Land Pollution
Under Section 78A(2) Part IIA of the Environmental Protection Act 1990 Contaminated Land is defined: "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".
Before the council determines that any land is contaminated, the authority should be satisfied that the following three elements have been identified with respect to the land:
CONTAMINANT - PATHWAY - RECEPTOR
Contaminant this is the source, which can be a substance, which is in, on or under the land, and has the potential to cause harm or pollute controlled waters.
Pathway defined as one or more routes or means by or through which that a receptor is being, or could be, exposed to, or affected by, that contaminant.
Receptor this can be one of the following: living or group of organisms, an ecological system, controlled waters or some piece of property. The relationship between Contaminant Pathway Receptor is called a 'Pollutant Linkage' Without the identification of all three elements the land cannot be identified as Contaminated Land. Click here for further information.
What is the Councils role?
Part IIA of the Environmental Protection Act requires every local authority to produce a strategy outlining how it intends to inspect for land that is statutorily contaminated. The strategy is available to download: Please click here (PDF 185.8KB)
The council keeps a public register of Contaminated Land as required under Section 78(R) of the Environmental Protection Act 1990 there are currently no entries in this register for any premises within the South Bedfordshire area.
The Planning Process and Contaminated Land
Despite the Part IIA legislation, the planning process remains the main driver for dealing with land contamination issues. This is likely to continue as Government policy calls for more development to take place on previously developed land (brownfield sites).
Planning Policy Statement 23: Planning and Pollution Control (PPS23), states that land contamination, or potential contamination, are material planning considerations in the outcome of decisions in planning applications.
South Bedfordshire District Council will need to be satisfied that the developer/landowner has performed an adequate risk assessment of the risks posed by any contaminants present and that remedial measures taken are suitable for the end use of site. It is the responsibility of the developer/landowner for the safe development of the site.
On association with the Environment Agency and the other local authorities in Bedfordshire and Hertfordshire, South Bedfordshire District Council has jointly published technical advice for applicants, developers, landowners and consultants involved in the re-development of land that has the potential to be affected by contamination or where a sensitive end use (e.g. housing, schools, hospitals, children's play areas, etc.) is proposed.
Please follow the link to view the guidance document (you will need Adobe 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 practical guidance.
Herts and Beds Cont Land developers Guide Sept08 (PDF 257KB)
There is also a guide with information and links to current government publications.
Useful Contacts, Links and References
Building Control 0845 849 6232
Development Control/ 0845 849 6342
Development Plans
Environment Agency 0845 933 3111
*Guidance for the Safe Development of Housing on Land affected by Contamination. 2000 Environment Agency/NHBC R&D Publication 66 ISBN 0 11 3101775
*BRE Cover Systems for Land Regeneration Thickness of cover systems for contaminated Land
*CIRIA (C659) Assessing risks posed by hazardous ground gases to buildings
*NHBC Guidance on evaluation of development proposals on sites where methane and carbon dioxide are present
*PPS 23 Planning & Pollution Control
*SBDC Local Plan see Local Plans
*Contaminated Land Exposure Assessment Model; (CLEA), CLR Documents, Soil Guideline Values (SGV) and Toxicological Reports (TOX) Department for Environment, Food and Rural Affairs & Environment Agency http://www.defra.gov.uk/
