Contaminated Land
Throughout the UK there are thousands of sites which have been contaminated by
previous industrial use which may present a hazard to the general environment, but
for which there is a growing requirement for reclamation and redevelopment.
Introduction
The Government aims to encourage new developments taking place on land
previously used for industrial purposes, commonly known as brownfield land.
However it is important that any existing contamination on brownfield sites does not
pose a risk to health or the environment.
Local Authorities deal with contamination issues for new developments through the
planning process. Land contamination is a material planning consideration and
guidance to planning authorities has been strengthened to ensure that developers
clean up their site prior to constructing new property that the land is suitable for its
intended use and risks to health and environment from contamination have been
dealt with.
West Berkshire Council has produced a leaflet which gives an overview of land
contamination issues for anyone submitting a planning application where there is the
potential for land contamination.
West Berkshire Council also has a new duty to inspect its district for Contaminated
Land. Sites which may be contaminated but are not subject to development
proposals will be inspected under new regulations.
Which areas of West Berkshire are contaminated?
West Berkshire’s industrial history can be traced back to at least Roman times with
the manufacture of pottery, iron and woodcrafts. The industrial revolution during the
later part of the 18th century impacted strongly on parts of the county but left many
areas untouched. Agriculture was the major employer and industries were related
either to serving an agriculture economy or processing the materials produced in the
area. Due to the various types of clay deposits found throughout the county the brick
making industry flourished until World War II but declined during the 1950s. Gravel
was not used extensively until the 20th century and the subsequent use of exhausted
gravel pits as landfill sites for refuse disposal was another essential major industry.
Consequently, there are no individual towns or specific areas of the county which
stand out as being any worse than others in their potential for contaminated land.
The list below gives some examples of some of the types of brownfield site which
may be contaminated and would require further investigation of ground conditions for
some types of development.
How can I find out if my site is contaminated?
Public Registers and Environmental Information
The public register of contaminated land held by West Berkshire Council contains
only those sites which fulfil the statutory definition of being contaminated and for
which a clean up notice called a Remediation Notice has been served.
Some land uses which may have
caused land to be contaminated
include:
(not an exhaustive list)
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Asbestos manufacturing
Cement works
Chemical works
Dry cleaners
Engineering works
Garages/vehicle repair
Gas works
Metal manufacturing
Petrol Stations
Printworks
Railway land
Sewage works
Textile works
Timber products manufacture
Waste disposal
West Berkshire Council does not (and is not required to) have a register of land
which may be contaminated, land which has pollutants on it or which has had a past
industrial usage.
However the Council can supply an environmental information report for a site,
including matters such as past industrial usages of the site, prescribed processes,
landfill sites nearby and water resources. A charge is made for producing these
reports to cover Officer time.
There are also a number of other companies which can provide environmental
screening reports.
Having obtained information indicating a possible contamination problem, the next
step is to commission an Environmental Consultant to investigate the site for you.
Unfortunately the Council cannot recommend a consultant to you, however the Ends
Consultants Directory is a good place to start (see links on main page) or try to get
advice or recommendations from others in a similar position.
Inspection of West Berkshire by the Council
The Authority has a duty to inspect the area to identify land which, in its current use,
falls within the definition of Contaminated Land under Part IIA of the Environmental
Protection Act 1990.
‘Contaminated Land’ is legally defined as
“Land which appears to the Local Authority 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.”
The Contaminated Land Strategy for West Berkshire Council sets out how the
Council will inspect its area for potentially contaminated land. The Council would then
identify persons responsible for the contamination and make sure it is remediated.
The law follows the ‘polluter pays’ principle – the person or organisation that caused
or permitted the contamination must pay to have it put right. If that person or
organisation is not known or cannot be found, then the current owner of the land may
become responsible.
The UK Government has adopted a ‘suitable for use’ approach, whereby
Contaminated Land in the legal sense must have at least one ‘pollutant linkage’ on
the site. This comprises a pollutant source, a receptor (ie a person that could be
affected by the pollution) and a physical pathway connecting the two.
The statutory guidance sets down what receptors are included and the types of harm
that may occur to them through contamination. It is important to understand that even
if a site has pollutants on it, it is not automatically ‘Contaminated Land’ in the
statutory sense. Past industrial use of a site does not mean that it is necessarily
contaminated land, it is merely an indicator that more investigation of the site is
required.
Whilst the inspection of the area is ongoing, the Authority is unable to comment as to
whether a particular property is likely to be statutorily contaminated or not. The
inspection of the district will be a lengthy process and the Council’s resources will be
concentrated on locating and investigating the most pressing and serious problems
first.
Where can I find more information on Contaminated Land?
Both the DEFRA and Environment Agency websites have lists of publications and
guidance related to Contaminated Land. See the links on the main page.
Or contact public protection at the links given on the main page.