CONTAMINATED LAND IN CAMBRIDGE Contaminated Land in Cambridge Developers Guide Environmental Services Mandela House 4, Regent Street Cambridge, CB2 1BY Tel: 01223 457890 Fax: 01223 457909 Email: env.health@cambridge.gov.uk Can be downloaded from www.cambridge.gov.uk Printed on recycled paper. Please recycle. April 2009 DEVELOPERS GUIDE TO CONTAMINATED LAND IN CAMBRIDGE Aim This document has been produced to provide guidance to anyone who is proposing to develop, or is involved in the development of land, which may be affected by contamination. 2 DEVELOPERS GUIDE TO CONTAMINATED LAND IN CAMBRIDGE Contents 1. Introduction 5 2. The Council's Approach 2.1 City Council Corporate Objectives 2.2 The Council's Environmental Priorities 2.3 Planning Policy 6 6 6 7 3. Responsibilities 3.1 Role of the Developer 3.2 Role of the Local Authority and the Planning Process 3.3 Role of the Environment Agency 9 9 10 12 4. What is required of the developer? Figure 1. Summary of the procedure for considering land contamination 4.1 Phase 1 Desk Study Figure 2. Example of a Historic Map Figure 3. Example of a Conceptual Site Model Figure 4. Example of a Potential Pollutant Linkage 4.2 Phase 2 Site Investigation 4.3 Phase 3 Remediation Proposals 4.4 Phase 4 Verification Report 4.5 Summary of what information is required when 14 15 16 17 18 19 20 21 21 22 3 DEVELOPERS GUIDE TO CONTAMINATED LAND IN CAMBRIDGE 4 5. Opportunities for Contaminated Land Development 5.1 Contaminated Land Tax Credit 5.2 Contaminated Land Landfill Tax Exemption 5.3 Landfill Tax Credit Scheme 23 23 23 24 6. Other Useful Information 6.1 Using Consultants 6.2 Useful Contacts 25 25 25 7. Recommended References 27 8. Appendix One: Part 2A – The Legal Context 30 9. Appendix Two: Potentially Contaminating Uses of Land 32 10. Appendix Three: Examples of Potential Pollutant Pathways 34 11. Appendix Four: Contaminated Land Planning Condition 36 12. Appendix Five: Checklists 38 13. Appendix Six: Consultants and Associated Services 43 14. Glossary 46 DEVELOPERS GUIDE TO CONTAMINATED LAND IN CAMBRIDGE 1. Introduction Due to the increased frequency of development on 'Brownfield' sites in Cambridge, it is vital that developers are aware of their responsibilities regarding contaminated land. Produced in accordance with relevant national guidance documents to ensure a consistent and transparent approach, this document outlines the Council's requirements and the information needed in order to assess planning applications. Chapter One demonstrates how the City Council's approach to dealing with contaminated land is underpinned by the Council's Corporate Objectives and its Environmental Priorities. It also describes how development policies in Cambridge are guided by Government legislation. Chapter Two outlines the responsibilities of the developer, the Local Authority and the Environment Agency to ensure each development is safe and suitable for use. Chapter Three identifies what is required of the developer to satisfy their contaminated land obligations. It includes a breakdown of each phase involved in the assessment and mitigation of contaminated land. Chapter Four includes details of useful contacts and opportunities for Tax Credit when developing contaminated land sites. Chapter Five lists sources for further information on contaminated land issues. The Appendix contains details of the legal aspects of contaminated land, definitions, examples of contaminative industries and potential pollutant pathways. Specific Cambridge City Council documents are also provided, including the standard Contaminated Land Planning Condition and a set of checklists to aid the completion of Contaminated Land Reports. 5 DEVELOPERS GUIDE TO CONTAMINATED LAND IN CAMBRIDGE 2. The Council's Approach 2.1 City Council Corporate Objectives 6 This guide is presented in the context of the City Council's Medium Term Objectives (July 2006). To promote Cambridge as a sustainable city, in particular by reducing carbon dioxide emissions and the amount of waste going into landfill in the City and sub-region. To ensure that residents and other service users have an entirely positive experience of dealing with the Council. To maintain a healthy, safe and enjoyable city for all, with thriving and viable neighbourhoods. To lead the growth of Cambridge to achieve attractive, sustainable new neighbourhoods, including affordable housing, close to a good range of facilities, and supported by transport networks so that people can opt not to use the car. All individuals, organisations and companies that may require advice and assistance with respect to planning and contamianted land will be treated in a fair and equitable manner. The policies and protocols enclosed within this document will ensure the development of viable neighbourhoods free from contamination problems. 2.2 The Council's Environmental Priorities Within the Council's Medium Term Objectives, the following environmental issues are identified as priority areas for action. To tackle the causes and consequences of climate change. To encourage sustainable waste management. DEVELOPERS GUIDE TO CONTAMINATED LAND IN CAMBRIDGE To promote more sustainable modes of transport. To raise awareness of environmental issues and promote sustainable lifestyles. To manage growth to achieve sustainable neighbourhoods. To provide attractive, clean streets, neighbourhoods and open spaces. Of all of these priority areas, the last is the most relevant to this document. Providing attractive, clean streets, neighbourhoods and open spaces will require the Council, amongst other things, to reduce pollution affecting land and related environmental features, such as waterways and groundwater. However, we shall have regard to all of the Council's environmental priority areas as we seek to implement this document. For example, the remediation of any contaminated sites will take account of natural resource use and adopt sustainable waste management practices. 2.3 Planning Policy There is a range of national, regional and local planning policies that, along with other legislation, set out requirements for dealing with contaminated land. Planning Policy Statement 23 (PPS23): Planning and Pollution Control (ODPM, 2004) is the key national planning policy document on contaminated land in England. It sets out the key principles that regional planning bodies and local planning authorities should adhere to in order to ensure that contaminated land is fully considered in the development of planning policy and determination of planning applications. Policies ENV5 and ENV7 within the Environment chapter of the Regional Spatial Strategy for the East of England (GO-East, May 2008) set out the requirements for proper consideration to be given to the remediation of contaminated land. At the local level, the Cambridge Local Plan 2006 sets out policies and proposals for future development and land use in Cambridge. The plan sets out a vision for Cambridge and objectives for achievement. It provides a means of guiding 7 DEVELOPERS GUIDE TO CONTAMINATED LAND IN CAMBRIDGE change over long periods of time and establishes a framework against which planning applications can be assessed. Policy 4/13 on Pollution and Amenity is the key policy within the Cambridge Local Plan 2006. The forthcoming Local Development Framework documents will supersede this document and will provide policy coverage of pollution control as appropriate. The range of documents, which will form the Local Development Framework for Cambridge, are outlined on the Council's website www.cambridge.gov.uk. Policy guidance is periodically reviewed and updated and it is the responsibility of the developer to ascertain the current guidance prior to undertaking any works. 8 DEVELOPERS GUIDE TO CONTAMINATED LAND IN CAMBRIDGE 3. Responsibilities The developer, the Local Planning Authority (LPA) and the Environment Agency (EA) have certain responsibilities within the planning context to ensure each development is safe and suitable for the proposed use. 3.1 Role of the Developer The developer is responsible for ensuring that any proposed development is safe and suitable for its intended use (PPS 23). In order to fulfil this obligation the developer may be required to undertake an adequate investigation of the site to determine: 1. Whether the proposed site is already affected by contamination, through the source-pathway-receptor pollutant linkage. 2. Whether the development proposed will create new linkages. 3. What action is needed to break these linkages and avoid new ones, deal with any unacceptable risks and enable the safe development and future occupancy of the site and neighbouring land. As a precaution PPS23 recommends that 'contamination should be assumed when considering applications for all land on or next to a previous industrial use. Where sensitive use such as domestic houses with gardens are being considered, particular care needs to be exercised. In addition, for planning purposes, it is immaterial whether the presence of the contaminants arises from human activities or is present naturally'. Once a site has been investigated and unacceptable risks have been identified it is the developer's responsibility to undertake the necessary remediation in order to satisfy the planning conditions (Cambridge City Council's standard Contaminated 9 DEVELOPERS GUIDE TO CONTAMINATED LAND IN CAMBRIDGE Land Condition is given in Appendix 4). The developer is liable if, due to their actions or omissions, on completion of the development the land is capable of being classified as "Contaminated" under Part 2A (for more details on this legislation see Appendix 1). Enforcement is via the planning conditions and Building Control (Building Regulations C, 2000). When the procedure outlined in the Contaminated Land Planning Conditions are implemented properly, land on a new development should not be capable of being determined as "Contaminated Land" under Part 2A. 3.2 Role of the Local Authority and the Planning Process It is the responsibility of the Local Planning Authority (LPA) to regulate and control new development throughout the City of Cambridge. 10 Planning applications can be made by the submission of an outline application followed by reserved matters or in one step as a full application. In either case the LPA will require the completion of the standard planning application form. This application form is written in line with the Town and Country Planning Act 1990. Section 15 deals with questions directly related to contaminated land. Applicants are required to describe the current use of the site, and respond "Yes" or "No" to the following question. Does the proposal involve any of the following: 1. Land which is known to be contaminated? 2. Land where contamination is suspected for all or part of the site? 3. A proposed use that would be particularly vulnerable to the presence of contamination? Please note: Even if all answers given are "No", the LPA will check their own records for confirmation. If the answer is "Yes" to any of these questions it is likely that the standard Contaminated Land Condition (which contains four DEVELOPERS GUIDE TO CONTAMINATED LAND IN CAMBRIDGE progressive phases) will be attached to the application. When this is the case, it is advisable to contact the Council to discuss land contamination issues before submitting the planning application. Early liaison with the Council should ensure the correct information is submitted and prevent delays and misunderstandings later in the development. In addition to information gathered from the applicant, the Environmental Services Scientific Team are also consulted on planning applications. They review their records to establish if the proposed development site has a previous known potentially contaminative use. The information gathered will determine if the standard planning condition for contaminated land is recommended for attachment to the planning permission. The condition details the steps required to fully assess, investigate and take action, if required, on potentially contaminated land (Appendix 4). However, on sites that have a history of prior industrial use where contamination is a serious concern, the Scientific Team may request the first two phases of action to fulfil the Contaminated Land Condition are submitted prior to a planning decision being made. The information provided may result in one of the following outcomes. 1. No further action required with respect to contaminated land. 2. A contaminated land condition is recommended for attachment to the planning permission. 3. Based on the level of contamination, the Scientific Team would recommend that the planning application be refused. In addition to the requirements of the standard planning condition, large and complicated sites may also be subject to additional planning obligations. A planning obligation is a legally binding agreement between the LPA and the developer under Section 106 of the Town and Country Planning Act 1990 (as amended). A Section 106 Agreement can ensure that certain extra works related 11 DEVELOPERS GUIDE TO CONTAMINATED LAND IN CAMBRIDGE to the development are undertaken. In the context of contaminated land, this can include independent verification of remedial works. For further details of planning obligations see the ODPM Circular 05/2005. For more general information on the planning application process see the Planning Portal web site at www.planningportal.gov.uk or contact a Duty Planning Officer at Cambridge City Council on (01223) 457200 or (01223) 457201 or e-mail at: planning.devcontrol@cambridge.gov.uk. The Council has an additional duty under Part 2A of the Environmental Protection Act 1990 to implement a strategy to identify all contaminated sites, whether or not they are subject to development proposals. The Council's Contaminated Land Strategy can be obtained from Cambridge City Council's web site at www.cambridge.gov.uk. 12 3.3 Role of the Environment Agency The EA is a statutory consultee in the planning process. The LPA will consult with the EA when considering proposals for a development on land that may be affected by contamination. This may result in the EA: Making recommendations for site investigation, risk assessment or remedial works. Giving advice on work required before discharging a planning condition. Advising the LPA on flooding, ecological assessment and groundwater vulnerability issues. The EA's role under Part 2A is to provide the LPA with advice and guidance. It acts as the enforcing authority for any contaminated land subsequently designated as a Special Site under the Contaminated Land Regulations (DEFRA 01/2006). DEVELOPERS GUIDE TO CONTAMINATED LAND IN CAMBRIDGE The EA also carries out a regulatory role, issuing consents and licences for various activities that may have an impact on the environment (this may apply to certain remediation works). It is the developer's responsibility to apply to the EA and secure consent before carrying out potentially environmentally sensitive activities on site. The EA may advise the LPA on specific sites, such as those where the risk to watercourses is significant. However the responsibility for granting planning permission and ensuring compliance with planning conditions and obligations remains with the LPA. 13 DEVELOPERS GUIDE TO CONTAMINATED LAND IN CAMBRIDGE 4. What is required of the Developer? The developer has the primary responsibility for safeguarding land, controlled waters and other property, including neighbouring land, against any risk from contamination. If the Local Planning Authority is concerned about potential contamination on the site a Contaminated Land Condition will be attached to the planning application. Figure 1 summarises the four main phases that may be necessary to ensure a site is suitable for use. Depending on the results of each phase it may not be necessary for all phases to be completed. It should be noted that no development works should commence prior to the approval of the contaminated land assessment from the LPA. 14 DEVELOPERS GUIDE TO CONTAMINATED LAND IN CAMBRIDGE Figure 1. Summary of the procedure for considering land contamination. 1. Desk Study Submit to LPA Data sufficient for decision Information not sufficient. Carry out site investigation or further desk study required. 2. Site investigation Submit to LPA Data sufficient for decision Information not sufficient. Carry out further site investigation. 15 3. Investigate works required to make land suitable for the proposed use Submit to LPA Data sufficient for decision Proposed scheme not satisfactory. Alternative or further works needed. 4. Verification of remediation works Submit to LPA Validation data not sufficient. Further information needed. Data sufficient for decision The following chapter considers each of the four phases in more detail. DEVELOPERS GUIDE TO CONTAMINATED LAND IN CAMBRIDGE 4.1 Phase 1: Desk Study 16 The first step in the process is to collect information about the site, to establish if it is likely to be affected by contamination. This involves a preliminary risk assessment in order to develop an outline Conceptual Site Model and establish whether or not there are any potentially unacceptable risks arising from contamination at the site. The possibility of contamination should be assumed when considering planning applications in relation to all land that has been subject to previous industrial use (for examples Quick phase locator diagram of industry with potentially contaminative activities see Appendix 2). Sources of information presented in the Desk Study should include all of the following as a minimum: Historic Maps (an example is shown in Figure 2); Trade Directories; and Local Authority Records and Licences. For full details of the information required in the Desk Study see Appendix 5. DEVELOPERS GUIDE TO CONTAMINATED LAND IN CAMBRIDGE Figure 2. Example Historic Map 1926-1927 Cambridge Gas Works. 17 (© Crown copyright. All rights reserved. Cambridge City Council Licence No. 100019730, 2004). The presence of suspected contamination does not necessarily mean the end users of the site are at risk. To establish if an unacceptable risk exists, a Conceptual Site Model should be generated to help identify a link between the source of contamination and the pathway to a sensitive receptor. An example of a Conceptual Site Model for an area, previously used as a petrol station, due for development into housing is shown in Figure 3. DEVELOPERS GUIDE TO CONTAMINATED LAND IN CAMBRIDGE 18 Contaminated soil ion Rec r Pub lic River Spills from customer activity Vapours eat Direct contact, soil vegetable intake Former petrol station Vapours Futu re resi den ts are a Figure 3. Example of a Conceptual Site Model for a former Petrol Station where planning consent is sought for a change of use to housing. Fuel tank Vapours Leaks from underground Contaminated soil tank Leaks from underground tank Petroleum product on surface of ground water Petroleum product dissolved in groundwater Adapted from Institute of Petroleum, Guidelines for the investigation and remediation of contaminated retail sites, Colchester, UK, Portland Press, 1998. The Conceptual Site Model should describe all potential pollutant linkages at the site, taking into account the current and proposed use of the site. This information can be displayed diagrammatically (shown in Figure 3), in written or tabular form. DEVELOPERS GUIDE TO CONTAMINATED LAND IN CAMBRIDGE Figure 4. Example potential pollutant linkage identified from the Conceptual Site Model shown in Figure 3. SOURCE RECEPTOR PATHWAY Leaking fuel tank Future residents Vapour inhalation Once completed, the Desk Study should be submitted to the Local Planning Authority for approval. Further action will be required if there are any gaps in information provided or its assessment. For a checklist of information required in the Desk Study see Appendix 5. If the Desk Study identifies areas of potential risk then the developer should proceed into Phase 2. In this case, the Desk Study should also include the proposed investigation strategy (Phase 2) to be submitted to the Local Planning Authority for approval prior to commencement of any testing. Alternatively, the LPA may accept that no further action is required if the applicant is able to demonstrate that the site does not present an unacceptable risk. 19 DEVELOPERS GUIDE TO CONTAMINATED LAND IN CAMBRIDGE 4.2 Phase 2: Site Investigation 20 The Site Investigation phase is the on-site validation of the Conceptual Site Model. Its purpose is to refine and update the Conceptual Site Model, confirm pollutant linkages and evaluate potentially unacceptable risks. It should include an intrusive investigation, chemical testing and a quantitative risk assessment. Intrusive testing on site should include: Soil sampling; Ground water sampling; and/or Gas sampling. A quantitative risk assessment will be Quick phase locator diagram required in cases where contamination is known to be present or is suspected at the site. The type and number of samples required is determined by the individual site conditions. However, in each case, the sampling strategy should have clear objectives informed by the Phase 1 Desk Study and be approved by the LPA. Chemical testing results should be included in the report along with their evaluation and risk assessment. For a checklist of information required in the Site Investigation Report see Appendix 5. A copy of the Site Investigation Report should be submitted to the Local Planning Authority for approval prior to the commencement of the ground works. DEVELOPERS GUIDE TO CONTAMINATED LAND IN CAMBRIDGE 4.3 Phase 3: Remediation Proposals Progression to this stage occurs when the risk assessment completed in Phase 2 confirms the presence of a pollutant linkage. Remediation Proposals are now required to show how identified risks can be mitigated so that the site can be made suitable for use. These should detail the objectives, methodology and procedures of the proposed remediation works. For a checklist of information required see Appendix 5. The site Remediation Proposals must also demonstrate how Quick phase locator diagram required works can be completed without causing harm to the environment or creating new pollutant linkages. An assessment of likely regulations required and feasibility of obtaining the appropriate environmental licences and permits with the required timescales should be included. These proposals must be submitted for approval before any development commences. A copy of the Remediation Proposals should be submitted to: 1. Development Control Officer (Planning) at the Guildhall; AND 2. Scientific Officer in Environmental Services at Mandela House. 4.4 Phase 4: Verification Report A Verification Report must be submitted following completion of the remediation works. This report must include evidence to demonstrate that the works have been carried out satisfactorily and that the remedial targets have been met. The evidence 21 DEVELOPERS GUIDE TO CONTAMINATED LAND IN CAMBRIDGE could include any of the following: Quality assurance certificates; Waste transfer documentation; Sampling certificates; Photographs (for example, illustrating sussessful tank removal); Gas membrane integrity testing from installation company; Gas, soil, groundwater testing postremediation; Imported topsoil contamination test certificate. 22 For a checklist of information required in the Quick phase locator diagram Verification Report see Appendix 5. A monitoring and maintenance plan may also be required if there is a need to demonstrate the continuing effectiveness of the remediation works. This would be necessary for a development near an active gassing landfill. A copy of the Verification Report should be submitted to the Local Planning Authority following the completion of the remediation works. 4.5 Summary of what information is required when In most cases a Desk Study (Phase 1) will be required for all previously used sites prior to the granting of planning consent. In cases where there are concerns as to the suitability of a site for the relevant development due to contamination both a Phase 1 and Phase 2 Investigation are likely to be required prior to the granting of planning consent. In all cases Contaminated Land Reports (Phase 1 only or Phase 1 and 2) and, if necessary, Remediation Statements will be required for submission and approval by the Local Planning Authority prior to commencement of development. DEVELOPERS GUIDE TO CONTAMINATED LAND IN CAMBRIDGE 5. Opportunities for Contaminated Land Development 5.1 Contaminated Land Tax Credit Contaminated Land Tax Credit was introduced by the Finance Act 2001 to improve the viability of development on contaminated land. Qualifying land must be in the UK and acquired by a company (not individuals or partnerships) for the purposes of trade. For land that qualifies, companies can receive 150 percent accelerated Tax Credit to cover the costs of cleaning up land affected by contamination. Tax Credit is only available for cost incurred due to relevant remediation, including preparatory activities such as assessing the condition of the land. The exact details of this scheme have recently been under consultation, and it is anticipated that the Government will release further legislation in the Financial Bill 2009. It is expected that the cost of removing Japanese Knotweed and some other naturally occurring contaminants will be included in this legislation. For more details about the incentives and exemptions consult the HM Revenue and Customs site at www.hmrc.gov.uk and for up-to-date information about the scheme refer to the Financial Regulations at www.hm-ttreasury.gov.uk. 5.2 Contaminated Land Landfill Tax Exemption Landfill Tax Exemption (Sections 43A and 43B of the Finance Act 1996 as inserted by the Landfill Tax Order 1996, SI 1996 No 1529) for contaminated spoils from the remediation of land affected by contamination is being phased out. The last date for application for exemption certificates was the 30th November 2008. However, the 23 DEVELOPERS GUIDE TO CONTAMINATED LAND IN CAMBRIDGE exemption certificates will remain valid until 31st March 2012 after which Landfill Tax will be applied regardless of whether a certificate is held. For further information consult Budget Notice 80 available at HM Revenue and Customs website, www.hmrc.gov.uk. 5.3 Landfill Tax Credit Scheme Through the Landfill Tax Credit Scheme, which has been in operation since 1996, it is possible to apply for grants to: Fund schemes for land reclamation where its use is prevented by a previous activity; or Reduce or prevent pollution of land whose use is prevented by a previous activity. 24 The scheme accepts applications from Environmental Bodies. It is the role of the Environmental Bodies to ensure that Landfill Tax Credit money is spent in accordance with the Landfill Tax Regulations 1996. It is the role of Entrust to audit and verify the compliance of this activity. For further information on how to apply for funding contact the Entrust Project Registration Department at the following address: Entrust (The Environmental Trust Scheme Regulatory Body Limited) 2nd Floor Acre House Town Square Sale Cheshire M33 7WZ Tel: 01619 720044 Fax: 01619 720055 information@entrust.org.uk www.entrust.org.uk DEVELOPERS GUIDE TO CONTAMINATED LAND IN CAMBRIDGE 6. Other Useful Information 6.1 Using Consultants Depending on the type, level or extent of the contamination, some of the processes involved in the development of the land may require the employment of a specialist consultant or service (e.g., analytical laboratory). The developer should appoint a consultant with appropriate levels of experience and ensure that the consultant carries adequate levels of professional indemnity insurance. Please note: The Council will not recommend individual consultants or companies. Some useful contacts for consultant groups and associated services are included in Appendix 6. 6.2 Useful contacts Environment Agency Anglia Region Central Office Bromholme Lane Brampton Huntingdon PE29 6FH Tel: 08708 506506 enquiries@environment-a agency.gov.uk www.environment-a agency.gov.uk Natural England Eastbrook Shaftesbury Road Cambridge CB2 8DR Tel: 01223 4627727 Fax: 01223 533531 enquiries.east@naturalengland.org.uk www.naturalengland.org.uk 25 DEVELOPERS GUIDE TO CONTAMINATED LAND IN CAMBRIDGE English Heritage East of England Region Office Brooklands 24 Brooklands Avenue Cambridge CB2 8BU Tel: 01223 582700 Fax: 01223 582701 eastofengland@ english-h heritage.org.uk www.english-h heritage.org.uk 26 DEFRA Government Office for the East of England Eastbrook Shaftesbury Road Cambridge CB2 8DF Tel: 01223 372800 Fax: 01223 372801 EEPublicHealth@goeast.gsi.gov.uk contaminatedland.enquiry@ defra.gsi.gov.uk www.defra.gov.uk Homes and Communities Agency (HCA) formally the English Partnerships and other organisations. Westbrook Centre Block A Suite 1 Milton Road Cambridge CB4 1YG Tel: 0300 1234 500 Fax: 01223 272 531 mail@homesandcommunities.co.uk www.homesandcommunities.co.uk Formed in December 2008 by the merger of the Functions and Assets department of English Partnerships, the Investment Functions of the Housing Corporation, a number of delivery programmes from Communities and Local Government and the transfer of the Academy for Sustainable Communities. DEVELOPERS GUIDE TO CONTAMINATED LAND IN CAMBRIDGE 7 . Recommended References Cambridge City Council Publications: Cambridge City Council, 2001, Contaminated Land Strategy. Currently under review, new version will be available soon from www.cambridge.gov.uk British Standards Institute Publications: BS 10175:2001 Investigation of potentially contaminated sites. Code of practice and its investigation. ISBN: 0 580 33090 7. Available to order from www.bsi-g global.com BS 5930:1999 Code of Practice for Site Investigations global.com ISBN: 978 0 580 61622 8. Available to order from www.bsi-g DEFRA Publications: Department of the Environment, 1994, CLR Report No 1. A framework for assessing the impact of contaminated land on groundwater and surface water. Available to download from www.eugris.info/envdocs/CLR01_01.pdf Department of the Environment, 1994, CLR Report No 2. Guidance on Preliminary Site Inspection of Contaminated Land. Available to download from www.eugris.info/envdocs/CLR02_01.pdf Department of the Environment, 1994, CLR Report No 3. Documentary Research on Industrial Sites. Available to download from: www.eugris.info/envdocs/CLR03_00.pdf 27 DEVELOPERS GUIDE TO CONTAMINATED LAND IN CAMBRIDGE Department of the Environment, 1994, CLR Report No 4. Sampling Strategies for Contaminated Land. Available to download from: www.eugris.info/envdocs/CLR04_00.pdf DEFRA Circular 01/2006 "Contaminated land" Environmental Protection Act 1990: Part 2A. www.defra.gov.uk/environment/land/contaminated/legislation.htm DEFRA: Guidance on the Legal Definition of Contaminated Land, July 2008. www.defra.gov.uk/environment/land/contaminated/index.htm CLAN 5/06: Extension of Part 2A to radioactivity www.defra.gov.uk/environment/land/contaminated/technical-g guidance.htm 28 CLAN 1/07: Extension of Part 2A to radioactivity (CLAN 5/06) – further update www.defra.gov.uk/environment/land/contaminated/technical-g guidance.htm DoE industry Profiles: Railway Land, Engineering works Etc. www.environment-a agency.gov.uk/research/planning/33708.aspx Environment Agency Publications: EA, 2005. Environment Agency Guidance on the Requirements for Land Contamination Reports. Available to download at www.environment-a agency.gov.uk EA and DETRA, 2004, CLR Report No 11. Model Procedures for the management of land contamination. www.environmentagency.gov.uk/research/planning/40381.aspx EA, August 2008. Science Report SC050021/SR2: Human health toxicological assessment of contaminants in soil. www.environment-a agency.gov.uk/research/planning/64000.aspx DEVELOPERS GUIDE TO CONTAMINATED LAND IN CAMBRIDGE EA, 2006. 'The Remedial Targets Methodology: Hydrological Risk Assessment for Land Contamination'. www.environment-a agency.gov.uk/research/planning/40373.aspx EA and NHBC, 2008. RandD Publication 66. Guidance for the Safe Development of Housing on Land Affected by Contamination. www.environment-a agency.gov.uk/research/planning/40389.aspx CIRIA Publications: CIRIA, 2005. Remedial Treatment for Contaminated Land Volumes 1-12. ISBN:0-86017-408-5. Available to order from www.ciria.org CIRIA, 2007, Publication C665. Assessing risk posed by hazardous gases to buildings. ISBN: 0-86017-665-7. Available to order from www.ciria.org ODPM Publications: Building Regulations C (2000). Site preparation and resistance to contaminants and moisture. Office of the Deputy Prime Minister. www.planningportal.gov.uk/england/professionals/en/4000000000242.html ODPM, 2005. ODPM Circular 05/2005 Planning Obligations. www.planningportal.gov.uk/england/government/en/1021020433713.html Other Useful Publications: Planning Policy Statement 23: Planning and Pollution Control. www.planningportal.gov.uk Health and Safetly Executive, 1991. Protection of workers and the General Public during the Development of Contaminated Land. ISBN: 011-885657X. NHBC. NHBC Standards Chapter 4.1. Land Quality – Managing Ground Conditions. Updates made in 2008 effective from 1st September 2008. Available to order from www.nhbc.co.uk 29 DEVELOPERS GUIDE TO CONTAMINATED LAND IN CAMBRIDGE 8. Appendix One Part 2A: Legal Context 30 Part 2A of the Environmental Protection Act 1990 addresses the legacy of contaminated land by providing a regime for the identification and remediation of contaminated land through an alternative mechanism to the planning process. The regulations and statutory guidance (DEFRA 01/2006) came into force in April 2000. This document included the first statutory definition of contaminated land. Although the planning process has a wider remit for assessment of land affected by contamination, the Part 2A definition is a useful reference. Prevention of new contamination is covered by Parts I and II of the Environmental Protection Act 1990 and the Pollution Prevention and Control Act 1999. This legislation controls emissions to air, water and land. Defining contaminated land Section 78A(2) of Part 2A of the Environmental Protection Act 1990 states: 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: 1. significant harm is being caused or there is a significant possibility of such harm being caused; or 2. with respect to radioactivity, harm is being caused or there is significant possibility of such harm being caused; or 3. pollution of controlled waters is being, or is likely to be caused. (DEFRA 01/2006) DEVELOPERS GUIDE TO CONTAMINATED LAND IN CAMBRIDGE (Controlled Water is defined by Part III of Water Resources Act 1991, except that "groundwater" does not include waters contained in underground strata but above the saturation zone, CLAN 5/04). Section 78A(5) requires the regulatory authority to act in accordance with guidance issued by the Secretary of State in determining significance and likelihood. This Part 2A definition focuses on ensuring the land is suitable for its current use, whereas the planning policy regime addresses its suitability of the proposed end use. However, this definition is still a useful reference when trying to ensure no new development can be classified as Part 2A. Pollutant Linkages and Risk Assessment The presence of contamination in, on or under the land does not by itself necessarily present an unacceptable risk, nor therefore necessarily require action. Risk arises where there is a pollution linkage, i.e., a pathway between a contaminant, or source, and a vulnerable receptor. For a site to meet the definition of contaminated land, a pollutant linkage must be established. A pollutant linkage consists of three parts. 1. A source of contamination in, on or under the ground (sometimes referred to as a Hazard). 2. A pathway, one or more routes or means by, or through, which a receptor is, or could be, exposed to or affected by a contaminant. 3. A receptor of a type specified in the regulations (sometimes referred to as a Target). (DEFRA 01/2006) 31 DEVELOPERS GUIDE TO CONTAMINATED LAND IN CAMBRIDGE 9. Appendix Two Examples of Potentially Contaminating Uses of Land and Situations Where Land may be Affected by Contamination Land contamination is a material consideration for the purposes of planning legislation. Before granting permission, the Council as Local Planning Authority must ensure that full account is taken of the condition of the land concerned and that appropriate remediation is to be carried out as part of the development process. Early identification of the presence of substances with a potential to cause harm prevent rising costs encountered due to mitigation problems identified when a development is underway. 32 Smelters, foundries, steel works, metal processing and finishing works Coal and mineral mining and processing, both deep mines and opencast Heavy engineering and engineering works, e.g. car manufacture, shipbuilding Military/defence related activities Electrical and electronic equipment manufacture and repair Gasworks, coal carbonisation plants, power stations Oil refineries, petroleum storage and distribution sites Manufacture and use of asbestos, cement, lime and gypsum Manufacture of organic and inorganic chemicals, including pesticides, acids/alkalis, pharmaceuticals, solvents, paints, detergents and cosmetics Rubber industry, including tyre manufacture Munitions and explosives production, testing and storage sites Glass making and ceramics manufacture Textile industry, including tanning and dyestuffs Paper and pulp manufacture, printing works and photographic processing Timber treatment Food processing industry and catering establishments DEVELOPERS GUIDE TO CONTAMINATED LAND IN CAMBRIDGE Railway depots, dockyards (including filled dock basins), garages, road haulage depots, airports Landfill, storage and incineration of waste Sewage works, farms, stables and kennels Abattoirs, animal waste processing and burial of diseased livestock Scrap yards Dry cleaning premises All types of laboratories Other uses and types of land that might result in contamination include: Radioactive substances used in industrial activities not mentioned above – e.g. gas mantle production, luminising works Burial sites and graveyards Agriculture – excessive use or spills of pesticides, herbicides, fungicides, sewage sludge and farm waste disposal Naturally-occurring radioactivity, including radon Naturally-occurring elevated concentrations of metals and other substances Methane and carbon dioxide production and emissions in coal mining areas, wetlands, peat moors or former wetlands The DoE Profiles are booklets describing a range of industrial processes and the likely contaminants associated with each. They are available to download free agency.gov.uk. from the Environment Agency web site at www.environment-a 33 DEVELOPERS GUIDE TO CONTAMINATED LAND IN CAMBRIDGE 10. Appendix Three Examples of Potential Pathways Where Receptors may be Affected by Contamination Human health 34 Uptake of contaminants by food plants grown in contaminated soil: Heavy metals (e.g. cadmium, lead) and persistent organic pollutants including certain pesticides and veterinary products may result in an accumulation in food plants to concentrations where they exceed legal limits and/or may pose a hazard to human health. Uptake will depend on concentration in soil, its chemical form, soil pH, plant species and prominence in diet. Ingestion and inhalation: Substances may be ingested directly by young children playing on contaminated soil, by eating plants which have absorbed metals or are contaminated with soil or dust. Ingestion may also occur via contaminated water supplies. Metals, some organic materials and radioactive substances may be inhaled from dusts and soils. Skin contact: Soil containing tars, oils and corrosive substances may cause irritation to the skin through direct contact. Some substances (e.g. phenols) may be absorbed into the body through the skin or through cuts and abrasions. Irradiation: As well as being inhaled and absorbed through the skin, radioactive materials emitting gamma rays can cause a radiation response at a distance from the material itself. Fire and explosion: Materials such as coal, coke particles, oil, tar, pitch, rubber, plastic and domestic waste are all combustible. If heated by contact with buried power cables or careless disposal of hot ashes they may ignite and burn underground. Both underground fires and biodegradation of organic materials may produce toxic or flammable gases. Methane and other gases may explode if allowed to accumulate in confined spaces. DEVELOPERS GUIDE TO CONTAMINATED LAND IN CAMBRIDGE Buildings Fire and explosion: Underground fires may cause ground subsidence and cause structural damage to buildings. Accumulations of flammable gases in confined spaces leads to a risk of explosion. Underground fires may damage building services. Chemical attack on building materials and services: Sulphates may attack concrete structures. Acids, oils and tarry substances may accelerate corrosion of metals or attack plastics, rubber and other polymeric materials used in pipework and service conduits or as jointing seals and protective coatings to concrete and metals. Physical: Blast-furnace and steel-making slag (and some natural materials) may expand if ground conditions are changed by development. Degradation of fills may cause settlement and voids in buried tanks and drums may collapse as corrosion occurs or under loading from construction traffic. Natural environment Phytotoxicity (prevention/inhibition of plant growth): Some metals essential for plant growth at low levels are phytotoxic at higher concentrations. Methane and other gases may give rise to phytotoxic effects by depleting the oxygen content in the root zone. Contamination of water resources: soil has a limited capacity to absorb, degrade or attenuate the effects of pollutants. When this is exceeded, polluting substances may enter into surface and groundwaters. Ecotoxological effects: Contaminants in soil may affect microbial, animal and plant populations. Ecosystems or individual species on the site, in surface waters or areas affected by migration from the site may be affected. The construction process itself must also be considered since new pathways can be created by piling, drain laying or constructing service trenches. 35 DEVELOPERS GUIDE TO CONTAMINATED LAND IN CAMBRIDGE 11. Appendix Four Cambridge City Council's Contaminated Land Planning Condition No development approved by this permission shall be commenced prior to a contaminated land assessment and associated remedial strategy, together with a timetable of works, being submitted to the Local Planning Authority (LPA) for approval. 36 a) The contaminated land assessment shall include the Desk Study (Phase 1) to be submitted to the LPA for approval. The Desk Study shall detail the history of the site uses and propose a Site Investigation strategy based on the relevant information discovered by the Desk Study. The strategy shall be approved by the LPA prior to investigations commencing on site. b) The Site Investigation (Phase 2), including relevant soil, soil gas, surface and groundwater sampling, shall be carried out by a suitable qualified and accredited consultant/contractor in accordance with a quality assured sampling and analysis methodology. c) A Site Investigation report detailing all investigation works and sampling on site, together with the results analysis, risk assessment to any receptors and a proposed remediation strategy shall be submitted to the LPA. The LPA shall approve such remedial works as required prior to any remediation commencing on site. The works shall be of such a nature as to render harmless the identified contamination given the proposed end use of the site and surrounding environment including any controlled waters. DEVELOPERS GUIDE TO CONTAMINATED LAND IN CAMBRIDGE d) Approved remediation works (Phase 3) shall be carried out in full on site under a quality assurance scheme to demonstrate compliance with the proposed methodology and best practice guidance. e) If, during the works, contamination is encountered which has not previously been identified then the additional contamination shall be fully assessed and an appropriate remediation scheme agreed with the LPA. f) Upon completion of the works, this condition shall not be discharged until a closure report (Phase 4) has been submitted to an approved by the LPA. The closure report shall include details of the proposed remediation works and quality assurance certificates to show that the works have been carried out in full in accordance with the approved methodology. Details of any postremedial sampling and analysis to show the site has reached the required clean-up criteria shall be included in the closure report together with the necessary documentation detailing what waste materials have been removed from site. 37 DEVELOPERS GUIDE TO CONTAMINATED LAND IN CAMBRIDGE 12. Appendix Five Checklists for reports submitted in support of planning applications These checklists have been included to aid the completion of Contaminated Land Reports and therefore aid the processing of planning applications. It provides a guide to what the Council will require to satisfy each phase in the Contaminated Land Planning Condition. If any of the items in the checklist are not included in a report then a full explanation should be included to justify their omission. Phase 1: Desktop Report Submitted for approval prior to commencement of development works 38 Purpose and aim of the report Site location and layout plans appropriately scaled and annotated Description of site and surroundings Appraisal of site history, identifying any potential contaminating features Appraisal of site walkover survey Assessment of the environmental setting including: Geology, hydrogeology, hydrology; Information from the Environment Agency on abstractions, pollution incidents, water quality classification, landfills within 250m etc. Description of current use of site and surrounding area Description of proposed use Review and summary of previous contamination reports, including references Included DEVELOPERS GUIDE TO CONTAMINATED LAND IN CAMBRIDGE Preliminary (qualitative) assessment of risks, to include: Conceptual Site Model Identification of all the potential contaminant sources, pathways, and receptors (pollutant linkages) Conclusion describing the likely risks, if any Discussion of uncertainties and gaps in information Description and justification of the next steps proposed at the site, to include: Identification of target area for more detailed investigation, if necessary 39 Phase 2: Detailed Site Investigation Reports Submitted for approval prior to commencement of development works Purpose and aim of the report Review and summary of any previous reports, with report references Conceptual Site Model from Phase 1 Site Investigation objectives Site Investigation methodology should include: a) A plan of the site showing: exploration locations; location of on site structures; above/below ground storage tanks etc. at the appropriate scale with annotation; Included DEVELOPERS GUIDE TO CONTAMINATED LAND IN CAMBRIDGE b) Justification of exploration locations c) Justification of the sampling and analytical strategies chosen d) Descriptions of the methods used for collecting, preserving and transporting samples e) Bore hole /trial pit logs Results and findings of Site Investigation to include: Ground conditions (soil, gas and water regimes, including made ground) Discussion of soil/ground water contamination (visual, olfactory, analytical and monitoring data) Conceptual Site Model (diagrammatic and written description to explain any changes from Phase 1 model) 40 Risk assessment based on contaminant source-pathway-receptor model (to assess the consequences and likelihood of occurrence) Details of the site specific risk assessment model used and an explanation for why it is valid for the site Details of the model input parameters and calculations Details of the constraints and limitations of the data and risk assessment Identification of pollutant linkages that present an unacceptable risk Recommendations for the remediation, using the 'suitable for use' approach – to consider both the current use, circumstances of the land and the proposed site end use Recommendations for further investigation if necessary DEVELOPERS GUIDE TO CONTAMINATED LAND IN CAMBRIDGE Phase 3: Remediation Statements Submitted for approval prior to remediation works Included Objectives of the remediation works Details of the remediation works to be carried out, to include: Description of ground conditions (soil, gas, water); Type, form and scale of contamination to be remediated; Remediation methodology; Site plans/drawings (appropriately scaled and annotated); Phasing of works and approximate timescales; Consents and licences (discharge consents, waste management licence, asbestos waste material removal licence etc); Site management measures to protect neighbours, environment and amenity during works Details of how the works will be validated to ensure the remediation objectives have been met, to include: Sampling strategy; Use of on site observations, visual/olfactory evidence; Chemical analysis and/or monitoring data; Proposed clean up standards (i.e. contaminant concentration); Whether validation will be phased Important: During the remediation works, if any changes to the strategy have to be made these must be agreed with the Scientific Team in writing before they are implemented 41 DEVELOPERS GUIDE TO CONTAMINATED LAND IN CAMBRIDGE Phase 4: Verification Reports Submitted for approval following remediation works Type, form and scale of contamination to be remediated Details of who carried out the work Details and justification of any changes from the original remediation statement 42 Substantiating data – should be included where appropriate: Laboratory and in situ test results; Monitoring results for groundwater and gases and details of monitoring programme post completion of remedial works, where agreed; Summary data plots and tables relating to clean-up criteria; Plans showing treatment areas and details of any differences from the original Remediation Statement; Waste management documentation; Photographs identifying the works undertaken. Confirmation that the remediation objectives have been met, for example, a Certificate of Completion Included DEVELOPERS GUIDE TO CONTAMINATED LAND IN CAMBRIDGE 13. Appendix Six Useful contacts and addresses for Consultants and Associated Services Association of Consultant Engineers Alliance House 12 Caxton Street Westminster London SW1H 0QL Tel: 0207 222 6557 Fax: 0207 222 0750 www.acenet.co.uk Provides a free listing of all its members categorised by specialisms, one of which is contaminated land. Association of Consulting Scientists Limited 5 Willow Heights Cadley Heath West Midlands B64 7PL Tel: 01216 023515 Fax: 01216 021062 secretary@consultingscientists.co.uk www.consultingscientists.co.uk Publishes a directory of its members. Provides details of member practices. Association members provide advisory, analytical and testing services in various fields of specialisation. 43 DEVELOPERS GUIDE TO CONTAMINATED LAND IN CAMBRIDGE Association of Geotechnical and Geoenvironmental Specialists Forum Court 83 Copers Cope Road Beckenham Kent BR3 1NR Tel: 0208 658 8212 Fax: 0208 663 0949 ags@ags.org.uk www.ags.org.uk Members are both consultants and contractors involved in the geoenvironment offering services in ground investigation, contaminated land assessment and remediation, laboratory testing and analysis, environmental audits, hydrogeology and pollution control. Copies of membership list and details of publications are available from the Administrator. 44 British Expertise 1 Westminster Palace Gardens Artillery Row London SW1P 1RJ Tel: 0207 222 3651 Fax: 0207 222 3664 mail@britishexpertise.org www.britishexpertise.org Formerly the British Consultant Bureau. A non-profit making multidisciplinary organisation of almost 250 independent consultancy firms and individuals. It has an environmental group representing engineers, architects, environmentalists, lawyers, economics and other consultancy disciplines. Direct enquiries are accepted to assist in identifying appropriate consultants. DEVELOPERS GUIDE TO CONTAMINATED LAND IN CAMBRIDGE Environmental Data Services (ENDS) 11-17 Wolverton Gardens London W67 DY Tel: 0208 267 8100 Fax: 0208 267 8150 post@ends.co.uk www.endsdirectory.com Holds a detailed database of consultants and offers a free service to anyone (including non-members); searches usually provide a minimum of five consultants meeting the criteria provided. ENDS directory of Environmental Consultants is a detailed directory of over 400 consultants which includes information on choosing a consultancy. ENDS also publishes an analysis of the environmental consultancy market. UK Accreditation Services UKAS 21-47 High Street Feltham Middlesex TW13 4UN Tel: 0208 917 8400 Fax: 0208 917 8500 info@ukas.com www.ukas.org UKAS provides a searchable database to locate laboratories accredited for specific tests. 45 DEVELOPERS GUIDE TO CONTAMINATED LAND IN CAMBRIDGE 14. Glossary This Glossary provides an interpretation of terms used in the Developers Guide to aid understanding. Brownfield site A previously developed site which is or was occupied by a permanent structure, including the curtilage of the developed land and any associated fixed surface infrastructure. 46 CCC Cambridge City Council CIRIA Construction Industry Research and Information Association Conceptual Site Model A representation which sets out the all possible pollutant linkages of concern for a particular land contamination problem. Contaminated land 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: a) significant harm is being caused or there is a significant possibility of such harm being caused; or b) pollution of controlled waters is being, or is likely to be caused or with respect to radioactive contamination defined in section 78A (2) (as modified) as: a) harm is being caused, or b) there is significant possibility of such harm being caused. Contaminated land planning condition This condition details the steps required to fully assess, investigate and take action, if required, on potentially contaminated land prior to the commencement of development. DEVELOPERS GUIDE TO CONTAMINATED LAND IN CAMBRIDGE Controlled waters They include: a) inland waters (river, streams, underground streams, canals, lakes and reservoirs) b) groundwaters (any water contained in underground strata (except if it is above the saturation zone), wells or boreholes) c) territorial waters (the sea within three miles of a baseline) d) coastal waters (the sea within the baseline up to the line of highest tide, and tidal waters up to the fresh water limit. DEFRA Department for Environment Food and Rural Affairs Desk Study The Phase 1 Contaminated Land Report designed to identify any past potential contaminative uses of a site through information gathering. Development Control The Local Authority department that receives and considers the merits of a planning application and whether it should be given planning permission having regard to the development plan and all other material considerations. EA The Environment Agency LPA Local Planning Authority ODPM Office of the Deputy Prime Minister Part 2A Part 2A of the Environmental Protection Act 1990 Pathway One or more routes by which a receptor can be exposed to a contaminant. Pollutant linkage The relationship between a contaminant, a pathway and a receptor. PPS23 Planning Policy Statement 23: Planning and Pollution Control Receptor The receptor is a living organism, an ecological system or a piece of property that is being, or could be, harmed by contamination. 47 DEVELOPERS GUIDE TO CONTAMINATED LAND IN CAMBRIDGE Remediation The carrying out of works to prevent or minimise effects of contamination. Source A substance in, on or under the ground with the ability to cause harm. Remediation Proposals The Phase 3 Contaminated Land Report detailing the objectives, methodology and procedures of the proposed remediation works. Special site Any contaminated land so designated due to the presence of: Waste acid tar lagoons Oil refining Explosives Environmental Permitting Controlled Sites Nuclear Sites Ministry of Defence Sites Pollution of controlled waters. Risk assessment, the study of: a) the probability, or frequency, of a hazard occurring; and b) the magnitude of the consequences. 48 Section 106 Agreement Any legal agreements between a planning authority and a developer that ensure that certain extra works related to a development are undertaken. Site Investigation The Phase 2 Contaminated Land Report involving an intrusive investigation of the site, chemical testing and a quantitative risk assessment. Suitable for use A site must not pose an unacceptable risk to human health or the wider environment from its actual or intended use. Verification Report The Phase 4 Contaminated Land Report presenting evidence to demonstrate that proposed remediation works have been satisfactorily carried out. CONTAMINATED LAND IN CAMBRIDGE Contaminated Land in Cambridge Developers Guide Environmental Services Mandela House 4, Regent Street Cambridge, CB2 1BY Tel: 01223 457890 Fax: 01223 457909 Email: env.health@cambridge.gov.uk Can be downloaded from www.cambridge.gov.uk Printed on recycled paper. Please recycle. April 2009