Guidance Note on Contaminated Land
This is a note issued by Wyre Forest District Council to provide
guidance and advice on contaminated land within the Planning
process.
Where conditions are attached to a Planning Permission relating to
potentially contaminated land, applicants have obligations to meet
regarding:
- The investigation and survey of the site for potential
contamination.
- The submission of proposals to deal with any contamination
(remediation).
- Implementation of such proposals to the satisfaction of the
planning authority.
Because of the complex and technical nature of this issue we
strongly recommend that you appoint suitably qualified consultants
to ensure you meet these obligations correctly and
professionally.
You will need to comply with your obligations before any
development starts.
View the
Contaminated Land Inspection Strategy Review 
(253K)
What is Contaminated Land?
Contaminated land is land that has the potential to cause harm
to humans, property and the environment (including lakes, ponds and
watercourses), because of the presence of particular substances in,
on, over and under the ground or water.
These substances may include metals and their compounds (e.g.
rust), organic compounds (e.g. petrol, solvents), and gases (e.g.
methane, carbon dioxide). Typical causes of land contamination
include previous industrial and commercial uses or landfilling of
wastes etc. However, land may also be contaminated due to its
proximity to such sites.
Public Register of Contaminated Land
There are currently no sites designated as contaminated land
under Part IIA of the Environmental Protection Act 1990 in the Wyre
Forest District Council area.
Planning Condition(s)
The Council attaches condition(s) to your approved planning
consents where it is suspected that the site may have a
contamination problem, based on available information.
If you comply with the condition relating to the initial
investigation and survey and if you prove to the Council’s
satisfaction that there is no contamination problem, then no
further action is necessary and you may proceed with you
development once this has been confirmed to you in writing by the
Council.
Because of the serious nature of contaminated land issues it is an
offence not to comply with a contaminated land condition and legal
action may be taken by the Council in cases of
non-compliance.
Actions that maybe taken to enforce a contaminated land obligation
include the power to stop the development, demand the requested
information is provided, and in some circumstances to
prosecute.
There are 3 practical means of compliance:
- Desk based survey – identifies the potential for, and
likelihood of contamination.
- Physical site investigations – proves and characterises the
contamination and assesses whether it will potentially result in
harm.
- Remediation – action to either remove contaminative substances
from the site, treat them on site so they are no longer a problem,
or contain them on the site so they are no longer a problem.
Desk based survey
The aim of a desk based study is to provide sufficient information
to identify any risks that may exist from the site/adjacent sites
in relation to the proposed development. The conclusions and
recommendations provided by the desk based study should be
sufficient to design a tailored site investigation for the site in
order to prove its contamination status. In some cases the
desk-based study might demonstrate that further investigations are
not necessary. The desk-based study should at a minimum include the
following information:
- A site description identifying the site location, current use,
a description of site features, a description of adjacent sites and
their respective uses. The site description should be based on a
site visit to identify visual evidence of contamination
(representative samples may be taken and analysed) and any evidence
of past activities which may result or have resulted in
contamination at the site.
- Reasonable historical researches to identify past land uses at
or adjacent to the site (copies of relevant historical maps to be
included in the report).
- Searches of Environment Agency, Local Authority, English Nature
information etc, about the site and adjacent sites.
- Characterisation of the site’s geology, hydrogeology and
hydrology.
- An appropriate risk assessment based on the identification and
establishment of potential Source-Pathway-Target relationships at
the site.
- Conclusions and recommendations. Where further physical site
investigations are recommended, information collected as part of
the desk based study should be used as a basis to design an
appropriate investigation for the site.
The report should contain all necessary supporting information such
as historical maps, copies of searches undertaken with statutory
authorities, any previously undertaken site investigation reports,
results of analysis etc.
The above information should be submitted to the Council’s Planning
and Building Control Service who will respond in writing. No
development or further works with respect to any contamination
should be carried out until receipt of a written response.
On receipt of the report, the Council will consider whether the
relevant planning condition has been complied with. Additional
information may be sought and where necessary the Council will
require a physical site investigation.
Physical site investigation
The aim of a physical site investigation is to identify the
presence, severity and extent of potential contaminants at the
site, so allowing the fitness of the land in its current state for
the proposed development to be assessed. Where contamination is
identified, the results of such an investigation will allow any
necessary remedial measures to be identified. The physical site
investigation should at a minimum include these components:
- A desk based study.
- An explanation of the basis of the investigation, including the
number and positions of exploratory positions, sampling techniques,
potential contaminants that will be analysed for etc.
- Sufficient and appropriate physical investigations, sampling
and monitoring in line with appropriate guidance to identify
contamination at the site and undertake a risk assessment. As an
example, the siting of exploratory sampling/borehole positions must
be placed appropriately and the number of samples analysed from
each position should be sufficient to characterise soil
properties.
- An appropriate risk assessment highlighting the significance of
any contamination in relation to any identified
Source-Pathway-Target linkages. This should include the potential
for the site to contaminate adjacent sites, and vice versa. Where
appropriate this should include the use of an appropriate
quantitative risk assessment methodology or package.
- Conclusions and recommendations, where necessary identifying
remedial measures that would be needed to make the site suitable
for its intended us.
Both the desk based study and physical site investigation may be
presented in a single report. This information should be submitted
to the Council and no remediation work or other development should
be undertaken until a response has been received.
Remediation
Where contamination poses a threat to the proposed development,
adjacent land or the environment, remedial measures will be
necessary to remove, stabilise, contain or treat the affected land.
The information needed in relation to remediation being undertaken
at a site includes:
- A desk based study, a physical site investigation report and
any extra physical site investigations necessary to characterise
the site sufficiently for the remediation scheme.
- A remediation plan detailing, what remediation is proposed, how
it will deal with each of the identified pollution linkages, any on
going monitoring that will be necessary after the remedial
treatment action is completed.
- Monitoring undertaken during the course of remediation at the
site to check whether the works have been successful.
- A final report on completion detailing how the remediation has
achieved each of the aims outlined within the remediation plan.
This should include the results of validation testing undertaken
during remediation, any further observations of contamination
identified during remediation and further remediation that was
undertaken/ is proposed to deal with any extra contamination. The
report should also identify what monitoring will be ongoing in
relation to the remedial treatment action undertaken.
- The results of any on going monitoring that is specified by the
remediation plan and completion report.
Additional Advice for Applicants, Developers and their
Consultants
Best practice guidance is continually becoming available that
relates to:
- Site surveys
- Site investigation, sampling and monitoring
- Risk Assessment (both quantitative and qualitative)
- Remediation
When undertaking site surveys, site investigations and
remediation we expect the most up to date best practice guidance to
be adhered to. All best practice guidance used for any part of a
survey, investigation or remediation should be referenced. Where
best practice is not observed the planning authority may require
that additional works are undertaken to satisfy the contaminated
land condition.
Examples of best practice guidance include publications produced by
CIRIA, the Environment Agency, DETR, ICE, BGS, BSi etc.
Contaminated
land leaflet for homeowners
(1,141K)
Contacts
If you want to discuss this further then please contact the
Planning Officer who dealt with your planning application.