA 1990. Under the planning process the Environment Agency are a statutory consultee and they provide technical advice to the Council for issues relating to pollution of controlled waters. Therefore, the Environment Agency may request works to be carried out to satisfy them in addition to those required by the Council’s Contaminated Land team. Environmental Health, or Regulatory Services as the department is now called, are a section within Fareham Borough Council responsible for issues including: health and safety, food hygiene, abandoned vehicles, travellers, fly tipping, stray dogs, animal boarding facilities, noise, drainage problems, licensing, housing fitness, air pollution and contaminated land. As you will see there is a certain degree of cross-over between the regulatory controls.
Why do I have a condition requiring me to investigate for land contamination?
If a condition has been attached to your planning permission requiring information on land contamination to be submitted then it is likely that a potential for contamination has been noted during the consultation process but sufficient information has not been submitted in order to clarify what risks are present or enable design of suitable remedial measures. The condition may require you to submit one or some or all of the following; A desk study, site walkover and preliminary risk assessment; Site investigation; Risk Assessment; Remedial Strategy/ method statements; Validation/ verification documentation; Information relating to discovered contamination. The assessment of the presence of contamination and of the significance of the risks that may be posed requires careful professional judgment and competent expert advice.
What is a Desk Study in relation to land contamination?
The desk study involves the collation and assessment of current and historic records, documentation and maps. This study should provide a detailed account of the current and historic uses of the site and surrounding area, including identification of the activities undertaken in association with those uses, identification of the potential contaminants that could be found on the site or that could be affecting the site as a result of those activities or activities undertaken on neighbouring land. Consideration should be given to the interaction between the potential contaminants and underlying geology and hydrogeology and geography e.g. topography, surface waters, details of the intended site layout/ surfacing and the proposed new use e.g. residential with garden areas or commercial with landscaped areas. The purpose being to identify contaminants likely to be present or affecting the site and their chemical form/ properties, pathways along which contaminants may move and the receptors that the contaminants that may affect. The desk study should also consider how site investigation and the new development will affect the site; will it introduce new ways for contaminants to move across and off site? For example, will piled foundations which penetrate through clay strata to underlying chalk enable contaminants to move down into the chalk aquifer? Consideration should be given to whether site investigation could mobilise contamination and cause pollution of ground or surface waters and details of precautionary measures that can be taken to prevent such occurrences should be provided in the submitted information. Whilst useful commercial internet based desk studies on their own without further investigation and assessment are not deemed sufficient to enable discharge of planning conditions and as such they will not be approved without additional information. An initial assessment of the hazards and risks associated with the pollutant linkages should be presented within the report. This is usually in the form of a site specific conceptual model. This should identify all possible pollutant linkages considered to be applicable to the site in question. A conceptual model may be pictorial or in tabular format.
What is a site walkover with regards to land contamination?
The site walkover involves a competent and experienced person visiting the site to document visual and olfactory (odour) evidence relating to the site and surrounding area, preferably whilst the site is still active or prior to demolition. This can assist in identifying key areas of potential contamination e.g. above or underground fuel tanks, storage areas, dumped equipment or containers, staining on the ground, smelly or stagnant water, process areas within buildings, informal areas of vehicle maintenance. Walking round the site can assist in identifying potential routes along which contaminants could move such as soakaways, drainage routes, streams, gradient changes and surface run off, ground types, and surface cover. A visit can also identify nearby receptors such as housing, play areas, agricultural land, streams/ rivers/ lakes/ reservoirs/ coast, drainage ditches and sensitive environments. These reports should be compiled by an experienced and qualified consultant. The Council may not accept site investigation reports if they have not been compiled by a competent person. Guidance documents that may help with the desk study and site walkover and preliminary risk assessment include: British Standard BS10175:2001 Investigation of potentially contaminated sites – code of practice. Department of Environment (1995) Industry Profile series DEFRA and Environment Agency (2002) Contaminated Land Report (CLR) 8 Potential contaminants for the assessment of land NHBC and Environment Agency (2000) Guidance for the safe development of housing on land affected by contamination. DEFRA and Environment Agency Contaminated Land Report (CLR) 11 Model Procedures for the Management of Land Contamination. www.environment-agency.gov.uk/subjects/landquality/113813/881475/?lang=_e.
What is a Site Investigation with regards to land contamination?
If the desk study and site walkover identify a potential for contaminants to be present then the developer/ applicant will be required to undertake a site investigation, this will need to be documented in a report and sent to the Council for approval. The site investigation should identify the types and concentrations of contaminants present and how wide and deep the contamination is spread across the site. The site investigation will need to be in accordance with the guidance in British Standard BS 10175:2001 Investigation of potentially contaminated sites – code of practice. The site investigation should seek to confirm information identified in the desk study, site walkover and conceptual model by way of physical investigations such as examination of geological strata, soil sampling, groundwater sampling and monitoring of hazardous gases and vapours. It is recommended that the reasoning behind why samples have been taken from particular areas or why monitoring boreholes have been placed in certain areas is included within the report; this is referred to as a sampling methodology and could be in a tabular format. Samples taken from the site should be appropriately labelled, packaged and sent to laboratories for analysis. It is recommended that laboratories are MCERTS accredited for the analysis being requested. Obtaining good representative sample data is technically complicated and should be left to experienced and qualified consultants. The Council will not accept site investigation reports if they have not been compiled by a competent person.
What is Risk Assessment in relation to land contamination?
A risk assessment will be required to assess whether the results of samples for substances on site indicate potential risks to human health, the building fabric, services, the environment and ground and surface waters. This is usually reported in the site investigation report. Statistical manipulation of sample data may be required during the risk assessment phase. Risk assessment can be undertaken at various levels ranging from qualitative risk assessment, generic quantitative risk assessment through to detailed quantitative site specific risk assessments. This is complicated and should be left to experienced and qualified consultants. Following each stage of investigation and risk assessment the conceptual model should be modified to show only those pollutant linkages of concern. Guidance documents that may assist with risk assessment include: DEFRA and Environment Agency Contaminated Land Report (CLR) 11 Model procedures for the management of land contamination. Environment Agency Contaminated Land Reports 7-10 Environment Agency Soil Guideline Reports Series Environment Agency Toxicology Reports Series. Environment Agency Fact Sheet No. FS-01 Fact sheet for the SNIFFER framework. Environment Agency Fact Sheet No. FS-02 Fact sheet for the RBCA Tool Kit for Chemical Releases. Environment Agency Fact Sheet No. FS-03 Fact sheet for RISC-HUMAN 3.1. Environment Agency Fact Sheet No. FS-04 Fact sheet for RISC. Environment Agency Fact Sheet No. FS-05 Fact sheet for Risk* Assistant (1.1) Environment Agency Fact Sheet No. FS-06 Fact sheet for the Contaminated Land Exposure Assessment (CLEA) 2002 model.
What is a Remediation Strategy in relation to land contamination?
Should unacceptable risks exist, then a remediation strategy shall need to be designed and sent to the Council for approval prior to remedial works being carried out. This should summarise the pollutant linkages of concern and the risks associated with the pollutant linkages. The objectives of remediation should be clearly stated. The strategy should describe the remediation actions that will be necessary to address the risks from contamination, for example gas protection measures within building structures, bioremediation, soil stabilisation, excavation of soil and removal off site, air sparging, pump and treat etc. Dependant upon the remedial actions to be employed, the strategy document should include supporting information such as detailed method statements, plans, specifications, remediation criteria etc. It is recommended that the content is agreed/ discussed with the Contaminated Land Officer. The remediation strategy should state whether permission is required from other regulatory bodies such as discharge consents, waste management licences or exemptions, mobile treatment licences and any timescales associated with obtaining these permissions. Dependant upon the degree of risk the Council may require that implementation of the remedial measures are supervised by a competent person. Failure to ensure this may result in problems discharging any planning conditions. Guidance documents that may assist in developing the remediation strategy include: DEFRA and Environment Agency guidance document Contaminated Land Report (CLR) 11 Model procedures for the management of land contamination which can be found on their website at http://www.environment-agency.gov.uk/research/library/consultations/56554.aspx
What is Validation/Verification Documentation with regards to land contamination?
Once remedial actions for a site have been agreed it will be necessary for these to be implemented. Following the implementation of any remedial measures, validation documentation will be required to confirm that the remedial works were carried out in accordance with the submitted remediation strategy. This should summarise the actions that have been taken and provide a statement that the site is considered suitable for its proposed use. The validation documents should include plans indicating any areas where soil has been excavated or imported, the results of any validation sampling (i.e from the base and sides of excavations or samples from bioremediated soil etc), details of imported sub and/or top soil plus accompanying sample results, photographic evidence of each stage of remediation and as built drawings where required for example foundation design showing gas protection measures. This may be on a whole development scale or on a plot by plot basis. Validation may also be needed for NHBC or building control purposes. Dependant upon the degree of risk the Council may require that the validation documents are compiled by a competent person. Guidance documents that may assist with validation reporting include: DEFRA and Environment Agency Contaminated Land Report (CLR) 11 Model procedures for the management of land contamination.
Where do I find a consultant to undertake remedial work with regards to land contamination?
I recommend obtaining quotes from environmental consultants as listed in Classified Pages of the BT Phone Book, Yellow Pages or on http://www.endsdirectory.com/search/ website.
How do I know if the Consultant providing the land contamination remedial work will do a good job?
There is no certainty that a hired professional will always do a good job for you, but by making yourself more aware of what you want them to do and by asking a few questions it will help you to make sure your money is well spent. Always get quotes from at least three separate companies, make sure that the quotes are broken down so that it explains what you will get for your money and will make comparisons easier. Take time to discuss the site and any planning conditions with the consultancy firm and explain that it is necessary that sufficient information is submitted to satisfy the local authority. Ask what information they will use in the desk study (be wary if they only mention the inclusion of an internet based search, this information whilst useful does not constitute a desk study as in accordance with recommended guidance and will not be accepted by the Council). Ask them if they will contact the contaminated land officer to find out what information is already held about the site. Check if the member of staff and their manager who will be undertaking your work has experience in similar types of work. Ask for the staff qualifications and CVs. Ask for references and follow them up. Ask referees whether they were happy with the work, was it submitted on time or within an agreed deadline, have there been any subsequent problems, were there any problems with invoicing or payment requirements, what was the total cost of the project, were letters and reports professionally presented, did the firm appear competent, if work was related to a development site did it proceed smoothly were any conditions discharged? Did any problems with the local authority arise? Have they managed projects before? If so ask for examples. Do they have experience in writing comprehensive reports? Do they understand the legislation and guidance documents – ask them about some of the guidance documents referred to in the “helpful guidance” sections. Do they have in-house quality assurance procedures? Do they have experience in risk assessment? Do they have the ability to bring in site equipment? How do they work out their costs and what will it cost if they need to do work extra to the original quote? For example how much will they charge if the Council question work undertaken or want clarification of certain information? Will the consultants discuss requirements with the Council on your behalf? Will the company sign off the site as being “suitable for use” at the end of the job? Will the company be able to see the development through all stages from desk study to remediation and validation should this be required? Will the consultants submit information to the regulatory authorities on your behalf or will the information and documentation obtained be sent to yourself only? Does the company have the capabilities of carrying out the work in terms of access to equipment and or software?
When do I need to submit each stage of the land contaminatino remedial work by?
This will be site specific and it is recommended you discuss this with the Contaminated Land Officer but generally the following will apply: For sites with known or a high potential for contamination you may need to submit information with the planning application otherwise it may not be possible to determine the application. It is recommended that you arrange pre-application discussions with the Planning Officer and the Contaminated Land Officer. If your site has been given permission with condition(s) relating to contaminated land then depending upon the wording of the condition it is likely you will be required to submit evidence of the state of the land and its potential risk prior to the commencement of development. Development may include demolition of existing structures or intrusive groundworks. You will need to allow at least 10 working days following the submission of reports to enable the Contaminated Land Team to review the data and assess whether it is satisfactory. Complex reports may take longer to assess. If the desk study, site investigation and remediation strategy reports are approved then following commencement of development works you will be required to submit a validation report confirming that the remediation measures have successfully addressed all risks from contamination, this will usually be required prior to the occupation of the dwellings or the buildings being bought into use. It is recommended that you keep in regular contact with the Contaminated Land Officer throughout the project.
What if the submitted information regarding land contamination is deemed to be insufficient?
If information is submitted and it is deemed to be insufficient then you will be informed of why it is considered to be insufficient, and you will be required to submit further information. If you are concerned about this, make sure you contact the Contaminated Land Officer to discuss the proposals before commissioning the work.
What if I start work prior to submitting information required by a condition with regards to land contamination?
You could face enforcement action based on breach of a condition or you could be required to stop works. It is strongly advised that all required information is submitted in line with any condition. This situation can be easily avoided and if you are in any doubt please contact either your Planning Officer or the Contaminated Land Officer.
When will the condition with regards to land contamination be discharged?
The condition will be discharged when all of the required information has been submitted and is considered to be sufficient, and not before. It may be that validation information will not be available until well into the development stages.
Can I face legal action if I don't submit any of the required information with regards to land contamination?
If you do not undertake any of the required work you may face enforcement action under a number of different regimes including planning, building control, and part IIA of the Environmental Protection Act 1990. You may be liable for remediation costs which could require going back on site to undertake sampling and remediation that should have been done during the development. A worse case scenario would be that the development would have to be demolished.
Will land contamination impact anything else in the development?
Possibly! Depending upon what contamination is found on site and depending upon whether it is dealt with properly you may find that it could impact upon: Project timescales; Development design and layout, particularly in terms of landscaping; Foundation and engineering considerations; Cost of soil disposal; Drainage design; Requirements for the importation of sub/ topsoil; Obtaining licences e.g. discharge consents, mobile treatment licence; Local Authority Building Control or NHBC completion; Health and Safety requirements; Potential for pollution incidents (particularly if surface waters are close by); Dewatering of excavations; Sale of houses/ mortgages. Helpful documents: Ciria (2004) Ciria Report 578 Brownfields - managing the development of previously developed land: A Clients Guide. Ciria (1996) Ciria Report 132 A guide for safe working on contaminated sites.
I've found a suspicious substance on site or have uncovered some buried tanks/drums. What action should I take?
If you or a worker on site find a suspicious substance on site such as oily or stained ground, made ground with ash, car parts, rags, wood or obvious waste materials, highly odourous soil such as rotten eggs, petrol, fuel or solvent type smells or uncover some buried drums, storage containers or tanks, then you will need to take advice from professional consultants to find out if you and your workers, nearby buildings/ residents, watercourses and the new development are at risk, in addition to ensuring that you are not breaching any environmental legislation. Leaving substances like this in the ground without assessment can expose future residents to harmful substances and can lead to action being taken against you in the future. Unknown substances can be potentially dangerous and a risk assessment should always be undertaken prior to exposing yourself and others. It is recommended that if it is safe, you make notes detailing what you have found such as the appearance, liquid / solid, any odours, colour variations, depth, approximate quantity etc and if possible take photographs. This documentation will assist you when you speak to consultants and will be essential when proving that the site is suitable for use. You should also contact the Contaminated Land Officer to inform them of the situation. An officer may wish to visit the site to look at what has been found.
How can I find out if the Council holds any information relating to land contamination?
Previously submitted reports, planning histories and archived files held by the Council may assist when under taking a desk study on a site. The Department of Regulatory Services Contaminated Land Team will undertake a search of the records held in the Department of Regulatory Services to check what information is held by the Council for a fee. This service does not include copies of file data or maps as this may be subject to additional charges. Some information held by the Council can be viewed free of charge at the Council offices. To make enquiries about this service and whether it would be of use, or to make an appointment to view information, please contact the Contaminated Land Officer or email regulatory@fareham.gov.uk. The payment of the required fee plus a plan showing the boundary of the site is required before the search will be undertaken
How can I find out more about land contamination?
To find out more about contaminated land you can view the Council''s website www.fareham.gov.uk, DEFRA website www.defra.gov.uk, Environment Agency website www.environment-agency.gov.uk.
How can I find out more about land contamination?
To find out more about contaminated land you can view the Council''s website www.fareham.gov.uk, DEFRA website www.defra.gov.uk, Environment Agency website www.environment-agency.gov.uk.
Contaminated Land
In April 2000 all local authorities in England and Wales were given a new statutory duty, under Part IIa of the Environmental Protection Act (EPA) 1990, to identify areas of contaminated land and secure the clean up of these areas. Local authorities were required to produce a Contaminated Land Inspection Strategy detailing how inspections for contamination would take
place in their area.
The Contaminated Land Inspection Strategy for Fareham Borough was approved by the former Health and Environment Committee on 22nd May 2001 and it was published in July 2001.
- What is contaminated land?
- How does land become contaminated?
- What are the responsibilities of the Regulators?
- How is Fareham Borough Council identifying contaminated land?
- Is all land with a past industrial use contaminated?
- Who could be affected?
- What will happen when land is identified as contaminated?
- What is Radon?
- Am I liable if I buy or sell contaminated land?
- What will happen if land is redeveloped?
- Land Contamination and the Planning Regime
- Contacts
What is contaminated land?
The legal definition of contaminated land is as follows:
Contaminated land is 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:
- significant harm is being caused or there is a significant possibility of such harm being caused or
- pollution of controlled waters is being, or is likely to be, caused.
In simpler terms this could be land where there are substances in, on or under it that are hazardous to health or the environment.
How does land become contaminated?
Contamination is mainly associated with the current or past uses of land. In particular, industrial activities, waste disposal and chemical spills contribute to the quantity and type of contaminants on a piece of land. This could be from the industrial revolution to the present day. In certain circumstances even earlier industrial processes may have caused persistent contamination of the soil.
Chemicals and ground gases can occur naturally in high levels depending upon the rock structures in that area. This needs to be taken into account when considering contamination on a site.
What are the responsibilities of the regulators?
In most circumstances Fareham Borough Council will be the regulatory authority for contaminated land sites within the Fareham Borough. However for certain "special sites" the Environment Agency will take over from the Council as the regulator after the site has been formally been determined to be contaminated land.
The role of the regulators is to:
- inspect their areas to identify any contaminated land
- establish responsibilities for remediation of the land
- ensure that appropriate remediation takes place.
- through agreement with those responsible, or if not possible
- by serving a remediation notice, or
- in certain cases, carrying out the work themselves, or
- in certain cases, through other powers.
- keep a public register detailing the regulatory action which they have taken under part IIa of the Environment Protection Act 1990.
The Department for Environment, Food and Rural Affairs (DEFRA) has specified that investigations have to be rational, ordered and efficient, taking into consideration those areas most likely to be affected by contaminants.
How is Fareham Borough Council identifying contaminated land?
The Council has a duty to inspect the whole of the Borough to identify contaminated land. Work is currently being undertaken by the Pollution Team to gather information about the whole Borough so those areas where contamination is most likely to exist can be identified and singled out for more detailed investigation and sampling.
The areas most likely to be contaminated are areas that have been used for waste disposal and industrial/commercial processes. There is no single source of information that will identify all of these sites but old maps and trade directories are a good starting point. In addition archived local authority and county council records, local history books, photographs and first hand accounts from workers at old industrial sites are all useful.
The Pollution Team are currently gathering this information and identifying pieces of land where contamination is suspected. This will be compared against the current land uses and other environmental information to determine the most sensitive areas. For example land that is still used industrially and covered mainly in concrete is less sensitive than a residential property with a garden, or allotments or nature reserves.
Once potential sites have been identified, they will be recorded and evaluated based on their potential risk. This will allow sites to be ranked into an order of high to low priority. Investigations will commence on high priority sites, in depth site information will be collated and sampling will usually be required before a decision can be made as to the degree of contamination on site.
Does this mean any land with a past industrial use will be contaminated?
Not necessarily. Land may have pollutants in, on or under it but they may not be capable of causing unacceptable risks to human health or the environment. It is anticipated that whilst many former industrial or tipped sites will have a potential for contaminants to be in the soil the majority of these sites will remain outside of the scope of the legislation.
Who could be affected?
The regime follows the 'polluter pays' principle. Any person, organisation or business might be liable to pay for the costs of the remediation of contaminated land under Part IIa of EPA 1990. This would be if they caused or knowingly permitted the contamination. However if no polluter can be found, then the owner or occupier of the land may become responsible for clean up costs. Regulators must take into consideration a number of reasons for excluding persons from paying for remediation, one of these is hardship.
What will happen when land is identified as contaminated?
The regulator will contact those they think are responsible, and will normally discuss the case including liability and remediation requirements. If there is no satisfactory outcome, such as voluntary action, a remediation notice can be served to ensure the land is cleaned up. At least 3 months must elapse between contacting those believed to be responsible and the serving of a notice.
What is Radon?
Radon is a natural radioactive gas. You cannot see, hear, feel or taste it. It comes from the minute amounts of uranium that occur naturally in all rocks and soils. Radon is present in all parts of the UK, however, geological conditions in certain areas can lead to higher than average levels. Some of the highest radon levels have been found in the southwest, but levels well above average have been found in some other parts of the UK. Exposure to particularly high levels of radon may increase the risk of developing lung cancer. Current building control regulations 2004 require developers to take reasonable precautions in order to avoid danger to health and safety from contaminants in the ground, this includes Radon, the requirements can be viewed in approved document C (this is an external hyperlink).
For further information about radon, including maps of affected areas, answers to frequently asked questions and details of a Radon measuring service please refer to the Health Protection Agency website http://www.hpa.org.uk/webw/HPAweb&Page&HPAwebAutoListName/Page/1158934607718?p=1158934607718 (this is an external hyperlink).
Am I liable if I buy or sell contaminated land?
If land has formally been determined to be contaminated land then this will be identified on a search carried out during conveyancing. If this is the case you should seek specialist advice. If land has not been formally determined as contaminated land but the history of the land is one of former industrial use, waste disposal or mineral extraction and subsequent in-filling then there is a potential for contaminants to be present within the ground. If you are concerned then you can contact the Council or you may need to seek specialist advice.
What will happen if land is redeveloped?
Redevelopment of land that is affected by contaminants is an opportunity to improve the local area and the environment. If land has been used or is adjacent to land that has been used for industrial or commercial purposes, or waste disposal, developers may be requested to submit information that identifies all former uses on and adjacent to the site and an assessment of the potential risks to human health, the environment and building structures. If this assessment identifies potential risks then the developer will be required to further investigate those risks and if necessary carry out actions to address the risks and clean up the site. If you wish to develop on a site which you suspect may be affected by contaminants then you can contact the Council to discuss the matter further. Please be aware that sampling and testing of soil and groundwater and the interpretation of results can be expensive and best left to professional advisors.
Contacts
Further information can be found on the DEFRA (this is an external hyperlink) or Environment Agency (this is an external hyperlink) websites.
If you wish to discuss any land contamination issues or if you have knowledge of former industrial sites and they way they worked within the Fareham Borough please contact us by email regulatory@fareham.gov.uk or telephone on 01329 236100.
Frequently Asked Questions
What is contaminated land?The legal definition of contaminated land is as follows: Contaminated land is 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: significant harm is being caused or there is a significant possibility of such harm being caused or pollution of controlled waters is being, or is likely to be, caused. In simpler terms this could be land where there are substances in, on or under it that are hazardous to health or the environment.
How does land become contaminated?
Contamination is mainly associated with the current or past uses of land. In particular, industrial activities, waste disposal and chemical spills contribute to the quantity and type of contaminants on a piece of land. This could be from the industrial revolution to the present day. In certain circumstances even earlier industrial processes may have caused persistent contamination of the soil. Chemicals and ground gases can occur naturally in high levels depending upon the rock structures in that area. This needs to be taken into account when considering contamination on a site.
What are the responsibilities of the regulators?
In most circumstances Fareham Borough Council will be the regulatory authority for contaminated land sites within the Fareham Borough. However for certain "special sites" the Environment Agency will take over from the Council as the regulator after the site has been formally been determined to be contaminated land. The role of the regulators is to: inspect their areas to identify any contaminated land establish responsibilities for remediation of the land ensure that appropriate remediation takes place. through agreement with those responsible, or if not possible by serving a remediation notice, or in certain cases, carrying out the work themselves, or in certain cases, through other powers. keep a public register detailing the regulatory action which they have taken under part IIa of the Environment Protection Act 1990. The Department for Environment, Food and Rural Affairs (DEFRA) has specified that investigations have to be rational, ordered and efficient, taking into consideration those areas most likely to be affected by contaminants.
How is Fareham Borough Council identifying contaminated land?
The Council has a duty to inspect the whole of the Borough to identify contaminated land. Work is currently being undertaken by the Pollution Team to gather information about the whole Borough so those areas where contamination is most likely to exist can be identified and singled out for more detailed investigation and sampling. The areas most likely to be contaminated are areas that have been used for waste disposal and industrial/commercial processes. There is no single source of information that will identify all of these sites but old maps and trade directories are a good starting point. In addition archived local authority and county council records, local history books, photographs and first hand accounts from workers at old industrial sites are all useful. The Pollution Team are currently gathering this information and identifying pieces of land where contamination is suspected. This will be compared against the current land uses and other environmental information to determine the most sensitive areas. For example land that is still used industrially and covered mainly in concrete is less sensitive than a residential property with a garden, or allotments or nature reserves. Once potential sites have been identified, they will be recorded and evaluated based on their potential risk. This will allow sites to be ranked into an order of high to low priority. Investigations will commence on high priority sites, in depth site information will be collated and sampling will usually be required before a decision can be made as to the degree of contamination on site.
Is all land with a past industrial use contaminated?
Not necessarily. Land may have pollutants in, on or under it but they may not be capable of causing unacceptable risks to human health or the environment. It is anticipated that whilst many former industrial or tipped sites will have a potential for contaminants to be in the soil the majority of these sites will remain outside of the scope of the legislation.
Who could be affected by land contamination?
The regime follows the ''polluter pays'' principle. Any person, organisation or business might be liable to pay for the costs of the remediation of contaminated land under Part IIa of EPA 1990. This would be if they caused or knowingly permitted the contamination. However if no polluter can be found, then the owner or occupier of the land may become responsible for clean up costs. Regulators must take into consideration a number of reasons for excluding persons from paying for remediation, one of these is hardship.
What will happen when land is identified as contaminated?
The regulator will contact those they think are responsible, and will normally discuss the case including liability and remediation requirements. If there is no satisfactory outcome, such as voluntary action, a remediation notice can be served to ensure the land is cleaned up. At least 3 months must elapse between contacting those believed to be responsible and the serving of a notice.
what is Radon?
Radon is a natural radioactive gas. You cannot see, hear, feel or taste it. It comes from the minute amounts of uranium that occur naturally in all rocks and soils. Radon is present in all parts of the UK, however, geological conditions in certain areas can lead to higher than average levels. Some of the highest radon levels have been found in the southwest, but levels well above average have been found in some other parts of the UK. Exposure to particularly high levels of radon may increase the risk of developing lung cancer. Current building control regulations 2004 require developers to take reasonable precautions in order to avoid danger to health and safety from contaminants in the ground, this includes Radon, the requirements can be viewed in approved document C (this is an external hyperlink). For further information about radon, including maps of affected areas, answers to frequently asked questions and details of a Radon measuring service please refer to the Health Protection Agency website http://www.hpa.org.uk/webw/HPAweb&Page&HPAwebAutoListName/Page/1158934607718?p=1158934607718 (this is an external hyperlink).
Am I liable if I buy or sell contaminated land?
If land has formally been determined to be contaminated land then this will be identified on a search carried out during conveyancing. If this is the case you should seek specialist advice. If land has not been formally determined as contaminated land but the history of the land is one of former industrial use, waste disposal or mineral extraction and subsequent in-filling then there is a potential for contaminants to be present within the ground. If you are concerned then you can contact the Council or you may need to seek specialist advice.
What will happen if land is redeveloped?
Redevelopment of land that is affected by contaminants is an opportunity to improve the local area and the environment. If land has been used or is adjacent to land that has been used for industrial or commercial purposes, or waste disposal, developers may be requested to submit information that identifies all former uses on and adjacent to the site and an assessment of the potential risks to human health, the environment and building structures. If this assessment identifies potential risks then the developer will be required to further investigate those risks and if necessary carry out actions to address the risks and clean up the site. If you wish to develop on a site which you suspect may be affected by contaminants then you can contact the Council to discuss the matter further. Please be aware that sampling and testing of soil and groundwater and the interpretation of results can be expensive and best left to professional advisors.
Why is Land Contamination a Material Planning Consideration?
Contamination of land can occur as a result of former industrial or commercial uses of land or adjacent land and as a result of waste disposal, chemical storage, spills or fly tipping. Contaminants can exist in soil and groundwater for many years and may be found in near surface soils and at depth. Chemicals may not remain static in a particular place, they can move through soils either as liquids, dissolved in water or other chemicals and as gases. Contaminants can also move in association with surface water such as streams or drainage ditches and groundwater. If contaminants are left in place they can result in unacceptable risks to the natural and historic environment, buildings and other property and the health of future occupants. Developers have a role to play in ensuring that land is suitable for a new use and the planning regime under the Town and Country Planning Act 1990, is an important means through which contaminated land investigation and remediation will occur.
What is the role of the land developer?
The developer is responsible for ensuring that development is safe and suitable for the purpose for which it is intended. The developer is responsible for determining whether land is suitable for a particular development or can be made so by remedial action. In particular, the developer should carry out an adequate investigation to inform a risk assessment to determine: Whether the land in question is already affected by contamination through source – pathway – receptor pollutant linkages and how those linkages are represented in a conceptual model; Whether the development proposed will create new linkages, e.g new pathways by which existing contaminants might reach existing or proposed receptors and whether it will introduce new vulnerable receptors; and What action is needed to break those linkages and avoid new ones, deal with any unacceptable risks and enable safe development and future occupancy of the site and neighbouring land. A developer will need to satisfy the local planning authority that unacceptable risk from contamination will be successfully addressed through remediation without undue environmental impact during and following the development. The assessment of the presence of contamination and of the significance of the risks that may be posed requires careful professional judgment and competent expert advice. The developer is responsible for ensuring a safe development and secure occupancy of a site and that appropriate competent professional advice is available to: Carry out any necessary investigations Assess risk; and Design and execute any necessary remediation works, including verification of their effectiveness and appropriate monitoring and maintenance where these may be needed. It is sensible that developers ensure that any advice obtained is from a company that requires continual professional development of their staff and is up to date with new and emerging technologies. Applicants who wish to submit a planning application on an area of land that has had any former commercial or industrial use are recommended to contact The Contaminated Land Officer to discuss the site prior to submitting an application.
What is the role of the Local Authority in the control of development?
Local Planning Authorities are responsible for the preparation of local development frameworks and for the control of development. In doing so, they have a duty to take account o all material planning considerations, including contamination. It is their role to plan for land uses that are appropriate in the light of all the relevant circumstances including known or suspected contamination and to determine applications, including applying and enforcing any necessary conditions. For further guidance on land contamination and the planning regime including information on what information is required to be submitted with applications and or in response to conditions please refer to our frequently asked questions.
What information needs to be submitted with my application in respect of land contamination?
If a site is known, has a potential or is suspected to be affected by contamination from either an on or off site source, then the developer/ applicant is required to submit the following information in support of their application. a desk study; a site reconnaissance (commonly called a site walkover); a preliminary assessment of risk; a decision as to whether the site could be remediated to a standard fit for purpose; a brief summary of the types of remedial options that could be employed on site to address the identified potential risks. Planning policy statement 23 requires that investigations are in accordance with British Standard BS 10175:2001 Investigation of potentially contaminated sites – code of practice. If this information is not submitted, the Contaminated Land Officer may recommend that the application is refused on the basis of insufficient information. Should the site be suspected to be severely contaminated, a desk study and site walkover may not be sufficient for the Council to determine the application and site investigation data or even a detailed remediation strategy may be required to be submitted with the application. In very rare circumstances a site may not be suitable for particular sensitive uses even with remediation. In these cases the application will be refused. To find out if the Council holds information relating to your site please contact the Contaminated Land Officer on 01329 236100.
How are planning applications assessed for land contamination issues?
If an application falls into one of the categories below, the Development Control Officer will consult with the Contaminated Land Officer to find out if there is a potential for the land to be affected by contamination. Erection of any new building (residential/ commercial/ industrial). Change of use from commercial or industrial to residential, private garden, sensitive use e.g. children’s play area. Development within an area of known former industrial/ commercial use. Development within 250m of a closed landfill. Development in areas of land that have undergone previous remediation. Development within 250m of an active landfill. The Contaminated Land Officer (CLO) will search Council records, historic maps, historic trade directory information and map based information to establish whether or not there is or has been a former commercial or industrial use, a history of, or a potential for tipping or landfilling on site or within 250m; or if the site has been subject to previous remediation actions. The CLO will also assess all information submitted with the application. Once the assessment has been completed, the Contaminated Land Officer will make recommendations to the Head of Planning regarding any objections to the application, whether conditions and/or obligations are required to be attached to any approval or whether conditions are not deemed necessary. The officer will assess each application taking into consideration information held by the Council, information submitted by the applicant and appropriate planning policy. PPS 23 Planning Policy Statement 23 Pollution Control Annex 2 Land Affected by Contamination provides guidance with regards to determining planning applications on sites affected by contamination, for more information visit the Communities website. The Development Control Officer may also send the application to the Environment Agency to obtain comments relating to developments on or within 250m of active landfill sites or sites with a current waste management license or to obtain comments in relation to pollution of controlled waters issues, site drainage, piling or anything that relates to an Environment Agency area of regulatory control.
What is the difference between the Environment Agency and Environmental Health?
The Environment Agency is a government organisation that is completely separate to Fareham Borough Council, which is responsible for the protection of the environment. Their regulatory responsibilities cover a number of different disciplines including: protection of water quality, waste disposal, air pollution, fisheries, flooding, and land quality. The Environment Agency officers work very closely with the Council to ensure that land contamination issues are dealt with through the planning process regime and under part IIA of the EPA 1990. Under the planning process the Environment Agency are a statutory consultee and they provide technical advice to the Council for issues relating to pollution of controlled waters. Therefore, the Environment Agency may request works to be carried out to satisfy them in addition to those required by the Council’s Contaminated Land team. Environmental Health, or Regulatory Services as the department is now called, are a section within Fareham Borough Council responsible for issues including: health and safety, food hygiene, abandoned vehicles, travellers, fly tipping, stray dogs, animal boarding facilities, noise, drainage problems, licensing, housing fitness, air pollution and contaminated land. As you will see there is a certain degree of cross-over between the regulatory controls.
Why do I have a condition requiring me to investigate for land contamination?
If a condition has been attached to your planning permission requiring information on land contamination to be submitted then it is likely that a potential for contamination has been noted during the consultation process but sufficient information has not been submitted in order to clarify what risks are present or enable design of suitable remedial measures. The condition may require you to submit one or some or all of the following; A desk study, site walkover and preliminary risk assessment; Site investigation; Risk Assessment; Remedial Strategy/ method statements; Validation/ verification documentation; Information relating to discovered contamination. The assessment of the presence of contamination and of the significance of the risks that may be posed requires careful professional judgment and competent expert advice.
What is a Desk Study in relation to land contamination?
The desk study involves the collation and assessment of current and historic records, documentation and maps. This study should provide a detailed account of the current and historic uses of the site and surrounding area, including identification of the activities undertaken in association with those uses, identification of the potential contaminants that could be found on the site or that could be affecting the site as a result of those activities or activities undertaken on neighbouring land. Consideration should be given to the interaction between the potential contaminants and underlying geology and hydrogeology and geography e.g. topography, surface waters, details of the intended site layout/ surfacing and the proposed new use e.g. residential with garden areas or commercial with landscaped areas. The purpose being to identify contaminants likely to be present or affecting the site and their chemical form/ properties, pathways along which contaminants may move and the receptors that the contaminants that may affect. The desk study should also consider how site investigation and the new development will affect the site; will it introduce new ways for contaminants to move across and off site? For example, will piled foundations which penetrate through clay strata to underlying chalk enable contaminants to move down into the chalk aquifer? Consideration should be given to whether site investigation could mobilise contamination and cause pollution of ground or surface waters and details of precautionary measures that can be taken to prevent such occurrences should be provided in the submitted information. Whilst useful commercial internet based desk studies on their own without further investigation and assessment are not deemed sufficient to enable discharge of planning conditions and as such they will not be approved without additional information. An initial assessment of the hazards and risks associated with the pollutant linkages should be presented within the report. This is usually in the form of a site specific conceptual model. This should identify all possible pollutant linkages considered to be applicable to the site in question. A conceptual model may be pictorial or in tabular format.
What is a site walkover with regards to land contamination?
The site walkover involves a competent and experienced person visiting the site to document visual and olfactory (odour) evidence relating to the site and surrounding area, preferably whilst the site is still active or prior to demolition. This can assist in identifying key areas of potential contamination e.g. above or underground fuel tanks, storage areas, dumped equipment or containers, staining on the ground, smelly or stagnant water, process areas within buildings, informal areas of vehicle maintenance. Walking round the site can assist in identifying potential routes along which contaminants could move such as soakaways, drainage routes, streams, gradient changes and surface run off, ground types, and surface cover. A visit can also identify nearby receptors such as housing, play areas, agricultural land, streams/ rivers/ lakes/ reservoirs/ coast, drainage ditches and sensitive environments. These reports should be compiled by an experienced and qualified consultant. The Council may not accept site investigation reports if they have not been compiled by a competent person. Guidance documents that may help with the desk study and site walkover and preliminary risk assessment include: British Standard BS10175:2001 Investigation of potentially contaminated sites – code of practice. Department of Environment (1995) Industry Profile series DEFRA and Environment Agency (2002) Contaminated Land Report (CLR) 8 Potential contaminants for the assessment of land NHBC and Environment Agency (2000) Guidance for the safe development of housing on land affected by contamination. DEFRA and Environment Agency Contaminated Land Report (CLR) 11 Model Procedures for the Management of Land Contamination. www.environment-agency.gov.uk/subjects/landquality/113813/881475/?lang=_e.
What is a Site Investigation with regards to land contamination?
If the desk study and site walkover identify a potential for contaminants to be present then the developer/ applicant will be required to undertake a site investigation, this will need to be documented in a report and sent to the Council for approval. The site investigation should identify the types and concentrations of contaminants present and how wide and deep the contamination is spread across the site. The site investigation will need to be in accordance with the guidance in British Standard BS 10175:2001 Investigation of potentially contaminated sites – code of practice. The site investigation should seek to confirm information identified in the desk study, site walkover and conceptual model by way of physical investigations such as examination of geological strata, soil sampling, groundwater sampling and monitoring of hazardous gases and vapours. It is recommended that the reasoning behind why samples have been taken from particular areas or why monitoring boreholes have been placed in certain areas is included within the report; this is referred to as a sampling methodology and could be in a tabular format. Samples taken from the site should be appropriately labelled, packaged and sent to laboratories for analysis. It is recommended that laboratories are MCERTS accredited for the analysis being requested. Obtaining good representative sample data is technically complicated and should be left to experienced and qualified consultants. The Council will not accept site investigation reports if they have not been compiled by a competent person.
What is Risk Assessment in relation to land contamination?
A risk assessment will be required to assess whether the results of samples for substances on site indicate potential risks to human health, the building fabric, services, the environment and ground and surface waters. This is usually reported in the site investigation report. Statistical manipulation of sample data may be required during the risk assessment phase. Risk assessment can be undertaken at various levels ranging from qualitative risk assessment, generic quantitative risk assessment through to detailed quantitative site specific risk assessments. This is complicated and should be left to experienced and qualified consultants. Following each stage of investigation and risk assessment the conceptual model should be modified to show only those pollutant linkages of concern. Guidance documents that may assist with risk assessment include: DEFRA and Environment Agency Contaminated Land Report (CLR) 11 Model procedures for the management of land contamination. Environment Agency Contaminated Land Reports 7-10 Environment Agency Soil Guideline Reports Series Environment Agency Toxicology Reports Series. Environment Agency Fact Sheet No. FS-01 Fact sheet for the SNIFFER framework. Environment Agency Fact Sheet No. FS-02 Fact sheet for the RBCA Tool Kit for Chemical Releases. Environment Agency Fact Sheet No. FS-03 Fact sheet for RISC-HUMAN 3.1. Environment Agency Fact Sheet No. FS-04 Fact sheet for RISC. Environment Agency Fact Sheet No. FS-05 Fact sheet for Risk* Assistant (1.1) Environment Agency Fact Sheet No. FS-06 Fact sheet for the Contaminated Land Exposure Assessment (CLEA) 2002 model.
What is a Remediation Strategy in relation to land contamination?
Should unacceptable risks exist, then a remediation strategy shall need to be designed and sent to the Council for approval prior to remedial works being carried out. This should summarise the pollutant linkages of concern and the risks associated with the pollutant linkages. The objectives of remediation should be clearly stated. The strategy should describe the remediation actions that will be necessary to address the risks from contamination, for example gas protection measures within building structures, bioremediation, soil stabilisation, excavation of soil and removal off site, air sparging, pump and treat etc. Dependant upon the remedial actions to be employed, the strategy document should include supporting information such as detailed method statements, plans, specifications, remediation criteria etc. It is recommended that the content is agreed/ discussed with the Contaminated Land Officer. The remediation strategy should state whether permission is required from other regulatory bodies such as discharge consents, waste management licences or exemptions, mobile treatment licences and any timescales associated with obtaining these permissions. Dependant upon the degree of risk the Council may require that implementation of the remedial measures are supervised by a competent person. Failure to ensure this may result in problems discharging any planning conditions. Guidance documents that may assist in developing the remediation strategy include: DEFRA and Environment Agency guidance document Contaminated Land Report (CLR) 11 Model procedures for the management of land contamination which can be found on their website at http://www.environment-agency.gov.uk/research/library/consultations/56554.aspx
What is Validation/Verification Documentation with regards to land contamination?
Once remedial actions for a site have been agreed it will be necessary for these to be implemented. Following the implementation of any remedial measures, validation documentation will be required to confirm that the remedial works were carried out in accordance with the submitted remediation strategy. This should summarise the actions that have been taken and provide a statement that the site is considered suitable for its proposed use. The validation documents should include plans indicating any areas where soil has been excavated or imported, the results of any validation sampling (i.e from the base and sides of excavations or samples from bioremediated soil etc), details of imported sub and/or top soil plus accompanying sample results, photographic evidence of each stage of remediation and as built drawings where required for example foundation design showing gas protection measures. This may be on a whole development scale or on a plot by plot basis. Validation may also be needed for NHBC or building control purposes. Dependant upon the degree of risk the Council may require that the validation documents are compiled by a competent person. Guidance documents that may assist with validation reporting include: DEFRA and Environment Agency Contaminated Land Report (CLR) 11 Model procedures for the management of land contamination.
Where do I find a consultant to undertake remedial work with regards to land contamination?
I recommend obtaining quotes from environmental consultants as listed in Classified Pages of the BT Phone Book, Yellow Pages or on http://www.endsdirectory.com/search/ website.
How do I know if the Consultant providing the land contamination remedial work will do a good job?
There is no certainty that a hired professional will always do a good job for you, but by making yourself more aware of what you want them to do and by asking a few questions it will help you to make sure your money is well spent. Always get quotes from at least three separate companies, make sure that the quotes are broken down so that it explains what you will get for your money and will make comparisons easier. Take time to discuss the site and any planning conditions with the consultancy firm and explain that it is necessary that sufficient information is submitted to satisfy the local authority. Ask what information they will use in the desk study (be wary if they only mention the inclusion of an internet based search, this information whilst useful does not constitute a desk study as in accordance with recommended guidance and will not be accepted by the Council). Ask them if they will contact the contaminated land officer to find out what information is already held about the site. Check if the member of staff and their manager who will be undertaking your work has experience in similar types of work. Ask for the staff qualifications and CVs. Ask for references and follow them up. Ask referees whether they were happy with the work, was it submitted on time or within an agreed deadline, have there been any subsequent problems, were there any problems with invoicing or payment requirements, what was the total cost of the project, were letters and reports professionally presented, did the firm appear competent, if work was related to a development site did it proceed smoothly were any conditions discharged? Did any problems with the local authority arise? Have they managed projects before? If so ask for examples. Do they have experience in writing comprehensive reports? Do they understand the legislation and guidance documents – ask them about some of the guidance documents referred to in the “helpful guidance” sections. Do they have in-house quality assurance procedures? Do they have experience in risk assessment? Do they have the ability to bring in site equipment? How do they work out their costs and what will it cost if they need to do work extra to the original quote? For example how much will they charge if the Council question work undertaken or want clarification of certain information? Will the consultants discuss requirements with the Council on your behalf? Will the company sign off the site as being “suitable for use” at the end of the job? Will the company be able to see the development through all stages from desk study to remediation and validation should this be required? Will the consultants submit information to the regulatory authorities on your behalf or will the information and documentation obtained be sent to yourself only? Does the company have the capabilities of carrying out the work in terms of access to equipment and or software?
When do I need to submit each stage of the land contaminatino remedial work by?
This will be site specific and it is recommended you discuss this with the Contaminated Land Officer but generally the following will apply: For sites with known or a high potential for contamination you may need to submit information with the planning application otherwise it may not be possible to determine the application. It is recommended that you arrange pre-application discussions with the Planning Officer and the Contaminated Land Officer. If your site has been given permission with condition(s) relating to contaminated land then depending upon the wording of the condition it is likely you will be required to submit evidence of the state of the land and its potential risk prior to the commencement of development. Development may include demolition of existing structures or intrusive groundworks. You will need to allow at least 10 working days following the submission of reports to enable the Contaminated Land Team to review the data and assess whether it is satisfactory. Complex reports may take longer to assess. If the desk study, site investigation and remediation strategy reports are approved then following commencement of development works you will be required to submit a validation report confirming that the remediation measures have successfully addressed all risks from contamination, this will usually be required prior to the occupation of the dwellings or the buildings being bought into use. It is recommended that you keep in regular contact with the Contaminated Land Officer throughout the project.
What if the submitted information regarding land contamination is deemed to be insufficient?
If information is submitted and it is deemed to be insufficient then you will be informed of why it is considered to be insufficient, and you will be required to submit further information. If you are concerned about this, make sure you contact the Contaminated Land Officer to discuss the proposals before commissioning the work.
What if I start work prior to submitting information required by a condition with regards to land contamination?
You could face enforcement action based on breach of a condition or you could be required to stop works. It is strongly advised that all required information is submitted in line with any condition. This situation can be easily avoided and if you are in any doubt please contact either your Planning Officer or the Contaminated Land Officer.
When will the condition with regards to land contamination be discharged?
The condition will be discharged when all of the required information has been submitted and is considered to be sufficient, and not before. It may be that validation information will not be available until well into the development stages.
Can I face legal action if I don't submit any of the required information with regards to land contamination?
If you do not undertake any of the required work you may face enforcement action under a number of different regimes including planning, building control, and part IIA of the Environmental Protection Act 1990. You may be liable for remediation costs which could require going back on site to undertake sampling and remediation that should have been done during the development. A worse case scenario would be that the development would have to be demolished.
Will land contamination impact anything else in the development?
Possibly! Depending upon what contamination is found on site and depending upon whether it is dealt with properly you may find that it could impact upon: Project timescales; Development design and layout, particularly in terms of landscaping; Foundation and engineering considerations; Cost of soil disposal; Drainage design; Requirements for the importation of sub/ topsoil; Obtaining licences e.g. discharge consents, mobile treatment licence; Local Authority Building Control or NHBC completion; Health and Safety requirements; Potential for pollution incidents (particularly if surface waters are close by); Dewatering of excavations; Sale of houses/ mortgages. Helpful documents: Ciria (2004) Ciria Report 578 Brownfields - managing the development of previously developed land: A Clients Guide. Ciria (1996) Ciria Report 132 A guide for safe working on contaminated sites.
I've found a suspicious substance on site or have uncovered some buried tanks/drums. What action should I take?
If you or a worker on site find a suspicious substance on site such as oily or stained ground, made ground with ash, car parts, rags, wood or obvious waste materials, highly odourous soil such as rotten eggs, petrol, fuel or solvent type smells or uncover some buried drums, storage containers or tanks, then you will need to take advice from professional consultants to find out if you and your workers, nearby buildings/ residents, watercourses and the new development are at risk, in addition to ensuring that you are not breaching any environmental legislation. Leaving substances like this in the ground without assessment can expose future residents to harmful substances and can lead to action being taken against you in the future. Unknown substances can be potentially dangerous and a risk assessment should always be undertaken prior to exposing yourself and others. It is recommended that if it is safe, you make notes detailing what you have found such as the appearance, liquid / solid, any odours, colour variations, depth, approximate quantity etc and if possible take photographs. This documentation will assist you when you speak to consultants and will be essential when proving that the site is suitable for use. You should also contact the Contaminated Land Officer to inform them of the situation. An officer may wish to visit the site to look at what has been found.
How can I find out if the Council holds any information relating to land contamination?
Previously submitted reports, planning histories and archived files held by the Council may assist when under taking a desk study on a site. The Department of Regulatory Services Contaminated Land Team will undertake a search of the records held in the Department of Regulatory Services to check what information is held by the Council for a fee. This service does not include copies of file data or maps as this may be subject to additional charges. Some information held by the Council can be viewed free of charge at the Council offices. To make enquiries about this service and whether it would be of use, or to make an appointment to view information, please contact the Contaminated Land Officer or email regulatory@fareham.gov.uk. The payment of the required fee plus a plan showing the boundary of the site is required before the search will be undertaken
How can I find out more about land contamination?
To find out more about contaminated land you can view the Council''s website www.fareham.gov.uk, DEFRA website www.defra.gov.uk, Environment Agency website www.environment-agency.gov.uk.
How can I find out more about land contamination?
To find out more about contaminated land you can view the Council''s website www.fareham.gov.uk, DEFRA website www.defra.gov.uk, Environment Agency website www.environment-agency.gov.uk.
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Fareham Borough Council, Civic Offices, Civic Way, Hampshire, PO16 7AZ
Tel: +44 (0)1329 236100 | Mobile Text/Photo: 07876 131415 | Fax: +44 (0)1329 821770
