DEVELOPING CONTAMINATED LAND
You should obtain specialist advice from an Environmental Consultant or a specialist lawyer before you buy or sell potentially contaminated land.
Because of the Industrial Revolution and past historical
land use, some land within the UK is contaminated by
industrial and commercial activities. These include gas
works; tanneries; petrol stations; landfill sites; scrap
yards, etc.
Sites on which development has previously taken
place are known as ‘brownfield sites’
Due to Government requirements to develop
brownfield sites, it is probable that some new
developments will take place on potentially
contaminated sites. If there is to be a change of land
use, it is important that any contamination be dealt with
adequately before development commences.
In some areas, naturally occurring contaminants (like
arsenic) can be a problem.
Land must be suitable for its new use to ensure there
is no danger to people, ecosystems, or buildings.
Definition of “CONTAMINATED LAND”
Contaminated Land is land where substances in or
under the land mean that it is actually or potentially
hazardous to health or the environment. Section 80 of
the Environmental Protection Act 1990 gives a
definition
All three elements of a pollutant linkage must be
identified before land can be declared as
Contaminated, it contains:



A source of pollution, and
A receptor e.g. humans, buildings, controlled
water could be affected by the pollutant, and
A pathway by which the pollution can get to the
receptor e.g. ingestion, skin absorption, inhalation.
Land may be heavily polluted but is only legally defined
as CONTAMINATED LAND if the three elements are
present and there is significant risk of significant harm.
Disturbing land as part of the development process
can release contaminants and a change of use
can put receptors closer to the source.
SUBMITTING A PLANNING APPLICATION
Where a developer is proposing to develop land
that may be contaminated, it is advisable to
contact the planning officers to discuss land
contamination issues before submitting a planning
application. Advice can be given on what should
be submitted with the application. This liaison can
reduce delays at a later stage.
The applicant should provide relevant details of the
history of the site including a list of all previous
land uses. All possible pollutant linkages should
be identified.
PLANNING CONDITIONS
Conditions will usually require a site investigation
to be carried out to determine the level of risk
posed by any contamination, and to ensure that
appropriate remediation is undertaken if it is found
to be necessary.
The requirements will include a desk study, display
of a conceptual model (Source- Pathway-Receptor
approach) and a risk assessment of the site.
Depending on the level of risk, further investigation
of the site and re-mediation works may be
required.
The site investigation is made up of four distinct
phases although it may not be appropriate to
progress to all the stages depending on the results
of the previous phase.
THE FOUR PHASES of SITE INVESTIGATION:
PHASE 1:- DESK TOP STUDY
This involves collation of any data about the site in
terms of site history, land use, physical
characteristics, and a walk over survey. At the end
of this procedure, a preliminary risk assessment
must be carried out to determine if the site poses a
risk from contamination and if it is necessary to
proceed to a Phase 2 investigation.
It is recommended that a suitably qualified
consultant be appointed to ensure this
obligation is met correctly. This will enable the
applicant and planning authority to determine
the need, if any, for a site investigation.
PHASE 2: INTRUSIVE INVESTIGATION
This involves intrusive sampling and analysis of
those samples to determine the concentration of
known contaminants. This should only be
undertaken by competent environmental
consultants, disturbing contaminants could have
serious environmental impacts.
PHASE 3: REMEDIATION STRATEGY
This requires the production of a remediation
strategy, which covers all the contamination issues,
and where appropriate, details of any long term
monitoring and maintenance.
PHASE 4: VALIDATION
This requires the production of a post-remediation
validation report; and where appropriate, a post
remediation-monitoring program.
DEVELOPERS RESPONSIBILITY
When commenting on contaminated land reports
and proposed remediation strategies, neither the
planning authority nor the contaminated land officer
will accept responsibility for the effectiveness of the
design and completion of remediation measures.
The responsibility remains at all times with the
developers and their advisors.