The pollution team get involved in the planning process to ensure that developers consider contamination during redevelopment. For land that is not being redeveloped, but could be presenting an unacceptable risk to human health, property or the wider environment is dealt with by the pollution team under Part IIA of the Environmental Protection Act 1990. These roles mean the team also hold a lot of information about the environment. Why is land contaminated and how much land may be affected?Dealing with contamination through planningRegulation of Contaminated LandFurther informationWhy is land contaminated and how much contaminated land is there?Land may become contaminated as a result of a variety of human activities. A considerable amount of contamination can be attributed to past industrial practices when little or no account was taken of potential environmental impacts. Not only does land affected by contamination present unacceptable risks to human health, property, and the wider environment, it can also impact upon the economic and social use of land. In 2005 the Environment Agency estimated that there might be around 300,000 hectares of land affected by industrial activity in England and Wales which may be contaminated. This is approximately two per cent of the land area of England and Wales.Contamination can be identified and dealt with in a number of ways, including:
site owners, those responsible for the site or polluters voluntarily dealing with existing land contamination;
using the planning system to remediate existing contamination by redeveloping land (Town and Country Planning Act); or
using regulation, including Part IIA of the Environmental Protection Act 1990.
The total restoration of contaminated land to an "unpolluted" state is rarely achievable, and can be unnecessary. Cleanup is usually tailored to the intensity and extent of the contamination found and the intended use of the site.Land contamination and the planning processWhen land is undergoing development, the Council must consider the impacts of contamination on the proposed use of the site. Where land is found to be contaminated, by the imposition and enforcement of planning conditions and building regulation, the Council requires the site to be remediated so that it is 'suitable for its intended use'.When formulating it's Local Plan the Council must also take account of contaminated land so that land use may be determined accordingly and, where appropriate, steering development onto previously developed land. Many contaminated sites have already been dealt with through the application of planning controls during redevelopment. It is anticipated that the redevelopment of previously used sites and derelict land within the Borough will continue to remain the primary mechanism for dealing with contaminated land. Local planning guidance on developing contaminated land is available, together with national planning policy guidance on pollution issues, as follows:PPS23- 'Planning and Pollution Control' November 2004PPS23- 'Planning and Pollution Control- Annex 1: Pollution Control, Air and Water Quality'PPS23- 'Planning and Pollution Control- Annex 2: Development on Land Affected by Contamination'The Environmental Protection Act 1990Part IIA of the Environmental Protection Act 1990, inserted by Section 57 of the Environment Act 1995 places a duty on Local Authorities to deal with historical contamination. Consequently, Spelthorne Borough Council has a duty to ensure that the land within its Borough does not present unacceptable risks to human health, property, or the wider environment, due to the presence of hazardous substances contained in, on or under the land. The Act means that the Council has a duty to:
Prepare a Strategy to identify Contaminated Land in the Borough and implement it;
Identify Contaminated Land (and Special Sites for the Enforcement of the Environment Agency)
Identify responsibility for the remediation of the land
Bring about the remediation of the land volunatrily or through enforcement action
Provide the Environment Agency with local land contamination/ remediation information.
Contaminated land is defined by the Environmental Protection Act 1990 as being:"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 significant possibility of such harm being caused; or
(b) significant pollution of controlled waters is being or is likely to be caused.
The definition reflects the intended role of Part IIA, which is to enable the identification and treatment of contaminated land that is causing unacceptable risks to human health or the wider environment. It does not necessarily include all land where contamination is present. For the Council to legally determine a site as 'Contaminated Land' all of the following must apply:
There must be one or more contaminating substance present in a significant quantity (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 by which contaminant can reach the receptor such as skin contact or inhalation of vapours (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. For radioactively contaminated land only harm to human health receptors is considered at present.
Work is in progress to prioritise and inspect potentially contaminated sites accross the Borough. The Council has recently been undertaking a detailed inspection of land at Denman Drive, Mayfield Close and Caroline Court, Ashford.Information about the investigation, including copies of reports and newsletters, is available. The Contaminated land strategy is currently being updated and will be available to download soon. Please contact the pollution team if you would like a copy of the 2001 Contaminated Land Inspection Strategy. Graphical Version l
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