Contaminated Land what is it?
What causes contamination in the ground and why should we clean it up?
What is the legal definition of 'Contaminated Land'?
Will all polluted sites be legally determined by the Council to be 'Contaminated Land'?
Is brownfield land 'Contaminated Land'?
What are the Environment Agency's responsibilities under Part IIA?
How could 'Contaminated Land' investigations affect me?
Intrusive investigation
Remedial works (Clean Up)
Who pays for the clean up of 'Contaminated Land'?
What do I need from a developer if I am buying a new house on a development, which has had Contaminated Land conditions attached as part of its planning approval?
How can I find out if my home or the home/land I am buying is on 'Contaminated Land'?
Contaminated Land what is it?
The term 'Contaminated Land' is commonly used to describe old industrial sites that have become contaminated as a direct result of the historic activity on the site (e.g. old buried tanks containing industrial waste, leaking underground petrol tanks on garage sites, etc). The term also includes landfill sites (e.g. old quarries filled with domestic refuse or industrial waste) and land that has been contaminated accidentally due to spills of oil or leaking tanks.
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What causes contamination in the ground and why should we clean it up?
Contamination (pollution) of land can arise from past industrial processes, waste disposal, illegal dumping, accidental spillage of substances and in some instances may be natural rather than man-made. In the past there were far fewer operating restrictions for industries than we have today. Many industrial activities were carried out with little regard for their impact on the environment. The type of contaminant can vary widely from site to site. Some of the more common problems include oils and fuels, domestic and industrial waste, heavy metals and solvents.
Different contaminants can cause problems in a variety of ways. For example, they can: -
•travel through or move across the ground and pollute water resources such as underground water, lakes and rivers
•Be inhaled as dust particles
•Be absorbed into, or irritate the skin
•Be taken up by plants that are grown in the ground to be eaten by humans or animals
•Break down to create potentially dangerous gases including methane (explosive), carbon dioxide etc.
•Have a detrimental affect on building materials
It is therefore important to identify areas where contaminants are likely to be present and to deal with them so that the site is made suitable for its use, and to negate any affects to neighbouring land.
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What is the legal definition of 'Contaminated Land'?
The Environmental Protection Act 1990 introduced a legal definition of 'Contaminated Land' for the first time. Section 78A of the Act states that: '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:
•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.
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Will all polluted sites be legally determined by the Council to be 'Contaminated Land'?
Not necessarily. For the Council to legally determine a site as 'Contaminated Land' all of the following must apply: -
•There must be one or more contaminating substances present (called the source);
•There must be one or more specified receptors present (these can be people, animals, plants, rivers, underground water resources or buildings);
•There must be at least one plausible pathway between the contaminant and the receptor (forming a Pollutant Linkage); and
•There must be a significant possibility that the Pollutant Linkage could lead to significant harm to one or more receptors.
This Source-Pathway-Receptor approach is designed to account for cases where a contaminant may exist on a site but there are no receptors present that it can affect; or that there is no feasible way that the contaminant can come into contact with a receptor; or that the amount of contamination that could come into contact with a receptor is not enough to pose any significant risk. Such sites would not be determined by the Council as 'Contaminated Land'.
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Is brownfield land 'Contaminated Land'?
Not necessarily. Brownfield is a term often used to describe previously developed land. Most land that has been previously developed for industrial purposes will have some contamination on it, but not all will meet the definition of contaminated land under Part IIA (see above answer).
It is worth bearing the following in mind when it comes to the different definitions of land: -
•Not all brownfield sites are contaminated
•There are often minor contamination issues at brownfield sites
•Not all contaminated sites are located on brownfield land. Land may become contaminated as a result of a neighbouring contaminative use or pollution incidents, or may even appear to be greenfield, such as with restored landfill sites
•Some brownfield land may become 'Contaminated Land' if it has not been remediated (cleaned up) adequately
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What are the Environment Agency's responsibilities under Part IIA?
For some sites known as 'special sites', which includes sites affecting rivers, aquifers and water supplies, have radioactive substances on site or are former Ministry of Defence land, Bexley Council will carry out the initial work to identify the site as 'Contaminated Land' and consult with the Environment Agency about designating the site as a 'special site'. The remediation (clean up) of 'special sites' will be enforced by the Environment Agency as set out in the Part IIA Guidance Document.
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How could 'Contaminated Land' investigations affect me?
You may be affected by investigations if you own land, occupy land, are a tenant of land or operate a process on land that the Council has reasons to believe may be contaminated.
In cases where contamination has been found that may affect nearby residents the Council will have already carried out some preliminary investigation work. This will determine the likelihood of contamination at the site and will inform all those who may be potentially affected by inspections, intrusive investigations and possible remedial works well in advance of them taking place.
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Intrusive investigation
Involves sampling soil and water, perhaps testing for gas, at and perhaps around the site, to determine the level of contamination. Techniques such as trial pitting and borehole drilling may be used for the sampling. The nature of the contamination and current characterisitics of the site will often influence the techniques used.
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Remedial works (Clean Up)
Are designed and carried out on the basis of the information found during the intrusive investigation and will occur where the contamination found is thought to pose an unacceptable risk to human health and the environment.
You will be kept informed of the overall findings and decisions in relation to the site.
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Who pays for the clean up of 'Contaminated Land'?
The Council will pay the cost of investigation into the contaminated status of the land under Part IIA. In the case where remedial works (clean up) are needed to prevent harm due to unacceptable risks, other parties such as the land owners or those responsible for the contamination may have to meet the costs.
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What do I need from a developer if I am buying a new house on a development, which has had Contaminated Land conditions attached as part of its planning approval?
•A 'remediation certificate' produced by the consultant or expert on behalf of the developer stating how the site has been remediated to a 'suitable for use' standard. Where this is not available, copies of the remediation reports from the developer.
•You should also contact the Planning and/or Environmental Protection Team for confirmation that the contaminated land conditions have been fully complied with and therefore discharged, and that there are no outstanding issues.
•The NHBC or other Building Control Inspector may also be able to provide information about the development.
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How can I find out if my home or the home/land I am buying is on 'Contaminated Land'?
Your solicitor can conduct an environmental search on your behalf consulting various agencies including this Council about information on the land in question.
You could use one of the private commercially available search companies to carry out the work for you. Their websites often allow for a basic search to be carried out for free on-line, but charge for a more detailed report, including further enquiries to Local Authorities.
You can also request an environmental search from the Environment and Pollution Team on 451296 please note there is a charge of £61.00 plus VAT per hour. You can also email your request to the Environment & Polution Team.
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