Photograph courtesy of Royal Chiltern Air Support
Unit
Introduction
Contaminated land is principally a
legacy of historical industrial activities and past waste
disposal practices. Examples of such industries include gas works,
chemical works, landfill sites, sewage works, petrol stations and
scrap yards. In some instances, substances and waste materials
from these activities may have caused pollution to the
ground. This contamination has the potential to cause
harm to human health, ground and surface waters, ecological systems
and the built environment.
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The
Contaminated Land Regime
In April 2000 the Government introduced new
legislation (Part 2A of the Environmental Protection Act 1990)
requiring all local authorities to inspect their areas for
potentially contaminated land and, if necessary, to ensure that any
contamination is 'cleaned up' (remediated).
Part 2A introduced the legal definition of
'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."
In 2001 we published our Contaminated
Land Strategy outlining how we will deal with contaminated
land within the Borough. The strategy was last reviewed and
updated in 2007. It details how we identify and prioritise sites
for further investigation, and includes information on remediation,
liability and enforcement. Please click on the following link
to view the current version of the Contaminated Land Strategy
(you will need Adode Reader to view this document):
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Contaminated Land Register
Please click on the following link to view the
current version of the Contaminated Land Register (you will need
Adobe Reader to view this document):
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Land Contamination and New Development
Despite the introduction of the Part 2A
legislation, the planning process is still the main driver for
dealing with land contamination issues. This will undoubtedly
continue to be the case as government policy encourages
the redevelopment of previously used land ('brownfield' sites) to
housing. As a result, land contamination issues will inevitably be
a factor in some new developments.
Planning Policy Statement 23: Planning and
Pollution Control (PPS23) states that land contamination, or
the possibility of it, is a material planning consideration in
taking decisions on planning applications. It remains the
responsibility of the landowner/developer to identify land affected
by contamination and to ensure that remediation is undertaken to
secure a safe development.
Where planning permission is sought for
development within the Borough, the possibility of contamination
should be assumed in relation to all land, subject to, or
adjacent to, previous industrial use and also where uses are being
considered that are particularly sensitive to contamination (e.g.
housing, schools, hospitals, children's play areas). This will
normally be achieved by attaching conditions to planning
permissions requiring developers to perform a
contamination assessment for such sites.
In association with the Environment Agency and
the other local authorities in Hertfordshire and Bedfordshire, the
Council has jointly published technical advice for
applicants, developers, land owners and consultants involved in the
redevelopment of land that has the potential to be affected by
contamination or where a sensitive end use is proposed. Please
click on the following link to view the guidance document (you will
need Adode Reader to view this document):
Please note that this guidance is subject
to revision from time to time in line with advancing government
requirements, legislative changes and best practice guidance.
The Council is mindful of the potential cost
implications of a formal land contamination assessment
and investigation. Therefore, the Council has prepared a short
questionnaire to be completed by planning applicants for small
developments with a proposed sensitive end use on existing
residential or greenfield sites. The information contained in
completed questionnaires is then used to assess whether a more
formal assessment of land contamination is necessary. Please
click on the following link to view the questionnaire (you will
need Adode Reader to view this document):
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Environmental Information
The Council can provide environmental
information on sites within the Borough in accordance
with the Environmental Information Regulations (EIR) 2004. We
hold various information relating to contaminated land issues,
including details of site investigations and remedial works,
location of former landfill sites, details of authorised industrial
processes, pollution incident records and details of private
water supplies.
We currently charge £60 + VAT per hour to
provide written responses to environmental information
requests. Please use the contact details below to enquire about or
request environmental information.
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Contact Details
Contaminated Land Officer: Dr
Christopher Ward
Address:
Environmental
Health Division
Dacorum Borough Council
Civic Centre
Marlowes
Hemel Hempstead
Hertfordshire
HP1 1HH
Telephone: 01442 228441
Fax: 01442 228477
Email: environmental.health@dacorum.gov.uk.
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