- Home |
- Site A to Z |
- Contact Us |
- Latest News |
- What's On |
- Useful Links |
- Emergency Help
.|.
.|.
.|.
.|.
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.
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.
Neighbour Noise Problems
Further information and copies of the following leaflets:
- Neighbour Noise Problems
- Minimising Neighbour Noisse
- Noise Pollution
can be obtained from the National Society for Clean Air and Environmental Protection, telephone Brighton 01273 878 770, by e-mail from admin@environmental-protection.org.uk or by visiting their website at www.environmental-protection.org.uk (this is an external hyperlink)
For further information please contact us at regulatory@fareham.gov.uk or telephone us 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.
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.
.|.
.|.
.|.
.|.
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
