Contaminated Land
Introduction
Ryedale is predominantly a rural area; however, over the years,
industrial activities or past waste disposal practices have
resulted in contamination of some areas of land. Part IIA of
the Environmental Protection Act, 1990 was introduced as part of
the Government’s policy of sustainable development to deal with the
UK’s substantial legacy of land contamination, both man-made and
natural. It aims to ensure that land is ‘suitable for use’, that is
its current use poses no unacceptable risk to human health and the
environment.
Local authorities are the main regulators of contaminated
land.
There are two main routes by which contamination of land is
dealt with:
1. Planning and Development Control; and
2. Part IIA of the Environmental Protection Act, 1990.
What is contaminated
land?
Under Part IIA of the Environmental Protection Act, 1990, the
statutory definition of contaminated land is:
‘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:
- significant harm is being caused or there is a significant
possibility of such harm being caused; or
- pollution of controlled waters is being, or is likely to be,
caused.'
To summarise, contaminated land is land that has within it, on
or under its surface, chemicals or other substances that pose a
significant risk to human health, underground waters, surface
waters, ecological systems, buildings or other property.
Under Part IIA of the Environmental Protection Act the local
authority is responsible for the identification and remediation of
such sites.
Development of Contaminated Land
The potential for land contamination is a material planning
consideration for the purposes of the Town and Country Planning Act
1990. Dealing with contaminated land through the Development
Control process will continue to play an important role in
identifying and remediating contamination. The Government’s
position is that redevelopment is the most appropriate and cost
effective time to address the issue of land
contamination. Requirements for site investigations and
remediation identified in relation to development control will be
dealt with under planning legislation as opposed to the Part IIA
Contaminated Land Regime. Advice for dealing with contaminated
land via this route is contained in
Planning Policy Statement 23: Annex 2 - Development on land
affected by contamination.
Ryedale District Council is increasingly dealing with planning
applications for developments on previously used land often
referred to as ‘brownfield land’. In many cases these sites
are affected by the presence of contamination due to historic
industrial processes. To ensure safe development, all planning
applications are considered for potential contamination. If
there is a potential that the land could be contaminated,
recommendations will be made to the planning officer advising that
planning conditions be imposed should the application be
approved.
Ryedale District Council have produced a
‘Guidance
for Developing on Contaminated Land’ leaflet to make developers
aware of the information required in order to assess a planning
application on land which may be affected by the presence of
contamination. A copy of this leaflet is available from the
council offices or may be downloaded from the link below. We are
always willing to discuss information requirements (both pre and
post application) with developers and any queries regarding
developing on contaminated land.
It should be noted that it is the responsibility of the
developer to ensure that a development is safe and 'suitable for
use' for the purpose for which it is intended as indicated in PPS23
- Annex 2: Development for Contaminated Land Guidance for
Developing on Contaminated Land.
Environmental Protection Act, 1990: Part
II A
On 1 April 2000, under Part IIA of the Environmental
Protection Act 1990, a new regulatory regime came into force the
main objective of which was to provide an improved system for the
identification and remediation of land where contamination is
causing unacceptable risk to human health or the wider environment,
assessed in the context of current use and
circumstances.
Local authorities have been made the main regulatory bodies
under the Part IIA regime. Local authorities now have a statutory
duty to ensure their areas are inspected in order to identify
contaminated land. DETR Circular 01/2006, Environmental
Protection Act 1990: Part IIA Contaminated Land contains the
statutory guidance concerning local authorities inspection duty.
The guidance details the requirements for local authorities to
develop a strategic approach to inspection and for the production
and content of a published strategy document. The guidance states
that the determination of whether any land appears to be
contaminated is the sole responsibility of the local
authority.
The local authority role covers the following key tasks:
- prepare and publish an inspection strategy;
- ensure Inspection of their areas to identify contaminated
land;
- ensure remediation of contaminated land;
- transfer special sites to the Environment Agency; and
- maintain a Public Register of regulatory action.
The statutory guidance requires each local authority to adopt
a strategic approach to the identification of land meriting
detailed individual inspection.
Environmental Information Request
Ryedale District Council offers an Environmental Search facility of
all records and information sources available to the authority. For
a fee, we can provide a written response to enquiries regarding
land contamination and/or proximity to closed landfill sites for a
particular site.
This service is for environmental information only. The
council is unable to issue Environmental Certificates or guarantees
about particular sites within the district in relation to
contaminated land.
Further Information and Contact
Details