Gravesham Borough Council
Contaminated Land Strategy
Required under the provisions of the Environmental Protection Act 1990 Section 78B July 2001 Revision 1: August 2009 Revision 2: 2 January 2013
1 Contents Page
1. Introduction & Overview 3 2. The Strategy 8 3. The Implementation of the Gravesham Strategy 11 4. Procedures 12 5. Risk Assessment 15 6. Obtaining further information on pollutant linkages and the risk assessment 16 process 7. Liaison and Communication 17 8. The written record of determination and formal notification 19 9. Review Mechanisms 20 10. Information Management 21
Appendices
1. Details of statutory Consultees and relevant contacts 22 2. Glossary of terms 23 3. Gravesham’s Past and Current Industrial History 25
Acknowledgements
Geoff Baker of Gravesham Borough Council’s Planning Services Department is thanked for providing the comprehensive information on Gravesham’s current and past Industrial History.
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1.0 INTRODUCTION & OVERVIEW
1.1 The Environmental Protection Act (EPA) 1990 states at section 78B (1) that:
Every local authority shall cause its area to be inspected from time to time for the purpose -
(a) of identifying contaminated land; and
(b) of enabling the authority to decide whether any such land is land which is required to be a special site (see appendix 2).
1.2 Section 78B (2) states that authorities must act in accordance with guidance issued by the Secretary of State in this respect. Statutory guidance was first published within the Department of the Environment Transport & Regions Circular 02/2000, dated the 20th March 2000. This was replaced by Defra Circular 01/2006 dated 4th August 2006 which covered radioactive contamination of land. Contaminated Land Inspection Strategies Technical Advice for Local Authorities was released in May 2001 giving specific technical guidance on the drafting of Inspection Strategies. Annex 3 of Defra circular 01/2006, which was the Statutory Guidance part of the document, has now been replaced by Defra’s Contaminated Land Statutory Guidance document published in April 2012.
In addition, the National Planning Policy Framework (NPPF) was introduced on 27 March 2012, which removed the national Policy Planning Guidance (PPG) documents as part of the localism agenda and instead provided a framework within which local people and their accountable councils can produce their own distinctive local and neighbourhood plans, which reflect the needs and priorities of their communities.
1.3 The statutory guidance makes clear that in order to carry out their new contaminated land duties, Authorities must produce a formal contaminated land strategy document which clearly sets out how areas of land which merit detailed individual inspection will be identified in an ordered, rational and efficient manner, and in what time scale.
1.4 Gravesham Borough Council’s (GBC) strategy was completed, formally adopted and published, within a period of fifteen months from the publication of the original guidance. Copies of the final document were forwarded to the Environment Agency. Subsequently the strategy has been kept under periodic review.
1.5 In order to satisfy the far reaching objectives of the regime it is necessary to investigate land throughout the whole of the Borough and collate significant volumes of information. This process enables GBC to make the sometimes difficult and inevitably complex decisions relating to land condition, the risks it presents and who may be liable for it in law. This strategy is the first stage of that process and seeks to express as clearly as possible how each stage will be addressed.
1.6 The Government believes contaminated land to be, “an archetypal example of our failure in the past to move towards sustainable development”. The first priority is therefore to prevent new contamination via existing pollution control regimes such as Environmental Permitting Regulations 2010, Pollution Prevention and Control Act 1999, Waste Management Licensing and Change of Land Use through the planning process.
1.7 There remains however a legacy of land which may already be contaminated by past activities which presents problems when moving towards sustainable development. The second priority is therefore to bring this land back into use by remediating it to a standard suitable for what it is intended to be used for. Three objectives have been
3 identified as underlying this ‘suitable for use’ approach as follows:
a) to identify and remove unacceptable risks to human health and the environment; b) to seek to bring damaged land back into beneficial use; and c) to seek to ensure that the cost burdens faced by individuals, companies and society as a whole are proportionate, manageable and economically sustainable.
Currently, where market forces dictate, land is remediated via the developmental control system and the council use the approach outlined above when dealing with land identified as being contaminated. A significant amount of land in the borough has been remediated in this way and will continue to do so. There are instances however when contaminated will lie derelict for long periods of time and this has the potential to damage sensitive receptors.
1.8 The introduction of the Contaminated Land Regime by Part IIA of the Environmental Protection Act 1990 complements Gravesham Borough Council’s own Corporate aims and objectives in a number of ways. Land contamination has significant impacts on both the environment and the economy. This is recognised in policy NE15 of Gravesham Borough Council’s Local Plan. This requires that any proposed development on or near to land known to be or suspected to be contaminated must be accompanied by a report from a competent contractor identifying the extent and nature of the contamination and outlining the appropriate remedial measures to avoid risk from it. The development can only be progressed if the report is found to be satisfactory by the council and the remedial measures are satisfactorily implemented and certified.
The identification and safe re-use of contaminated land plays a key part in the sustainable development of the area and therefore is an important part of one of Gravesham’s Corporate Business Plan’s 2011-2015 key areas of focus of ‘ensuring a sustainable high quality built and green environment and safeguarding our cultural heritage.’
This document will be made available to all interested sections of the community, businesses and developers and in so doing will promote public awareness of this important environmental issue. Dealing with contaminated land in the Borough will go towards reducing the amount of greenfield development.
1.9 ROLES AND RESPONSIBILITIES
The statutory guidance states: “The local authority has the sole responsibility for determining whether any land appears to be contaminated land.” This is a significant responsibility which reflects existing local authority duties under the statutory nuisance regime and Town & Country Planning, development control. The role in broad terms includes:
* To cause the area to be inspected to identify potentially contaminated sites; * To determine whether any particular site is contaminated (by definition); * To determine whether any such land should be designated a ‘special site’; and * To act as enforcing authority for contaminated land not designated as a ‘special site’.
The Environment Agency also has four main roles:
* To assist local authorities in identifying contaminated land (particularly where pollution to controlled waters is involved); * To provide site specific guidance to local authorities on contaminated land where
4 requested; * To act as enforcing authority for contaminated land designated a ‘special site’; and * To publish periodic reports on contaminated land.
Where the presence of contaminated land has been confirmed the enforcing authority must:
* Establish who should bear responsibility for remediation; * Decide after consultation what must be done in the form of remediation and ensure it is effectively carried out; * Determine liability for the costs of the remedial works; and * Maintain a public register of regulatory action in relation to contaminated land.
1.10 OUTLINE OF THE STATUTORY PROCEDURE
Contaminated land is defined as:
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 -
Significant harm is being caused or there is a significant possibility of such harm being caused; or
Significant Pollution of controlled waters is being caused, or there is a significant possibility of pollution to be caused.
What may and may not constitute the various categories of harm is described in Defra’s contaminated land statutory guidance April 2012. Controlled waters include inland freshwater, groundwater and coastal waters (see appendix 2).
Where harm is attributable to radioactivity, there is separate statutory guidance entitled ‘Radioactive Contaminated Land Statutory Guidance”.
The April 2012 statutory guidance states that local authorities must start from the assumption that land does not pose a significant risk of significant harm unless there is a reason to consider otherwise (supported by robust science based evidence). Local authorities must search their Districts for land which has both sensitive receptors and sources of potential contamination. Relevant types of receptor are defined in Tables 1 and 2 of the April 2012 statutory guidance. Where they have good reason to believe these both exist, they must undertake a formal risk assessment in accordance with established scientific principles in order to establish whether there is the potential for them coming together and causing harm or pollution as described. This is known as a pollutant linkage.
The guidance also replaces the former Yes/No classification of assessing contaminated land with a system whereby land is sorted into 4 categories:
This takes into account the fact there will be sites which do not fall into being definitely contaminated or uncontaminated; for example because the evidence is inconclusive or because the state of scientific knowledge is uncertain:
5 Table 1: Four categories following the assessment of potentially contaminated land under Part IIA
Category 1 Sites where there is an unacceptably high probability of a ‘significant risk’ of significant harm or there is a strong and compelling case that there is a ‘significant risk’ of significant water pollution
Sites where there is a strong case such that the risks arising from the land are of sufficient enough concern that the land poses a Category 2 significant possibility of significant harm and therefore the site is capable of being determined as contaminated land
Sites where there is not as strong a case in that the land may be Category 3 contaminated but the legal test for significant possibility of significant harm is not met
Category 4 Sites where there is no risk or the level of risk is low.
Determining land as contaminated land involves a series of complex procedures which must include:
* A formal written record of the determination; * Formal notification of all interested parties; * Determination of the physical extent of the land; * The extent and seriousness of the risks (need for urgent action); * The number and type of pollutant linkages; * The effect each significant pollutant may have on controlled waters (if any); * The most appropriate and cost effective remedial scheme for each significant pollutant linkage; * Identification of liability groups and appropriate persons, for each pollutant linkage; * Assessment of hardship in the case of each appropriate person; and * Effective remediation of the site and recovery of costs where appropriate.
A series of consultations must also be carried out at each stage with the ultimate aim of securing voluntary remediation (without the need for enforcement action). Where the land falls within the definition of a special site, the Environment Agency becomes the enforcing authority. In these cases, however, the local authority must still make the determination and formally notify the interested parties.
The enforcing authority should make reasonable enquiries to determine the “liability group”, who will be the appropriate persons to pay for remediation required due to the existence of the significant pollution linkage. This may be a Class A liability group if they are the person(s) who knowingly caused or permitted the pollution in question, or if a Class A person cannot be found the enforcing authority should identify current owners/occupiers of the affected land, the persons of which will constitute a Class B liability group. If neither any Class A or Class B persons can be found, the pollutant linkage will be treated as an “orphan linkage”.
In certain circumstances the local authority may carry out the remedial works. In general terms it has this power where:
* Urgent action is necessary; * There is no appropriate person (ie, orphan site as discussed above); * The authority is precluded from taking enforcement action;
6 * The authority agrees to carry out the works on behalf of an appropriate person; and * A remediation notice has not been complied with.
In non urgent cases where a remediation notice is necessary and all the required consultations have been completed, the notice must be served on the appropriate person(s) no sooner than three months after the contaminated land has been identified or declared a special site. The notice itself may require further investigation of the site and as a result more pollutant linkages may be identified. Where that is the case the enforcing authority must go through the same processes again to identify appropriate persons and remedial actions.
The enforcing authority must at all times consider reasonableness of the remediation and the potential for hardship and undertake cost benefit analysis in respect of all remedial actions. Where remedial actions are undertaken in default of a notice the enforcing authority has the power to recover costs in certain circumstances.
1.11 LAND UNDER THE OWNERSHIP OF AN ENFORCING AUTHORITY
Where land owned by a local authority is found to be contaminated land, unless the site is designated a special site, there will be no enforcing authority. Local Councils must, however, carry out their duties as though they were the enforcing authority, undertake the same consultations, assessments and seek appropriate remedial works as necessary.
It is important therefore for a formal relationship to be maintained between the Department responsible for enforcement of the new regime and that responsible for Council owned land. All information relating to the identification, assessment and remediation of Council owned land must be fully reported to satisfy the needs for transparency.
1.12 THE NEED FOR TEAM WORKING
In addition to the relationship described in 1.11 above, it is important that relationships are made and maintained with the large number of departments who will have an input into dealing with contaminated land, in particular:
Planning and Regeneration Services - the inspection of the District will identify areas of potentially contaminated land which may be developed, awaiting development, derelict, protected or green belt. This may result in the need to re-examine past development control files or identify development routes for contaminated sites which may subsequently impact on the Local Development Plan. At present, most contaminated land issues are dealt with proactively through the planning regime which requires development sites to be “suitable for use” under local guidance to be issued under the NPPF. The Environmental Protection team work closely with Planning Officers to ensure the redevelopment of land is carried out appropriately.
Building Control - have the duty to enforce protection measures in new build projects to mitigate the impact of contamination on property. Information they hold will be essential to quantify risks.
Legal Services- this is a highly complex piece of legislation which could have significant implications for the Council, land owners and occupiers. Legal advice may be required on many aspects including those relating to enforcement, liability, powers of entry, data protection, access to information etc.
Engineering Authorities - land under highways, pavements, verges and common areas may be contaminated and present a risk to potential receptors. Reference will need to
7 be made of registers maintained by Highways Authorities under Part III of the New Roads and Street Works Act 1991 regarding, amongst other things, streets with “special engineering difficulties”, which includes risks from contamination.
Information Technology Services - significant volumes of data will need to be held both on a data base and geographical information systems (GIS). Support will be required on the use of these systems and data protection.
Regeneration Services, Housing Services, Leisure Services - land in use and controlled by these departments may be contaminated and require remediation.
Finance - this legislation can have significant resource implications for the Council, both as an Enforcing Authority and land owner.
A lead officer from each of these areas of responsibility has been identified to act as the first contact when there are queries concerning contaminated land.
2.0 THE STRATEGY
2.1 CHARACTERISTICS OF THE GRAVESHAM BOROUGH AREA - GEOGRAPHICAL LOCATION AND POPULATION
The Borough of Gravesham is situated in the North west of the county of Kent on the South Bank of the River Thames some 32 km east of London and astride the A2. The borough consists of the urban areas of Gravesend and Northfleet and the parishes of Cobham, Higham, Luddesdown, Meopham, Vigo and Shorne. The population of the borough is 101,700 and is divided into 40,400 households (both figures from 2011 Census).
2.2 CURRENT LAND USE CHARACTERISTICS
Gravesham is both urban and rural in character. Gravesend/Northfleet comprises the main urban area, which includes extensive industrial, commercial and the main residential areas of the borough. A large amount of new development is planned as part of its position within the Thames Gateway. This will include the development of the Swanscombe Penninsula for major mixed use development, predominantly housing. At Gravesend and Northfleet, the emphasis for new development will be on the re-use of redundant and derelict sites.
The extensive rural area lies to the south of the A2 and also to the East of Gravesend. This mainly forms part of the dip slope of the North Downs, rising from the riverside marshes in the north to the crest of the Downs in the south. Much of this rural area is of high agricultural, landscape and/or nature conservation value. Within the rural area, there are a number of villages, some of which are of considerable historic and conservation interest.
The borough has the following land use make-up:
Urban 1,320 hectares (13%) Agricultural 7,050 hectares (70%) Woodland 1,195 hectares (12%) Other 400 hectares (5%)
TOTAL 9,965 hectares
(Source: Gravesham Local Plan Second Review)
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2.3 DETAILS OF COUNCIL OWNERSHIP OF LAND
This information will be provided by colleagues from Regeneration Services and Housing Services and will feed into the strategy so that any land which appears to be contaminated and is in council ownership can be identified and given a high priority rating.
2.4 LOCATION OF PROTECTED ECOSYSTEMS/CONSERVATION AREAS AND HISTORIC/PROTECTED BUILDINGS
The borough contains: 5 Sites of Special Scientific Interest (SSSI) 16 Local Wildlife Sites 23 Building Conservation Areas 305 Listed Buildings and 9 Scheduled Ancient Monuments.
These sites have been plotted onto a GIS (see appendix 2) layer and are used to ascertain whether any of them lie within an area that may be contaminated.
2.5 CURRENT AND PAST INDUSTRIAL HISTORY
2.5.1 The Borough of Gravesham has a lengthy and complex industrial history, with the majority of activity concentrated within the present urban and riverside area to the north of the A2 trunk road. However, a notable exception to this pattern is exhibited by Hoo junction, to the eastern side of the Borough, which represents an outlying concentration of industrial activity within a predominately rural setting. Other small scale industrial activity has been located within both the urban and rural areas of the Borough. These sites are more difficult to identify due to subsequent re-development and changes in land use.
2.5.2 The legacy of this activity is varied. In some instances, the impact has been minimal due to the nature of the processes undertaken. In others, major alterations in landform have taken place, with the resulting excavations being used for landfill purposes, for subsequent industrial occupation, or left largely derelict.
2.5.3 For the purposes of this strategy, three specific geographical areas of major past and current industrial activity have been identified. It should be noted that the subdivisions exclude the Springhead Enterprise Park, Northfleet as this is a relatively modern development built on a ‘green field’ site in the 1980s. As such, the background to the development is well documented. The three geographical areas are:-
Gravesend & Northfleet Riverside
This being the area immediately adjacent to the River Thames and extending westward from Gravesend town centre through Northfleet to the boundary with the Borough of Dartford.
Gravesend Canal Basin
This being the area immediately adjacent to the Gravesend Canal Basin and extending eastwards to Denton Wharf.
9 Hoo Junction
This being the area immediately adjacent to and east of the junction of the London – Kent Coast railway line with the Hundred of Hoo branch line.
More detailed information is given in Appendix 3 of the strategy concerning the industrial history of these areas and this forms the basis of where the search for land that may be contaminated commenced.
2.6 KEY WATER RESOURCE / PROTECTION ISSUES
Groundwater forms part of the natural water cycle that is present within underground strata (aquifers). It is the volume of water stored in the pores and fractures of the strata and vastly exceeds the volumes of fresh surface water. Groundwater has a substantial strategic significance in public water supply. Groundwater is present everywhere beneath our feet, at risk from human activity and is particularly at risk from distributed and diffuse sources of pollution which accumulate over many years.
Much of Gravesham lies on chalk, a major aquifer with highly permeable strata and significant fractures which may have a low capacity for attenuating contamination entering the surface. A significant percentage of the public water supplies of Kent are derived from the groundwater of Chalk and consequently the importance of protecting these resources from pollution is recognised in the nationally established groundwater protection policy. More information on this policy together with aquifers, groundwater vulnerability and watercourses within the Borough of Gravesham can be found in the Medway Local Environment Agency Plan published by the Environment Agency (see appendix 1 for contact details). The north of the borough has a number of major industrial processes which are potential pollutants of the groundwater. These are controlled by the Environment Agency under the Integrated Pollution Control regime which includes the control of pollutants into water. There are also areas of protected groundwater where important abstractions occur (‘source protection zones’). The Environment Agency has provided data on abstractions and discharge consents which will be used to identify sensitive areas in the borough.
Other areas in the borough which are sensitive and therefore important protection sites are as follows: Part of the South Thames Estuary and Marshes Site of Special Scientific Interest (SSSI), also a Special Protection Area (SPA) and Wetland of International Importance under the Ramsar Convention (Ramsar Site) which comprises intertidal mud flats and saltmarsh is located within the borough. Cobham Woods SSSI Great Crabbles Wood SSSI Halling to Trottiscliffe Escarpment SSSI Shorne and Ashenbank Woods SSSI Part of the North Downs Woodland Special Area of Conservation (SAC) is located within the borough Part of the North Downs Area of Outstanding Natural Beauty is located within the borough
2.7 KNOWN INFORMATION ON CONTAMINATION IN THE DISTRICT
Kent County Council have co-ordinated the collection of historical information on closed landfill sites and produced the ‘Kent Landfill Atlas’. A copy of this is kept by Environmental Health Services and used to give environmental information to interested bodies and also to assess planning applications for proposals near to or over closed sites. This information has been entered onto the Council’s Geographical Information
10 System (GIS).
Other information on contamination in the district is limited to ex-industrial/contaminative use sites that have been redeveloped through the planning system and the council has required a site investigation/remediation work to be carried out. The Planning Services Department’s records will be used to provide further details on these sites. These records will also be of use to determine what remediation has been carried out on developed sites identified as being potentially contaminated.
3.0 THE IMPLEMENTATION OF THE GRAVESHAM STRATEGY
3.1 OBJECTIVES AND MILESTONES
The overall aim of the inspection strategy is to identify and suitably deal with all land where a significant pollutant linkage exists; a significant pollutant linkage being a pollutant linkage forming the basis of a determination that an area of land is contaminated land.
To achieve these overall aims the objectives listed in table 2 were been identified.
Table 2: Objectives and milestones
Objective Milestone Year 1. Production and publication of statutory contaminated July 2001 land strategy 2. Set up a Geographical Information System (GIS) and May 2001- September associated digital maps and digital information. 2001 and ongoing 3. From the information held, analyse historical data to October 2001 identify (i) local authority property and (ii) land where human receptors and potential pathways are present that require further investigation (strategic inspection). 4. Any sites identified as priority sites needing urgent As necessary investigation or urgent remediation (see paragraph 3.2) to have necessary work carried out 5. Any land that is identified as needing urgent remediation As necessary or urgent investigation as a priority site for which the council may be the ‘appropriate person’ to have necessary work carried out 6. Carry out detailed inspection via risk assessment on from July 2003 sites identified in box 3 above to identify any plausible pathways in order to determine the extent to which receptors may be exposed to contamination. This work to include identifying whether contamination has already been addressed through past re-development activity 7. Commencement of inspections of particular areas based from August 2005 upon the priorities identified in paragraph 3.0 above i.e. all other land not identified in box 3 of table 1. 8. Analyse historical data to identify all other low risk land from August 2005 where potential pathways are present. 9. Identification and prioritisation of sites contaminated by from August 2006 virtue of radioactivity.
4.0 PROCEDURES
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4.1 INTERNAL MANAGEMENT ARRANGEMENTS FOR INSPECTION AND IDENTIFICATION
The responsibility for the implementation of Part IIA EPA 1990 rests with Regulatory Services. A Scientific Officer (SO) in the Environmental Protection Team is the lead officer on Contaminated Land reporting to a Senior Environmental Health Officer (SEHO), then the Assistant Director (Communities), then the Director (Communities) and then the Chief Executive of Gravesham Borough Council.
The SO will deal with the day to day implementation of the strategy once approved by elected members and the department will undertake the following tasks using delegated powers: Identify contaminated land Liaise with the EA’s Area Contaminated Land Officer with particular reference to pollution of ‘controlled waters’ and ‘special sites’. Appoint independent consultants and specialist contractors. Carry out and arrange site investigations to take place. Oversee the preparation of schedules of work for the remediation of contaminated land. Draft and serve remediation notices subject to consultation with the Legal Services Manager.
4.2 CONSIDERING LOCAL AUTHORITY INTERESTS IN LAND
When council owned land or other areas where the LA may be regarded as the appropriate person is identified, the records will be checked and an investigation carried out to establish whether or not the Council is the ‘appropriate person’. In instances where the Council is satisfied this is the case, the land will be investigated further under the priority framework described in part 3 above.
4.3 INFORMATION COLLECTION
4.3.1 Information collection on the possible presence of contaminants.
The council will attempt to collect the information listed below from the relevant organisation identified.
Historical Maps Digitised maps purchased from Ordnance Survey Historical landuse database Landmark digital information linked with GIS Location of consents to discharge Environment Agency (EA) Consent Register Integrated Pollution Prevention and EA Part A1 Register Control Part A1 prescribed processes Integrated Pollution Prevention and Local Authority Part A2 and Part B Register Control Part A2 prescribed processes and Pollution Prevention and Control Part B prescribed processes Sites subject to waste management EA register and EA archives licensing Records of incidents, spills, Council archives, HSE archives, EA archives accidents, fires etc. and local knowledge Installations covered by Planning HSE and EA register (Hazardous Substances) Act 1990 and the Planning (Hazardous Substances) Regulations 1992 as
12 amended by the Planning (Control of Major Accident Hazards) Regulations 1999. Installations licensed by the HSE register Explosives Act 1875. Sewage works and land used for the EA records. disposal of sewage sludge notified by The Sludge (Use in Agriculture) Regulations 1989. Industrial Premises (past and present) Trade directories, Council Archives, County Archives Location of nuclear installations and EA sites where radioactive substances are regulated by the Environment Agency.
4.3.2 Information on receptors The council will attempt to collect the information listed below from the relevant organisation identified.
Human beings occupying or using:
Residential land with and without gardens Developmental control Allotments records Schools and nurseries Recreational land Commercial/industrial premises
Ecologically sensitive areas:
Sites of special scientific interest (SSSIs) Natural England National / local nature reserves Marine nature reserves Special areas of conservation (SACs) & special protection areas (SPAs) Any candidate special areas of conservation (cSAC) or potential special protection areas (pSPA) Wetlands of international importance under the Ramsar Convention (Ramsar Sites) or pRamsar site Any habitat or site afforded planning policy protection
Property in the form of Buildings:
Scheduled Ancient monuments English Heritage, Council Sites of archaeological significance records
Other forms of property:
All crops including timber Defra Produce grown domestically or on allotments for human consumption Livestock Other owned or domesticated animals Wild game subject to shooting or fishing rights
13 Controlled Waters:
Inland fresh waters (rivers, streams, lakes) Environment Agency and Surface and Ground waters council records for private Source protection Zones water supplies. Water abstraction
4.3.2 Information on ‘actual harm’ or ‘Pollution of Controlled Waters’ The council will attempt to collect the information listed below from the relevant organisation identified.
River catchment plans indicating the location of Environment Agency watercourses and settlements Location of flood defence works. EA and Council archive records Information regarding the quality of bathing waters. EA Surface and groundwater quality data including EA failure of surface water quality objectives (SWQA) and river ecosystem (RE) classifications thought to be due to contaminated land. Groundwater vulnerability maps. British Geological Survey Information on compliance with river quality EA objectives. Records of pollution incidents, spills, accidents and EA, HSE and Council archive fires. records Location of past industrial activities and their impact Council archive records and upon controlled waters. historical maps
4.4 COMPLAINTS AND INFORMATION PROVIDED VOLUNTARILY
A complaint made regarding contaminated land will be dealt with using the same procedure as is currently used by Regulatory Services when dealing with statutory nuisance complaints i.e.
Their complaint will be logged and recorded They will be contacted by an officer regarding their complaint within five working days of the complaint being made. (One day in the case of urgent referrals). They will be kept informed of progress towards the resolution of the problem.
All complainants will be asked to supply their names and addresses. The identity of the complainant will remain confidential. The only circumstances where this information might be made public would be in the case of a remediation notice being appealed in a court of law and an adverse effect on the complainant’s health was an important reason for the original contaminated land designation.
Providing the information provided does not relate to contaminated land that is affecting their own or their families’ health or property then it will not be treated as a complaint. The information will be recorded and acted on as necessary. There will however be no obligation on the council to keep the informant updated about progress in the matter although it may choose to do so as general good practice.
The council does not normally undertake any investigation based on anonymously supplied information and this general policy will be adopted when dealing with contaminated land. However in exceptional circumstance this council does not preclude the investigation of an anonymous complaint.
14 5.0 RISK ASSESSMENT
The identification of contaminated land will be carried out in an ordered, rational and efficient manner based firmly on the principles of risk assessment. Significant and imminent risks to human health will always be given the highest priority.
5.1 Unless all three elements of a pollutant linkage are identified land can not be considered as contaminated land. Prioritisation will therefore be given to areas where both contaminants and receptors are known or likely to exist.
Thus if an area of land is known to be badly affected with potentially dangerous contaminants, it will not be considered to be highest priority if studies confirm there are no specified receptors within the area of influence. If there are receptors evident, the risk assessment process will seek to determine the likelihood of them coming together at any time. If the chances of this are calculated as significant, and the consequences would result in significant harm, or pollution of controlled waters, then a significant pollutant linkage will be said to exist and the land will be declared contaminated land as defined.
5.2 In summary, for contaminated land to exist the following are pre-requisites:
i) One or more contaminant substances; ii) One or more specified receptors; iii) At least one credible pathway between contaminant and receptor; and iv) A significant possibility that the pollutant linkage will result in significant harm to one of the specified receptors or, pollution of controlled waters is being caused or that there is a significant possibility of significant pollution to controlled waters occurring.
5.3 The strategy for identification will therefore be based on a desk top survey of the District to identify areas of land where:
a) Previous uses indicate contamination may exist b) There is no existing pollution control regime in place c) There are known receptors within a determined area of influence which will be specific to each site d) The contamination is dealt with by another regime, but there is evidence of historic contamination that occurred before the site’s current use.
5.4 Once potentially contaminated land sites have been identified they shall, prior to detailed inspection, be listed and categorised according to a preliminary assessment of risk. The method used will be based on that described in DETR Contaminated Land Research Report 6, entitled, ‘Prioritisation & Categorisation Procedure for sites which may be Contaminated’ (CLR 6). A computerised software package will be used to assign sites of potential concern with a numerical risk score. This is to ensure all further investigative work relates directly to seriousness of the potential risk and therefore the most pressing problems are identified and quantified first.
5.5 The prioritised list of sites will be based on scoring the different source, receptor and pathways that are likely to be present together with a suitable weighting factor to prioritise residential areas, groundwater source protection zones, environmentally sensitive sites and council owned property. This will enable sites that pose the highest risk ranking score and therefore the greatest potential significant risk of harm to be investigated first. If at any stage during the preliminary risk assessment, it is considered that no pollutant linkage exists, the investigation will cease. If potential pollutant linkages are identified then further assessment will be undertaken to establish whether or not unacceptable risks are present.
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6.0 OBTAINING FURTHER INFORMATION ON POLLUTANT LINKAGES AND THE RISK ASSESSMENT PROCESS
6.1 EFFECTIVENESS OF PREVIOUS ACTIONS OR OTHER REGIMES IN PREVENTING OR DEALING WITH LAND CONTAMINATION
Taking each site in order of priority, the Council will consider what action has already been taken to address land contamination. The remedial action may have been taken by an existing/former landowner or proactively by the Council or by a third party.
The nature and timing of past redevelopments will be relevant since it will influence the extent to which contamination was understood and addressed. This in turn will enable an appropriate degree of confidence to be assigned to the remedial works that were undertaken. Reference will also be made to the former “Planning Policy Statement 23:Planning and Pollution Control” (PPS23) and in particular “Annex 2: Development on Land Affected by Contamination”, as some sites would have been already assessed in the light of this now withdrawn guidance, and as such will not need to be re-assessed under the new guidance. Any remediation which was required through a planning condition for a development would be dealt with through the planning regime and not through Part IIA. Development sites remediated via the planning regime should be carried out sufficient to prevent the land being determined as Contaminated Land under Part IIA. Having considered all this information the Council will be in a position to determine the extent to which appropriate precautions were taken during an earlier redevelopment scheme.
Enquiries will also be made to determine whether or not any of the following regimes have applied to sites:
Part A1 (IPPC) provisions. Waste Management Licensing. Part A2 and B (LAIPPC and LAPPC) provisions. Water Resources Act 1991 in relation to the prevention of pollution and the remediation of controlled waters. Health and Safety Legislation.
The nature and timing of actions taken will again be relevant since it will influence the extent to which contamination was understood and addressed.
This information will be fed back into the assessment system for a decision to be made as to whether any more intrusive investigation is required for a particular site.
6.2 Where a site has been identified as part of the desktop study described in 5 above, as a site that would pose a significant risk of harm to human health/environment if contaminated and it is likely that this has occurred, then a site walkover and visual inspection will be carried out. A suitable person who would be reasonably expected to identify any visual evidence of contamination that may be present would need to be employed to carry out this function. Subject to the results of this, the Council will make a decision at this stage as to whether further analysis of the site is required.
6.3 INTRUSIVE SAMPLING
There are three instances where further investigation and, or analysis may be required:
(a) The desk study and visual inspection does not provide enough information to allow the Council to make a decision as to whether the site poses an actual
16 risk of harm to human health and environment. (b) The Council has reason to believe that there is a high likelihood of contamination being present which would pose a significant risk of harm to human health and environment. (c) The Council requires further information to assess the site’s suitability for current use or the type of contaminants present.
In all of the above instances, the Council requires further information of an intrusive nature to determine the best course of action.
As in the case of a visual inspection, a ‘suitable person’ will carry out intrusive sampling. Examples of such people would include suitably experienced consultants or professionals. Reports prepared should provide the Council with the information it requires to determine whether the site should be designated as contaminated land, and if so, what remediation is required to make the site suitable for its current or intended use.
7.0 LIAISON AND COMMUNICATION.
Much of the work proposed in this strategy will be collaborative and require effective liaison with other bodies.
7.1 STATUTORY CONSULTEES
Contacts have already been established with officers of all statutory consultees. Statutory consultees for the Contaminated Land Inspection Strategy are:
Environment Agency; Natural England; English Heritage; Defra; Homes and Communities Agency; and Kent County Council.
Each organisation will be invited to comment on the consultation draft of the strategy.
7.2 NON-STATUTORY CONSULTEES
There is great scope for members of the public, parish councils, businesses and voluntary organisations to play an important role in dealing with contaminated land in the District. Efforts will be made in the consultation period and beyond to encourage participation in the process of identifying and investigating contaminated land, recognising the valuable contribution of these sectors.
7.3 COMMUNICATING WITH OWNERS, OCCUPIERS AND OTHER INTERESTED PARTIES
The complex nature of contaminated land issues does not lend themselves to easy explanation to the layperson. Development of effective methods of risk communication is therefore essential.
The Council will treat any concerns raised by a member of the public seriously, recognising the importance of the issue to the individual. In all instances, the Council will
17 recognise and try to overcome the critical barriers to effective risk communication:
Familiarity: increased concern about unfamiliar issues; Control: increased concern if the individual is unable to exert any control over the events; Proximity in Space: increased concern about nearby events; Proximity in Time: increased concern about immediate consequence rather than long term effects; Scale: particularly in terms of media coverage, where one large incident appears much worse than several small incidents; and ‘Dread Factor’: lack of understanding can lead to stress and make further explanation more difficult.
The Part IIA legislation (and subsequent regulations) grant only limited powers to local authorities to deal with materials present in, on or under the ground. Many members of the public believe that any material that is not naturally present in the ground should be removed, especially if it is in the vicinity of their own home. It will be critical to explain this can only be done where this is a risk of significant harm, and it is to be expected that some members of the public will have difficulty accepting this.
7.4 COMMUNICATING THE RISK TO APPROPRIATE AND INTERESTED PERSONS
An Interested Person is any person who can demonstrate that they have an interest in a potentially contaminated land site. A typical list of interested persons for a site would include the owner (current and former), the occupier (current and former), neighbours, mortgage lenders, regulating bodies, statutory bodies (e.g. for a Site of Special Scientific Interest (SSSI) this would be Natural England), and employees.
There are two categories of Appropriate Person, a Class A and a Class B person. A Class A person is any person, organisation or company that has caused or knowingly permitted the contaminant, by which the land could be considered contaminated in, on, or under the land. A Class B person is normally the current owner or occupier. A Class B person will only be responsible for remediation where no Class A person can be found.
The Council will aim to identify all interested and appropriate persons for each significant pollutant linkage. It may do this as a result of; its own gathering of information as part of its strategy; receiving information from another regulatory body, such as the Environment Agency; or receiving information or a complaint from a member of the public, a business or a voluntary organisation.
The inspection and risk assessment stages of the investigation should provide the Council with enough information to allow a decision to be made in relation to a contaminated land designation.
The legislation and statutory guidance has been designed to try to encourage voluntary remediation (without the need for enforcement action). The District Council’s approach to its regulatory duties is to follow this and seek voluntary action before taking enforcement action. This approach will be adopted for issues of land contamination, recognising that in many cases as much or more effective remediation can be achieved by agreement than by enforcement. This will require effective communication with owners, occupiers and other interested and appropriate parties.
18
The form of communication will be dependent upon available resources and budgets. However the communication strategy will be
A two way process; and Transparent and accessible in order to create trust in the Council’s role.
The local authority will not carry out any inspection using statutory powers of entry which takes the form of intrusive investigation in circumstances where detailed information on the condition of the land has already been provided by another interested party and that information is sufficient. Information will be considered to be sufficient if the local authority can determine whether the land is contaminated land on the basis of that information or if a person offers and subsequently does provide such information within a reasonable and specified time.
7.5 TRANS-BOUNDARY POLLUTANT LINKAGES
If it is suspected that a pollutant linkage exists across the administrative boundary of Gravesham Borough Council, the relevant neighbouring authority will be notified within 10 working days. The enforcing authority will be the authority in which the contamination source is located. If Gravesham Borough Council considers that urgent action may be required then the notification shall take place without undue delay. The authorities will work together to mutually agree an action plan identifying each of their roles in determining the status of the land and associated issues. The agreement will be without prejudice to the Statutory Guidance, legislation and legal advice and the Secretary of State will be asked to determine any disputes.
8.0 THE WRITTEN RECORD (RISK SUMMARY) OF DETERMINATION AND FORMAL NOTIFICATION
Where it is found not to be possible for voluntary remediation to take place, formal notification of the area of land as being contaminated will be required. In these circumstances, the Council will prepare a written record (or risk summary) to include:
a) a description of the pollutant linkage(s), including conceptual model; b) a summary of the evidence which confirms the existence of the pollutant linkage(s); c) a summary of the risk assessment(s) upon which the pollutant linkage(s) were considered to be significant; and d) a summary of the way the requirements of the statutory guidance were satisfied.
This risk summary should be understandable to the layperson.
8.1 Following designation of land as contaminated land, the Council will write to all relevant parties explaining in summary the reason for designation and give a final opportunity for appropriate remediation to be carried out without service of a notice.
8.2 Where no positive response is received, the council will formally notify all relevant parties that the land has been declared contaminated by providing a written remediation notice specifying the action required and timescales. NB Should an urgent designation of contaminated land be required these steps will be observed as far as practicable but consultation is not a requirement in this instance.
8.3 At the notification stage it may not be possible to identify all the relevant parties,
19 particularly the appropriate persons. The Council will, however, act on the best information available to it at this time and keep the situation continually under review as more information comes to light.
8.4 LAND WHICH MAY BE A SPECIAL SITE
Where the Council is aware that land which it intends to determine as contaminated land would be designated a special site, it shall give notice to relevant parties, including the Environment Agency. The decision for the site to be designated a special site will take effect the day following the 21 days after the service of the notice to the Environment Agency or before this time if the Environment Agency agrees with the decision. Relevant persons will be informed of the decision including land owners, occupiers or other appropriate persons. If the Environment Agency does not agree with the decision it will notify the Council and the Secretary of State within the 21 days with a comprehensive statement explaining its reasons. If the council do not agree with the EA they will then refer the decision to the Secretary of State.
Where the Environment Agency (or their agents) wishes to carry out formal investigation on behalf of the Council, their nominated officer will need to be authorised by the Local Authority in order to exercise their powers of entry under section 108 of the Environment Act 1995. The Environment Agency does not have the power under Part IIA to investigate land which may be contaminated land without the authorisation of the Council. The responsibility for securing remediation will then pass to the Environment Agency, though the Council must complete the formal notification process i.e. the site inspection confirms the site as contaminated land and that it fits the criteria for special sites.
8.5 APPORTIONING LIABILITY BETWEEN GROUPS
When determining liability, the Council will apply the exclusion tests set out in the statutory guidance for each significant pollutant linkage. These tests will then decide which of the identified potential appropriate persons are liable for the remediation of a particular significant pollutant linkage.
8.6 CONTENTS OF FORMAL CONTAMINATED LAND REGISTERS
The only information required to be stored on a formal register is that relating to regulatory action and remediation. The contents are specified at length in schedule 3 of the Contaminated Land (England) Regulations 2006. This formal contaminated land register will be maintained within the Regulatory Services Department at the Civic Offices, Windmill Street, Gravesend.
9.0 REVIEW MECHANISMS
Whilst the Council has a duty to inspect the District, ‘from time to time’, to identify contaminated land, the frequency of inspection is not prescribed. In practice inspection will balance a systematic approach with the availability of resources. The Council will undertake a periodic review of this inspection strategy to ensure that any assumptions used during the assessment of individual sites are robust and reflect current best practice.
9.1 A review of assumptions made and information held on individual sites will normally undertaken at least annually however there will be situations which will trigger re- assessment including:
Change of use of surrounding land (introduction of new receptors);
20 The potential for pollutant linkages to become significant or urgent as a result of unplanned events (e.g. flooding, subsidence, spillages etc), or a change in circumstances; Identification of a localised effect which could be associated with the land; and Responding to new information.
While these occurrences may trigger non-routine inspections, if this strategy is to prove effective, they must not be allowed to significantly interfere with the milestones laid down in the general inspection framework. It will be important to consider this issue in all strategy reviews.
10.0 INFORMATION MANAGEMENT
The Council will manage and hold all information it gathers in line with the Access to Environmental Information Regulations (as amended) 1992 and the Freedom of Information Act 2000. Any requests for information about sites not designated as contaminated land should be made in line with these regulations. Additional information, not held on the contaminated land register in relation to a designated site will also be provided under these regulations.
10.1 All information will be held in a structured way to enable the council to carry out its duties in an efficient and effective manner. The council’s Geographical Information System (GIS) will be the main tool used to manage contaminated land information. This system will be used to correlate all information and determine the proximity of potential receptors to sources of contamination. The GIS layers on which the contaminated land data is held will be securely monitored and stored. Access to this layer will be restricted to the Environmental Protection Team and other designated authorised personnel. Within these groups some users will have the ability to modify the information whilst others will be restricted to viewing/copying only. Specific cases requiring access to these layers will be reviewed on merit.
10.2 The Council’s information technology services department will manage all aspects of file storage, including data backup and protection.
10.3 The Environment Agency is required to prepare an Annual Report for the Secretary of State on the state of contaminated land in England and Wales. This report will include:
A summary of local authority inspection strategies, including progress against the strategy and its effectiveness; The amount of contaminated land and the nature of the contamination; and Measures taken to remediate land.
As local authorities are the lead regulators on contaminated land, with the Environment Agency regulating only some categories of sites, the national survey will clearly be reliant on information provided by local authorities. A memorandum of understanding has been drawn up between the Environment Agency and the Local Government Association that describes how information will be exchanged between the local authority and the Environment Agency. The Council will therefore provide information to the Environment Agency following the guidelines agreed through this national forum. The local authority must also provide information to the Environment Agency whenever a site is designated as contaminated land and whenever a remediation notice, statement or declaration is issued or agreed. The Environment Agency is to provide standard forms allowing this information to be provided in a consistent format and the Council will adopt these to fulfil its reporting requirements.
21 APPENDIX 1: DETAILS OF STATUTORY CONSULTEES AND RELEVANT CONTACTS
Gravesham Borough Council: Mr A Jordan Also: Scientific Officer Mr A Glasson Gravesham Borough Council Senior Environmental Health Civic Centre Officer Gravesend (same address) Kent DA12 1AU
Environment Agency: Natural England: Mr L Hamer Sean Hanna Area Contaminated Land Officer Kent & Regional Office Environment Agency Natural England Orchard House Countryside Management Centre Endeavour Park Coldharbour Farm London Road Wye Addington Kent West Malling TN25 5DB Kent ME19 5SH
English Heritage: Homes and Communities Peter Kendall Agency English Heritage Richard Boyle South East Region East and South East Cambridge Eastgate Court Office 195-205 High Street Block 2 Suite 3 Guildford GU1 3EH Westbrook Centre Milton Road Cambridge CB4 1YG
Kent County Council: Department for Environment, Mr Paul Cuming Food and Rural Affairs (Defra): SMR Manager Contaminated Land Branch Kent County Council DEFRA Room 1H2 Invicta House 7/D10 Ashdown House County Hall 123 Victoria Street Maidstone London Kent ME14 1XX SW1E 6DE
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APPENDIX 2 - GLOSSARY OF TERMS
This Glossary provides an interpretation of terms taken from the DETR Circular 01/2006 which it is hoped will help those reading who do not have a detailed knowledge of contaminated land issues.
Appropriate person: A person who is determined, in accordance with section 78F of the Environmental Protection Act 1990, to bear responsibility for anything which is to be done by way of remediation in any particular case. AONB: Area of Outstanding Natural Beauty Brownfield site: A site that has been generally abandoned or underused where redevelopment is complicated by actual or perceived environmental contamination. Only a small proportion of brownfield sites will meet the definition of contaminated land. ConSEPT: Contaminated Site Evaluation and Prioritisation Tool – software developed to assess the risk from contamination in relation to the previous land use for a given piece of land and ranks them according to their environmental risk potential. CLEA UK: Contaminated Land Exposure Assessment UK, a methodology for carrying out a risk assessment for evaluating the risk to human health on a given site 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 Controlled waters These include: a) inland waters (river, streams, underground streams, canals, lakes and reservoirs) b) groundwater’s (except that "ground waters" does not include waters contained in underground strata but above the saturation zone) c) territorial waters (the sea within three miles of a baseline) d) coastal waters (the sea within the baseline up to the line of highest tide, and tidal waters up to the fresh water limit. Drinking water abstraction: The taking of water from a source (in this case, primarily an underground source) for drinking water. Eco-system: A biological system of interacting organisms and their physical environment. GIS: Geographical Information System. A set of software tools for the analysis and visualisation of spatial data. Harm: Harm to the health of living organisms or other interference with the ecological systems of which they form a part and, in the case of man, includes harm to his/her property.
23 Liability Group: The persons who are appropriate persons with respect to a particular significant pollutant linkage. Pathway: One or more routes by which a receptor can be exposed to a contaminant. Pollutant linkage: The relationship between a contaminant, a pathway and a receptor RAMSAR site: A site protected under an international convention on protection of wetlands of international importance, especially as habitats for waterfowl, named after the city in Iran where the convention was signed. Receptor: Either a) a living organism, a group of living organisms, an ecological system or a piece of property which is in a category listed in table A in chapter A of DETR Circular 02/2000 as a type of receptor and is being, or could be, harmed by a contaminant or b) controlled waters that are being, or could be, polluted by a contaminant. Remediation: Generally accepted as being the carrying out of works to prevent or minimise effects of contamination. In the case of this legislation the term also encompasses assessment of the condition of land, and subsequent monitoring of the land Remediation notice: Defined in section 78E(1) of the Environmental Protection Act 1990 as a notice specifying what an appropriate person is to do by way of remediation and the period within which he is required to do the things so specified. Source protection zone: Protection zones around certain sources of groundwater used for public water supply. Within these zones, certain activities and processes are prohibited or restricted. Special site: Any contaminated land designated due to the presence of: Waste acid tar lagoons Oil refining Used to manufacture or process explosives; Used to manufacture or dispose of atomic, chemical or biological weapons (non biological contamination only); Explosives Integrated pollution prevention and control sites Nuclear sites Pollution of controlled waters Owned or occupied by a defence organisation for naval, military or air force purposes (not off base housing / NAFFI) and is therefore under the regulation of the Environment Agency.
24 APPENDIX 3 – GRAVESHAM’S PAST AND CURRENT INDUSTRIAL HISTORY
GRAVESEND & NORTHFLEET RIVERSIDE
Historically, the significance of this area for industrial development has depended upon geology and location. Within the context of the main urban areas of both Gravesend and Northfleet, the underlying chalk strata comes close to the surface immediately adjacent to the River Thames. From very early times this resource was extracted for use in lime burning, construction and for the ballasting of ships.
It was maritime trade and the River Thames that fuelled the medieval and post medieval economy of this part of Kent Thames-side. Gravesend was the gateway to London for all seaborne trade and this strategic role shaped the way in which the area developed. With trade being the most significant economic sector, aside from the agricultural activity which dominated the rural hinterland, industrial activity during this period was limited in scale and impact.
Given this maritime background, it is not surprising that shipbuilding and ship repair played a role within the local economy. Much of this was small scale and occurred more as a foreshore activity rather than a major industrial process in its own right. However, by the end of the 18th century larger scale ship building enterprises emerged. These included Cleverly’s Yard, which was located on the riverside to the west of Gravesend town centre and utilised to construct both Naval and East India Company ships of over a 1,000 tons, and Bauckham’ s Yard, which lay a little to the east of the above, and was used to construct smaller vessels up until the 1850s. The most significant of all the local shipyards was Pitcher’s Yard, which occupied a substantial site on the Northfleet riverside to the east of Granby Road and remained in operation from 1788 to 1860. This was by far the largest of the local ship building enterprises, having a substantial dry dock and other facilities within the yard. At its peak, during the Crimean War, the yard employed around 2,000 people.
However, setting aside these forms of activity, in terms of overall environmental impact, it was the establishment of the cement industry on Thames-side which can be identified as the single most important event in determining the future development of the Gravesend and Northfleet Riverside area.
Initially, the cement industry was relatively small scale and the basis of the technology was not such that extensive land take was required. James Parker, the originator of this nascent cement industry, had established premises in the Grove Road area of Northfleet for the manufacture of building products in the 1780s. However, in 1796 he was to patent a process for the manufacture of ‘Roman Cement’, which involved the calcinating and grinding of naturally occurring ‘cement stones’ found on the shores of the Isle of Sheppey. Even by the early 19th century the scale of the industry was still relatively small. The works, which had been sold to Samuel Wyatt in 1797-8, still only employed 12 men, producing 700 bushels of cement from 33 tons of stone by 1810.
A range of factors, including increased demand, patent restrictions and scarcity of the resources required to manufacture ‘Roman Cement’, led competitors to experiment with ways of producing artificial cement products. Amongst these was Frost’s ‘British Cement’, manufactured at Swanscombe from the mid-1820s and ultimately ‘Portland Cement’, first manufactured by Robins, Aspdin & Co at the former Parker and Wyatt works from the mid 1840s. Effectively, the discovery of Portland Cement was to represent the birth of the modern cement industry and it was this which was to have such a dramatic impact on both the economy and environment of this part of Kent Thames-side. By way of comparison with the early industry, in 1898 there were 1,000 cement kilns on the Thames and Medway producing 25,000 tons of cement clinker per week.
25
26 The emergence of the modern cement industry was not based initially upon a single major manufacturer but rather individual firms of varying scale exploiting chalk reserves in the most convenient and accessible locations. However, by 1900 a large number of individual local firms combined to form the Associated Portland Cement Manufacturers Ltd (APCM), with the majority of the remainder falling under the same umbrella with the formation of a wholly owned subsidiary, the British Portland Cement Manufacturers Ltd (BPCM) in 1911.
The cement industry continued the exploitation of chalk reserves which had begun, and still continued within some riverside areas, with lime working. However, it was the scale of the industry and the extent of quarrying which set it apart from the earlier experience. The areas of chalk which were originally excavated were those nearest to the cement works themselves, located close to the River Thames where clay and coal could be unloaded and cement products despatched. Effectively, during the latter part of the 19th century, cement works and lime works occupied most of the important locations on the river front from the current site of the Britannia Lead Works at Lower Road, Northfleet through to Gravesend Town Centre.
Notable exceptions to this were the site of Pitcher’s Northfleet Dockyard mentioned above (although the chalk reserves to the south of this were exploited); the sites of Crete Hall and Rosherville Pleasure Gardens at Northfleet (which occupied the bottom of former lime quarries from the 1830s to the 1930s); and the immediate river frontage west of Gravesend town centre, which had been laid out as Clifton Marine Parade in the 1790s as part of the development of Gravesend as a sea bathing resort. However, even in the latter instance, the chalk reserves to the south had been worked from a very early time, resulting in the diversion of the main road into Gravesend from its original route to that formed in 1801 by the construction of New Road and The Overcliffe under the Turnpike Acts.
The continued expansion and rationalisation of the cement industry led to additional chalk reserves being exploited away from the immediate river frontage and the release of the sites of some of the former works to alternative uses.
In terms of the geographical spread of quarrying, reserves were exploited to the south of the A226 in both Gravesend and Northfleet from the late 19th century onwards. With many of these dug by hand, the result has been a legacy of a number of sheer sided pits closely juxtaposed to urban development. Whilst many of these pits remain, others have in the past been used for the disposal of both commercial and domestic waste.
The re-use of the former cement works and quarry sites adjacent to the river frontage has taken a variety of forms and the history of each is very much site specific. However, it is possible to provide a general overview of the development of specific areas.
Commencing at the western end of the river frontage within the Borough, the area around the Britannia Lead Works was formerly occupied by a number of small cement works (Britannia, Tower and Onward works) and the Northfleet Deep Water Wharf. Much of the river frontage in this area is reclaimed marshland. The area is currently occupied by a maritime sand and gravel plant, the Britannia Lead Works, Tower Wharf, a petroleum storage facility and part of the Northfleet Industrial Estate.
27 Further to the east, adjacent to Grove Road is the area known as Northfleet Creek, where the River Ebbsfleet (now partly culverted) emerges into the River Thames. This was the site of the early cement works, noted above, founded by Thomas Wyatt in the 1790s and where Portland Cement was developed by Aspdin in the 1840s. One of the original bottle kilns used for the manufacture of Portland Cement is preserved on site as a Scheduled Ancient Monument. It is believed that the area around Stonebridge Road, south of the works, was excavated for clay and later backfilled. Much of the land immediately adjacent to The Creek and the waterfront is also likely to be made ground. The final phase of the cement works occurred with the formation of the APCM Ltd in 1900 and the factory, by then known as Robins Works, was closed. Since that time the area has been employed for a variety of industrial and commercial uses, inclusive of small scale engineering works, metal fabrication, an asphalt plant and storage. The Ebbsfleet Industrial Estate occupies a small area to the south side of Stonebridge Road. This land would have originally formed part of the flood plain of the River Ebbsfleet prior to its culverting.
Moving once again to the east, the area between College Road and Granby Road was also occupied by cement works, the most notable of these being constructed originally by the firm of Knight, Bevan and Sturge in 1853. This was modernised in 1905, when its 89 bottle kilns were replaced by rotary kilns, and fully rebuilt once again in 1925-26. The current Northfleet Cement Works, which occupies a site some way to the east of the original Bevan’s Works, represents the 4th phase of factory reconstruction. Other land uses also occurred within this part of the riverside and its immediate hinterland. These included brickmaking in the area immediately to the rear of the former Factory Club in Northfleet High Street, riverside wharfage, and the production of town gas. Most of this industrial area has now been subsumed within the Northfleet Cement Works complex.
The riverside area immediately to the east of Granby Road was occupied from the late 18th century by the site of Pitcher’s Northfleet Dockyard. Whilst this closed in the 1860s, attempts to develop a docks complex proved abortive. Apart from a short period of occupation by the Northfleet Engineering Works in the 1890s for the manufacturing of bicycles and attempts to build concrete hulled boats during the First World War, the site was only finally re-developed in 1925 with the erection of the Bowater Thames Paper Mills. The main buildings in this complex remain, although now only used for storage purposes. The riverside wharf remains in use.
To the south of this site lies a former chalk quarry, which is bounded by The Hill at Northfleet to the west and the A226 London Road to the south. Part of this area was formerly occupied by a large brickworks in the 19th century but is now the site of the Kimberly Clark Tissue Mill.
That part of the river frontage immediately east of the former Northfleet Dockyard/Bowater Thames site was occupied from the 1950s until the early 1990s by Northfleet Power Station. This has since been demolished and the site used for open storage in association with the riverside wharf. The previous history of the site includes some ship repairing/boatbuilding to the western part of the site and cement manufacture to the east (Red Lion Works). To the south of the site, across Crete Hall Road, the former quarry was used for the storage of coal associated with the power station. Flue ash resulting from the burning of the coal at the power station was deposited in the quarry to the south of the A226 London Road and removed for the construction of light aggregate building blocks.
28 Eastward of the site of the former Northfleet Power Station lies the AEI Cable Works. This occupies the site of Crete Hall and its surrounding parkland to the north of Crete Hall Road, together with the former lime quarry south of Crete Hall Road which, up until the 1930s, had been occupied by the Rosherville Pleasure Gardens. The primary use of the AEI works from 1903 onwards has been the manufacture of electrical and telegraph cables. However, for a period both during and after the First World War, part of the factory was used for the manufacture of pneumatic tyres.
The urban area of Rosherville, extending from the A226 London Road to the River Thames, divides the above industrial area from that further to the east and which was occupied from 1900 through to the 1980s by the Imperial Paper Mills. The early industrial history of the site revolves around the quarrying of chalk for lime making. Rope was manufactured at a ‘rope walk’ on a site adjacent to Clifton Marine Parade. The area was re-developed in the 1980s as an Enterprise Park and now contains a mixture of industrial, warehouse, retail and leisure uses. The former Gravesend West Street railway line crossed the south eastern corner of the site but the embankment was removed upon construction of the Asda supermarket.
GRAVESEND CANAL BASIN
Gravesend Canal Basin is located to the east of Gravesend town centre, immediately adjacent to the River Thames. It has a very different character and history from the Gravesend and Northfleet riverside area described above. The latter had its origins in the early exploitation of chalk reserves close to the River Thames and the subsequent re-use of these sites. In the case of the Gravesend Canal Basin, which lies on the edge of the town within a low lying marshland environment, the stimulus was the construction of the Thames and Medway Canal in the early 19th century.
This had originally been promoted as a means of avoiding the need to travel round the Hoo Peninsular when travelling by boat from the Thames to the Medway – an important consideration in terms of the safety of vessels needing to gain access to the Naval Dockyards on the Medway during the Napoleonic Wars and a considerable saving in journey time. However, due to difficulties in construction etc., the canal was only opened as a commercial venture in the early 1820s and was not a success.
In 1843, part of the tunnel linking Higham to Strood was converted to allow the passage of railway trains and a line was opened between Strood and Gravesend Canal Basin – the station being located close to the canal lock gates. In 1845, the undertaking was absorbed by the North Kent Railway, with the line being diverted southwards from Mark Lane towards London via Gravesend Central Station in 1849. At this stage, the canal was terminated at Higham, with the tunnel being converted for rail use only. The canal itself remained navigable from Gravesend to Higham until the late 1930’s when it fell into commercial disuse. The line of the canal from the Canal Basin to Mark Lane in the east was infilled in the 1970s.
Much of the land surrounding the Canal Basin and to the east is ground reclaimed from the marshes. There appears to have been little development within the area up until the construction of the canal itself, save a defensive bastion erected in the 16th century by Henry VIII as part of the defences of the River Thames. The location of this bastion is known to be to the western end of the existing Canal Basin and is marked on site. All that land to the north of Albion Parade, to the north of the Canal Basin, is made ground. It is clear from historic maps of the area that Albion Parade was the original alignment of the river frontage, with initial phases of development occurring on sites to the south of this line.
29 Early development around the Canal Basin was mixed in nature but largely reliant on the riverside location of the area and waterborne commerce. The Albion Baths were located on the south side of Albion Parade, these operating between the 1840s and 1880s as part of the resort function of the town. However, the Canal Basin itself was extended in 1844 to accommodate more craft and exploit the fact that the site lay outside the Port of London area where coal tax was payable. The town’s gas works moved from Bath Street to this location in the 1840s, it being located south of the canal lock on the site of the Gravesend’s first railway station. This area is currently used for open storage, with modern gasometers to the southern part of the site. West of this, to the rear residential properties in Suffolk Road, an electrical generating station was erected in the early 20th century. The buildings associated with this have been demolished, the land remediated through the planning process, and developed for residential use.
The area to the north and east of the Canal Basin became increasingly industrial in character throughout the 19th and 20th centuries, with sites being used for soap manufacture, flour milling, oil storage, engineering and metal fabrication, ship repairing, and timber storage/processing. Engineering and metal fabrication, together with storage of salvaged motor vehicles and motor products, and ship repairing (mainly at Denton Slipways) feature as current land uses.
To the south of the Canal basin was a large laboratory building erected in the 1970s and occupied by the Central Electrical Generating Board/Nuclear Electric for research and development purposes. The building has been converted flats for residential occupation. To the south of this site, over Canal Road, lie sites previously occupied by Alcan Chemicals and Alpha Plant Hire. The former was used for the manufacture of aluminium sulphate for water processing. Another previous use of this site was for the storage and processing of timber products. The Alpha Plant Hire yard was formerly occupied by Southern Water as a maintenance depot. Prior to these uses, the area appears to have been a ‘greenfield’ site. The buildings have been demolished and site has been remediated through the planning process and developed for residential use.
To the east of the immediate Canal Basin area, both on the river frontage and along Norfolk Road, lie more recent industrial developments. The Canal Road and Norfolk Road Industrial Estates are comprised of small industrial units, some with larger areas of open air storage. These units have been occupied for a variety of uses including engineering processing, electrical contracting, hydraulic engineering, building contracting, building material storage, and HGV/PSV vehicle operation and repair.
To the north of the Norfolk Road Industrial Estate, following the alignment of the infilled Thames and Medway Canal, lies an area used in the past for the storage of timber. This is now used primarily for general open storage purposes and is accessed from Wharf Road. One large timber storage building has been renovated and is now used for the storage of computer related products, such as printer paper etc., although the main open area remains in use for general open storage.
Immediately adjacent to the River Thames, to the east of Denton Slipways, lies a mixed industrial area. The uses here generally relate to engineering and metal fabrication, although there are considerable areas of open storage. In the immediate vicinity of Mark Lane, at its junction with Wharf Road, there are a number of sites used for metal salvage and waste transfer and transport related purposes. Smaller units in Mark Lane specialise in motor vehicle repairs.
30 East of Mark Lane lies the area associated with Denton Wharf. This is currently in the ownership of the Port of London Authority and is also used by its subsidiary, Thames Tideway Properties. The main warehouses here are used for general storage or for the operational requirements of the Port of London Authority in relation to the maintenance of navigational aids on the River Thames.
To the east of the Denton Wharf complex lies the City of London Port Health Authority compound, which is now partially used for the open storage of caravans; a small riverside factory unit formerly occupied by an engineering company; and a ballast plant. Beyond this site lies the former Gravesend Sea School complex, currently being converted by the Metropolitan Police as a public order training facility.
To the south of the line of the Thames and Medway Canal and the main line railway, lie the Denton sewage plant and Comma Oil Works. The latter site is employed in the manufacture and re-processing of oil based products.
HOO JUNCTION
Hoo junction is set within the Green Belt, some 2 km east of the main urban area of Gravesend. The surrounding country is predominately rural and of a marshland character. It represents an isolated area of industrial activity, located at the junction of the railway between Gravesend and Higham with the Hundred of Hoo line, south of a bend in the Thames and Medway Canal. The canal has been partially infilled at this point, utilising waste materials which have arisen from activities on site.
Four distinct areas of activity can be identified, these being Hoo junction proper; the Nuralite site; the Viking Industrial Estate site; and the Beckley Hill Works site. Whilst all lie within the same geographical area, they are distinguished by differing histories and past uses.
Hoo junction proper is an area of railway operational land, used as a sidings and in association with repair and refurbishment of the permanent way. This has points of vehicular access from both Queens Farm Road, Shorne and Canal Road, Higham. The Nuralite site is accessed from Canal Road, Higham only and was originally constructed in the early 20th century for the manufacture of asbestos based products. The site is now used for a variety of general industrial processes and for storage purposes.
The Viking Industrial Estate site lies immediately to the south of the main line railway and Hoo Junction site proper and is accessed from Queens Farm Road. The site itself dates from the pre-war period and was originally used for the manufacture of concrete products, utilising sand and ballast reserves exploited in the immediate locality. From the 1970s onwards, the site was used as a plant hire yard and for the storage and refurbishment of portable buildings. It is now sub-divided, with individual buildings used mainly for general industrial purposes.
The Beckley Hill Works is a small industrial estate, located to the north-east of the Nuralite Works, on the opposite side of Canal Road, Higham. This also appears to date from the immediate pre-war period and was originally used for the manufacture of aircraft components. However, it is now used for general industrial uses, such as metal fabrication, and storage purposes.
31 OTHER INDUSTRIAL SITES
There are a number of other smaller industrial sites lying within the Borough of Gravesham both within the urban and rural areas. It is obviously not possible to list them all within this general overview. However, there are a number of sites within the Gravesend town centre area which should be noted. Existing industrial sites include:-
Industrial/commercial premises to west side of Stuart Road
The majority of these premises are 19th century in origin and have either been used for general industrial or storage purposes. Some sites are currently used for the storage and distribution of building materials, with the former Gravesend West Street station having been demolished and the site used for the erection of a DIY warehouse. West Street Pier and a site immediately adjacent are used for the construction and repair of river craft.
Bentley Street/Harmer Street area
There are a number of small scale industrial uses located within East Crescent Road, to the rear of the eastern side of Harmer Street. The area was original in residential use and known as Cottage Place. However, the majority of the original buildings were demolished many years ago and small workshops erected. The uses here mainly relate to vehicle repair or light metal fabrication. The local newspaper (Gravesend Reporter) has been based here for many years and part of the premises in Harmer Street extends into East Crescent Road. There are further small industrial premises to the north of Milton Road, including the Bentley Street Industrial Estate, which are used for a variety of purposes.
Milton Road Industrial Estate
This again is comprised of a number of small industrial units lying to the south side of Milton Road and north of the main railway line. The area would once have comprised the gardens to residential properties fronting Milton Road. However, the area was re-developed to commercial uses by the Co-Op in the inter-war period. The units here appear to be in a variety of light industrial and storage uses.
SITES WHICH WERE PREVIOUSLY IN INDUSTRIAL USE BUT ARE NOW EITHER IN AN INTERIM USE OR USED FOR PUBLIC PURPOSES
West Street car park area
Following the final demolition of the older residential uses in the 1920s, this area was occupied by a range of small general industrial workshops.
Horn Yard/Market Square car park area
The Horn Yard area has been historically associated with small scale industrial activity and metalworking. Some of this area was occupied by small industrial units prior to their final demolition. The Market Square area was also occupied by small industrial/commercial concerns and later Council yards.
St. Andrews Gardens area
This area was not originally an open space but consisted of ranges of buildings in commercial use – including Woods Brewery.
32 Elizabeth Gardens
This small open space to the north of West Street was formerly the site of the New Falcon Hotel. However, in later years this building was used as a commercial laundry before being demolished and the area opened as a riverside garden.
West side of Bath Street, adjacent to Clifton Road
Although this site has been subject to subsequent re-development, this was the site of the town’s original gasworks prior to its relocation to the Canal Basin in the 1840s.
The review of Gravesham’s current and past industrial history provided above is not an exhaustive survey of all sites which have been used for industrial purposes within the Borough of Gravesham and it should be remembered that a detailed desktop study will be undertaken to evaluate the potential for contamination on any particular site. As well as the use of GIS, a wide range of source materials are available both in the Gravesend Central Reference Library (including Ordnance Survey plans; sales particulars; street directories and other local history sources) and at the Centre for Kentish Studies, Maidstone (Tithe maps and apportionments; estate maps; Ordnance Survey plans and other documentation) to assist in this task.
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