Environmental Protection Unit
Contaminated Land Inspection Strategy London Borough of Hillingdon Contaminated Land Inspection Strategy, 2001
Executive Summary
Part IIA of the Environmental Protection Act 1990 provided a new statutory regime for the identification and control of contaminated land. Local Authorities have a duty to produce a written inspection strategy for the identification of contaminated land within their area. Following the consultation on the draft inspection strategy revisions have been made to create this strategy document to be adopted by the Council as of July 2001.
The presence of a contaminant on land does not always mean that the land will be identified as contaminated land within the Council’s inspection strategy. For a piece of land to be identified as ‘contaminated land’ all of the following elements have to be identified: Source: a contaminant, which is in, on, or under the land that has the potential to cause significant harm to a receptor; Receptor: a target for the contaminant, these include living organisms, controlled waters, ecosystems, and property; and Pathway: one or more routes by which a receptor can become exposed to a contaminant. The main purpose of this inspection strategy document is to outline how the Council will identify areas of the Borough where both receptors and contaminants are present and determine the likelihood of significant harm or the pollution of controlled waters being caused via a particular pathway.
The Environmental Protection Unit (EPU) will be responsible for implementing the Council’s contaminated land inspection strategy and to carry out its contaminated land enforcement duties. The Council will work in partnership with external agencies and other interested parties, whenever possible, in dealing with the issue of identification and remediation of contaminated land. A corporate approach will be taken in dealing with remediation and regeneration of contaminated land to ensure that objectives on sustainability are met. The first step towards this was the consultation on the draft inspection strategy document.
The land within the London Borough of Hillingdon has a great diversification of use, from agriculture to aviation. There are large residential areas, recreational areas, areas of surface and groundwater, a number of important nature sites, good quality agricultural land, ancient monuments, listed buildings, and educational and commercial areas within the Borough that are ‘receptors’ and need to be protected. The Council’s priorities in relation to contaminated land are listed below in priority order.
The Council’s Priorities for dealing with Contaminated Land:
1. To protect human health 2. To protect controlled waters 3. To protect designated ecosystems 4. To prevent damage to property 5. To prevent any further contamination of land 6. To encourage voluntary remediation 7. To encourage re-use of brownfield land
As part of the inspection strategy, data is being gathered on receptors and potential contamination sources from internal records and external bodies. All of the information gathered is being evaluated and stored by a computer mapping system, known as Geographical Information System (GIS). The information will be assessed to find out where
i London Borough of Hillingdon Contaminated Land Inspection Strategy, 2001 contaminated land might exist in the Borough and determine the risks, using Agency and Government guidance. For detailed risk assessment work specialist environmental consultants will be used. The GIS database will eventually record all contaminated land information in the Borough.
Within its statutory duties the Council must identify contaminated land that may be a special site for which the Environment Agency is the enforcing authority and provide regular information to the Agency for their national report on contaminated land. The Agency has statutory duties to provide the Council with guidance to assist the Council in it’s contaminated land duties. Therefore, a close co-operation between the Council and the Agency is proposed in this strategy document. The general steps involved in carrying out inspection strategy discussed in this document are summarised below.
General Steps of the Contaminated Land Inspection Strategy:
1. To identify areas of land within the Borough that may be contaminated by reviewing historical land use, carrying out site investigations, risk assessments etc.; 2. To formally designate contaminated land and special sites (where the Environment Agency is the enforcing authority); 3. To bring about the remediation of land so that it is “suitable for use” through voluntary remediation wherever possible, and by serving remediation notices; 4. To maintain a public register containing contaminated land information; 5. To review the possibly contaminated/previously investigated areas and the inspection strategy from time to time in light of new information; and 6. To provide the Environment Agency with local land contamination information.
The Council is proposing a rolling inspection programme for the identification of contaminated land over a five year period, commencing in July 2001, looking at urgent sites, Council owned land and controlled waters. The Borough has also been split into 4 areas to be systematically inspected over a four year period, starting in January 2002. The time estimates will be reviewed dependent upon the amount of contaminated land found in the Borough.
The inspection programme will be implemented in a rational, ordered and efficient manner. Transparency in the implementation of the strategy will be achieved by publishing the strategy document, keeping a public register and providing information on request subject to the Environmental Information Regulations (1992).
The Council has a duty to use the Part IIA legislation to secure the remediation of contaminated land. The Government’s intention is that any remediation required under Part IIA ensures that the land is ‘suitable for use’. Therefore the Council must ensure that the circumstances of any land are such that, in its current use (as defined in the guidance) it is no longer contaminated land, and the effects of any significant harm or pollution of controlled waters are remedied. It is always open to the person responsible for the contamination (appropriate person) to carry out remediation on a broader basis for redevelopment.
Hillingdon has historically had a number of contaminative land uses including a diverse range of industries, mineral extraction and waste disposal by landfilling. A number of sites have been successfully remediated and redeveloped in the Borough in the last 25 years. It is the aim of the strategy to continue in a similar manner by encouraging the voluntary remediation, redevelopment and regeneration of contaminated sites to make the Borough environment “clean, healthy, stimulating and sustainable” for the people of Hillingdon.
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Acknowledgements
Thank you to all the people both within the Council and externally, who provided advice, information and consultation responses to help the Environmental Protection Unit write this strategy.
Thanks are due to Alistair Norton and Nicky Ingrey of the North-east Thames Branch of the Environment Agency, and Richard Wood and the other members of the West London Contaminated Land Group for their support during the drafting of the strategy.
Special thanks to Library Services, Planning Services and Corporate IT/Map Research for providing information and technical support during the drafting of the strategy. In particular, Carolynne Cotton, Gwyn Jones, Jayn Newman, Mike Gill, Mike Kraus, Andrew Scate and Fung Yee Cheung.
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Table of Contents
Executive Summary i Acknowledgements iii Table of Contents iv List of Figures vi List of Boxes vi List of Maps vi
Chapter 1: Introduction 1 1.1 Part IIA of the Environmental Protection Act (1990) 1 1.2 The London Borough of Hillingdon 2 1.3 Implementation of the Legislation 3 1.4 Land use Planning Policies 3 1.5 Development of the Strategy 3 1.6 Involvement of Community Groups, Businesses and Others 3 1.7 Strategic Approach to Inspection 4
Chapter 2: Characteristics of the London Borough of Hillingdon 6 2.1 About the Borough 6 2.2 Current Land use Characteristics 7 2.3 Industrial History 7 2.4 Nature Conservation Areas 8 2.5 Protected Property 9 2.6 Groundwater and Surface Water Protection 10 2.7 General Geological and Hydrogeological Characteristics 10 2.8 Areas of Naturally Metal Enriched Soils 11 2.9 Details of Local Authority Ownership of Land 11 2.10 Known information on Contamination and Remedial action already taken 12 2.11 Redevelopment History and Controls 13
Chapter 3: Aims, Objectives & Priorities of the Inspection Strategy 15 3.1 Aims of the Strategy 15 3.2 Objectives 15 3.3 Milestones 17 3.4 Review of work already done 18 3.5 Inspection Programme 18 3.6 Dealing with Urgent Sites 20 3.6.1 Council Owned Land 20 3.6.2 Threat to Controlled Waters 20 3.7 Priority Order of Inspection 20 3.8 General Priority Actions of the Council 21
Chapter 4: Information Collection, Evaluation and Management 22 4.1 Information Collection 22 4.1.1 Information of Potential Receptors 22 4.1.2 Information on Sources of Potential Contamination 22 4.1.3 Gaps in Information 22 4.2 Information and Complaints 25 4.2.1 Anonymously supplied Information 25
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4.2.2 Anecdotal Evidence 25 4.2.3 Complaints 25 4.2.4 Confidentiality 26 4.3 Information Storage Systems 26 4.4 Information Evaluation 27 4.4.1 Prioritisation 27 4.4.2 Initial Risk Assessment 27 4.5 Use of Information by other Council Departments 29 4.6 Requests for Information and Arrangements for giving access 30 to Information outside the Council 4.7 Provision of Information to the Environment Agency 30 4.8 The Public Register 31
Chapter 5: Identification, Designation & Remediation of Contaminated Land 32 5.1 Internal Management Arrangement for Inspection and Identification 32 5.2 Considering Local Authority interests in Land 32 5.3 Procedures relating to other Regimes that interact with Part IIA 32 5.4 Detailed Inspection Work 32 5.5 Detailed Inspection Work and Risk Assessment 34 5.6 Format of Information for Detailed Risk Assessment 34 5.7 Frequency of Inspection 34 5.8 Powers of Entry onto the Land 34 5.9 Designating Contaminated Land 35 5.10 Designating Special Sites 35 5.11 Securing Remediation for the Contaminated Land in the 36 London Borough of Hillingdon
Chapter 6: General Liaison and Communication 38 6.1 Consultation and Liaison 38 6.1.1 Statutory Consultee 38 6.1.2 Non-statutory Consultees 38 6.2 Communicating with ‘responsible persons’ including ‘owners’ and 39 ‘occupiers’ of contaminated land, and other interested parties 6.3 Risk Communication 39 6.4 Other Communications’ Tools: The Public Register 40
Chapter 7: Review Mechanisms 41 7.1 Re-inspecting Land 41 7.2 Review of Inspection Strategy 42
References 43
Appendices Appendix 1: List of Interested Parties (Non-Statutory Consultees) 1 Appendix 2: Industrial History of the Parishes in the London Borough of Hillingdon 2 Appendix 3: Inspection Timetable 6 Appendix 4: Other Regimes that Interact with Part IIA 7 Appendix 5: Contact details of Statutory Consultees/Liaison Officers 8 Appendix 6: Glossary of Terms and Acronyms 9 Appendix 7: Planning Policies related to Contaminated Land 16 Appendix 8: Standard Form for exchange of information between Local Authorities and the 18 Environment Agency when a site is determined as contaminated land Appendix 9: Standard Form for exchange of information between Local Authorities and the 20 Environment Agency when Remediation action is taken for a site Appendix 10: Standard Form for exchange of information between Local Authorities and the 22 Environment Agency for Annual Summary of Local Authority Regulatory Activity
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List of Figures Chart 1.1: The main Internal and External agencies acting as Consultees 5
List of Boxes Box 1.1: Definition of Contaminated Land 1 Box 1.2: Government Objectives for Implementing the Contaminated 2 Land Strategy Box 1.3: Strategic Approach to Inspection 4 Box 1.4: Local Authority Objectives for the Contaminated Land Strategy 4 Box 2.1: Potential Sources of Contamination 8 Box 2.2: Sites Protected by English Nature 9 Box 2.3: Conservation Areas in Hillingdon 9 Box 2.4: Differing Geology within the London Borough of Hillingdon 11 Box 2.5: Three successful large-scale landfill redevelopment projects in the Borough 14 Box 3.1: Aims of the Contaminated Land Strategy 15 Box 3.2: Significant Milestones for the Council 17 Box 3.3: Information to be reviewed as part of the Strategy 18 Box 3.4: Outline of Inspection Programme 19 Box 4.1: Identification of Potentially Sensitive Receptors 23 Box 4.2: Information Sources for Identifying Contaminative Land Use 24 Box 4.3: Gaps in Information 24 Box 4.4: Complaints Procedure 25 Box 4.5: Obstacles for speedy resolution of Contaminated Land 26 Issues under Part IIA Box 4.6: Risk Assessment Guidelines 28 Box 4.7: General Procedure for the Assessment of Land 29 Box 4.8: Information for the Environment Agency 30 Box 4.9: Information to be kept on the Public Register 31 Box 5.1: Detailed Information gathering to determine if Land is Contaminated 33 Box 5.2: Designating an area of Contaminated Land 35 Box 5.3: Council Actions to bring about the Remediation of Contaminated Land 36 Box 6.1: Statutory Consultee for the Contaminated Land Inspection Strategy 38 Box 6.2: Issues to consider when dealing with Contaminated land 39 Box 6.3: Barriers to effectively communicating Risks 40 Box 7.1:Triggers for undertaking Non-routine Inspections 41 Box 7.2: Factors affecting the rate of Re-inspection of Land 41 Box 7.3: Review questions for the Inspection Strategy 42
List of Maps Map 2.1: Location of the London Borough of Hillingdon in relation to other London Boroughs 6 Map 2.2: Key Council owned Land/Property (L500) 12 Map 3.1: The four Inspection Areas 19
vi London Borough of Hillingdon Contaminated Land Inspection Strategy, 2001
Chapter 1 Introduction
1.1 Part IIA of the Environmental Protection Act (1990) On April 1st 2000 the Government introduced new statutory guidance and regulations for legislation known as Part IIA of the Environmental Protection Act (1990) to deal with a substantial legacy of land throughout the United Kingdom that has been historically contaminated. Under this legislation the London Borough of Hillingdon is required to develop a strategy for inspecting the land within its boundary to identify contaminated land. The duties under Part IIA are to be mainly carried out by Local Authorities with technical advice from the Environment Agency who will regulate certain contaminated sites known as special sites under Part IIA. This strategy document explains the general characteristics of the land in the London Borough of Hillingdon and how this land will be assessed for contamination in more detail within the Part IIA regime.
Box 1.1 below gives the definition of contaminated land as stated under Part IIA.
Box 1.1: Definition of Contaminated Land Contaminated Land is 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 the significant possibility of such harm being caused, or (b) Pollution of controlled waters is being or is likely to be, caused; ‘and in determining whether any land appears to be such land, a Local Authority shall,… act in accordance with guidance issued by the Secretary of state… with respect to the manner in which that determination is made.’
The concept of a source of contamination and a receptor (target) for this contamination linked by a pathway is used to identify contaminated land. For a piece of land to be identified as contaminated land all of the three elements must be identified in respect of that piece of land.
Source-Pathway-Receptor Methodology
A contaminant (source) is a substance which is in, on or under the land and which has the potential to cause harm or the pollution of controlled waters.
A receptor is a living organism, a group of living organisms, an ecological system or a piece of property, which is a type of receptor listed in the Part IIA guidance, and is being or could be, harmed by a contaminant.
A pathway is one or more routes or means by, or through, which a receptor is being exposed to or affected by a contaminant, or could be exposed or affected.
The definition of contaminated land is also based upon the principles of risk assessment. In Part IIA risk is defined as the probability, or frequency of a defined hazard and the magnitude of the consequences.
The existence of land contamination presents many threats to sustainable development. These include effects upon the prudent use of land thereby increasing the pressure on greenfield areas, damage to wildlife, and high cost burdens for the remediation. The
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Government’s objectives for implementing the strategy through Local Authorities are listed in Box 1.2.
Box 1.2: Government Objectives for Implementing the Contaminated Land Strategy Government’s objectives with respect to contaminated land are: 1. to identify and remove unacceptable risks to human health and the environment; 2. to seek to bring damaged land back into beneficial use; and 3. to seek to ensure that the cost burdens faced by individuals, companies and society as a whole are proportionate, manageable and economically sustainable. These objectives underlie the “suitable for use” approach to the remediation of contaminated land, which is considered the most sustainable option.
The Government proposes that the suitable for use approach taken together with tough action to prevent new contamination can bring about progressive improvements in the condition of the land we pass on to future generations. In the London Borough of Hillingdon the Council, the local people and stakeholders, have all made a commitment to the principles of sustainable development as part of the Local Agenda 21 Strategy. The declaration of commitment made in Hillingdon is given below.
“We will strive to enrich the quality of life and promote the well being of all members of our community through meeting social needs, improving economic success and protecting and enhancing the environment. In consultation with all sectors of the community, we will work in partnership to ensure that the Borough is a better place in which to live, work and learn, and for all to enjoy within an environment which is clean, healthy, stimulating and sustainable, now and for generations to come.”
In many cases areas of open land and countryside will contain sources or receptors and if Part IIA actions are deemed necessary the Council will ensure that policies on maintaining and enhancing the environment within the sustainability framework are considered and implemented. Within the Agenda 21 strategy the Council has a target to provide a database on contaminated land and use this to promote sustainable policies. The Government is of the opinion that the Part IIA regime will assist in the redevelopment of recycled land and this is an important factor in improving the quality of life in the Borough in accord with the Agenda 21 strategy.
1.2 The London Borough of Hillingdon Historically the area now occupied by the London Borough of Hillingdon, has been subjected to a diverse range of industrial uses as well as extensive mineral extraction and landfilling. This has left a legacy of brownfield land that inevitably contains some contaminated ground that may require remediation before a new use. The Council owns a large and variable portfolio of property and therefore has a principal interest in land contamination matters.
Much of the land remediation carried out in the Borough over the past 25 years has been undertaken within the planning redevelopment process under the guidance of the Planning, Building Control and Environmental Health sections. However, there remains a large area of former industrial and landfilled land with a potential for environmental improvement.
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1.3 Implementation of the Legislation The Environmental Protection Unit is the Council’s lead Department in implementing the Part IIA legislation. The guidance of the Environment Agency will be sought as necessary during any investigations or enforcement actions under Part IIA. Chart 1.1 (page 5) highlights the main internal and external agencies that will be involved in the implementation of the Part IIA process.
In dealing with Council owned land that may be contaminated, the Council will be both the enforcement authority and the landowner unless the land is designated a special site. The Environmental Protection Unit will maintain a good working relationship with other Council Departments such as Property Services when carrying out the Council’s enforcement duties as a regulator. However, the enforcement duties of the Council will be kept separate from the responsibilities of the Council that may arise as landowner or polluter.
1.4 Land use Planning Policies The Unitary Development Plan (UDP), adopted in 1998 contains some key planning policies which will be used in the development and remediation of contaminated land as part of the London Borough of Hillingdon’s Part IIA process. These policies are OE11, which relates to land contamination, OL21 to OL26 on damaged, derelict or degraded land and MIN20 and MIN21 relating to mineral extraction/landfilling (See Appendix 7). The UDP review will also be looking at these policies in light of Part IIA.
Government advice such as PPG23, ‘Planning and Pollution Control 1994’ and its subsequent revisions, shall also be considered in relation to Part IIA actions.
1.5 Development of the Strategy The inspection strategy is a plan that sets out how the Council intends to inspect the land area in Hillingdon for contamination to arrive at a set of priority sub-areas that require more detailed assessment. The contaminated land strategy has been prepared by the Environmental Protection Unit (Environmental Services Department) of the Council. Other Council Departments have provided baseline information for the formulation of the strategy.
Advice has also been received from the DETR and the Environment Agency during the preparation of the strategy and both the agencies’ websites have been accessed for information. A local West London contaminated land group of nine Local Authorities was set up in June 1999 and Hillingdon is a part of this group. Officers from the Environment Agency have also attended the regular meetings and provided advice on the development of the strategy. The draft strategy was submitted to the Environment Agency for their comments, as well as to the other external and internal agencies, some of which are shown in Chart 1.1.
1.6 Involvement of Community Groups, Businesses and Others It is the policy of the Council during the implementation of Part IIA to make the residents of the Borough, business stakeholders and interested parties (See Appendix 1) generally aware of the intended actions of the Council in inspecting the land in the Borough for contamination. The inspection strategy has been made available on the Council’s website and in the Borough’s libraries.
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1.7 Strategic Approach to Inspection The strategic approach required by the Local Authority is outlined in Box 1.3. The objectives of the Council in implementing the strategy are listed in Box 1.4.
Box 1.3: Strategic Approach to Inspection The approach should: S Be rational, ordered and efficient; S Be proportionate to the seriousness on any actual or potential risk; S Seek to ensure that the most pressing and serious problems are located first; S Ensure that resources are concentrated on investigating in areas where the Authority is most likely to identify contaminated land; and S Ensure that the Local Authority efficiently identifies requirements for the detailed inspection of particular areas of land.
Box 1.4: Local Authority Objectives of the Contaminated Land Strategy The key objectives of the Council in implementing the Part IIA legislation are: 1. to ensure that the Council complies with and carries out the enforcement of the Part IIA statute, and meets the criteria in paragraph B.9 of the statutory guidance (See Box 1.3); 2. to prioritise and inspect any land in more detail where site investigation work obtained by the Council or others already confirms that the definition of contaminated land is most likely to apply; 3. to inspect the Council’s existing and proposed land holdings thereby addressing any liability issues with current or intended land ownership; 4. to maintain strong links with and provide suitable information to the Environment Agency especially for the Agency’s national report on contaminated land; 5. to ensure that Councillors and Departments of the Council are made aware of the statutory requirements of Part IIA and its potential in Hillingdon for achieving improvement in the quality of land in the Borough; 6. to ensure that the redevelopment of contaminated sites in Hillingdon are in keeping with the policies of the UDP, the development control process deals effectively with land contamination and Part IIA powers are used if necessary to assist the actions on contamination through the Planning and Building Control processes; 7. to assess the areas of derelict or damaged land in the Borough, under Part IIA whilst also considering their potential for nature conservation/parkland uses or general brownfield development; and 8. to ensure that there are proper procedures for the open provision of information to the public, business organisations and others.
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Chart 1.1: The main Internal and External agencies acting as Consultees
Corporate Services: Chief Executives’ Property Services Office: Legal Services Policy & Regeneration I n Housing Services: t Education, Youth & Strategy & Leisure Support Section e r n a l Environmental Services: Corporate GIS Building Steering Control Group Planning Services Environmental Protection Unit
Food Standards Environment Agency Agency (& DETR) E x t e r Ministry of n English Nature Agriculture, a Fisheries & Food l
English Heritage English Partnerships
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Characteristics of the London Borough of Chapter 2 Hillingdon
2.1 About the Borough The London Borough of Hillingdon became an area of 11,571 hectares in 1994 when the new Borough boundary was introduced, gaining 540 hectares of land. It is some 11 miles from north to south and 4 miles east to west, located on the western edge of London (See Map 2.1). The Borough was formed in 1965 when the Borough of Uxbridge and the Urban Districts of Hayes and Harlington, Yiewsley and West Drayton and Ruislip-Northwood were amalgamated.
Map 2.1: Location of the London Borough of Hillingdon in relation to other London Boroughs
It contains within its boundary a unique combination of environments, being both rural and urban, with a mix of traditional and modern, industrial and residential settings. The Borough is made up of 29 Wards (22 Wards come 2002), with a population exceeding 253,000 individuals. About two-thirds of the population is located within the area between the M4 and the Chiltern Railways, with most of the remaining third in the Ruislip-Northwood area. The number of inhabitants in Hillingdon has always varied due to the movement of Travellers through the Borough.
The most prominent feature south of the M4 is Heathrow Airport, the busiest international airport in the World. If the Terminal 5 extension is given the go ahead it will dominate the south of the Borough. The area north of the Chiltern Railways contains most of the 1624 hectares of picturesque farmland (most of the remaining farmland being located south of the M4 around Heathrow), inter-dispersed with woodland, and contains many buildings of historical significance. The Manor of “Rislepe” (Ruislip) and the then surrounding grass and
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woodland has been recorded in the Doomsday Book as being given to Ernulfus de Hesding by William the Conquerer.
2.2 Current Land use Characteristics The London Borough of Hillingdon arguably has the greatest diversity in land use, compared to other London Boroughs. There are over 5000 hectares of open land, with most of the remaining area devoted to housing and transport (including aviation), respectively. Other land use categories in the Borough include land devoted to education, health, public buildings, shops, offices, and utilities.
About 44 per cent of the Borough, some 4860 hectares makes up the largest Green Belt in London. The areas within the Green Belt are undeveloped open land, farmland, land developed for leisure activities (e.g. Northwood Golf Course, Colne Valley Park) or nature conservation areas (e.g. Frays Island Nature Reserve, Ruislip Woods). In addition there are a further 36 hectares of Metropolitan Open Land, containing features or landscape of historic, recreational, nature conservation or scientific value.
Industry in the Borough is limited to some 420 hectares making up “employment generating land”, known as Industrial and Business Areas (IBAs), a majority of which is located in the Hayes/West Drayton corridor, and in smaller pockets along the Grand Union Canal. Industries falling outside of these areas are mainly gravel works, landfill sites and Heathrow Airport.
2.3 Industrial History The land that now falls within the London Borough of Hillingdon, at the end of the 19th century, was chiefly still made up of agricultural land, with some of this land being exploited for mineral extraction, predominantly brickearth. There were however, small manufacturing operations throughout the area in Uxbridge, West Drayton & Yiewsley, Harefield, Harmondsworth, Hillingdon, and Hayes making products as diverse as beer, jam, varnish and glass during the 19th century. Therefore, the industry within the Borough can be categorised as agriculture/horticulture, mineral extraction and manufacturing industries. More information about each category is included in Appendix 2.
Large-scale industrial development did not take place in the area until after 1899, when the Hayes Development Company began to develop land south of Botwell. This eventually lead to the industrial development of the surrounding area and other areas in the Borough as the companies expanded. Most of these industrial developments, for convenience, were located near the canal, the railways and/or major roads. Engineers and manufacturers to move into the area include Fairey Aviation Company in 1915 and the Gramophone & Typewrite Company in 1907 (HMV and then EMI, which recently closed). The latter made a significant impact on the industrial growth of Hayes taking up an eleven-acre site, and having the biggest building of its kind in England at the time.
A preliminary survey of some of the information gathered suggests a wide range of land use activities have taken place/are taking place within the Borough, some of which has/may have the potential to contaminate. Box 2.1 lists some of these industries by type.
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Box 2.1: Potential Sources of Contamination Industry Land use Agriculture Crop farming, animal farming, corn mills, plant nurseries, orchards, watercress beds, allotments Aviation Airports, aircraft manufacturing Chemical Industry Chemical works, varnish works, turpentine refinery, rubber mill, wax refinery, creosote works Engineering Gramophone factory, gear works; joinery works, engineering works Food/drink manufacturing Cheese factory, potato crisp factory, ham factory, cocoa factory, breweries Metal Manufacturing Steel barrel works, iron works, smithy, foundries Mineral Gravel, chalk, clay, sand, brick works, marble, slate & granite works, cement extraction/aggregates etc. works, asbestos mill
Ministry of Defence Airfield, laboratories, firing range, explosives manufacturing
Printing Printing works, photographic works, printing press, film works Timber Timber yard, chair factory, piano factory, saw mill, paper works
Transport Roads, railway (depots, sidings), tramway, canal (docks, warehouses), garages/petrol stations, fuel storage Utilities Gas works, electricity sub stations, sewage works, sludge disposal works, water treatment plants, laundries, dry cleaners Waste Landfills, waste transfer stations, skip hire, scrap yards Other Leather works, tallow factory, carpet works, ice house
Commercial mineral extraction (and related landfilling), the development of large-scale manufacturing industries and the housing developments that went with them lead to the decline and eventual demise of agriculture, in a number of areas in the Borough. Nevertheless, agriculture still survives today in Harefield and in the area surrounding Heathrow Airport, the largest single industrial unit in the Borough.
Industrial development has been contained since its heady beginnings, and industry remains in the areas previously developed for that purpose over the last century, although some of these areas have been redeveloped for other uses. The quantity and diversity of industry in the Borough seems to have decreased, and the present day Industrial and Business Areas (IBAs) have become more streamlined, with the Planning Department at Hillingdon geared towards keeping industry within these areas by re-developing industrial brownfield sites.
2.4 Nature Conservation Areas Within the Borough there are six Sites of Special Scientific Interest (SSSI) (See Box 2.2). Ruislip Woods declared as SSSIs in 1950, were the first sites within London to be designated as a National Nature Reserve (NNR) in May 1997, and represents 10 per cent of London’s semi-natural ancient woodland. Park Wood, which makes up more than a third of Ruislip Woods in area, is the largest unbroken wood in London.
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Box 2.2: Sites Protected by English Nature Site Name Designation Area (hectares) Ruislip Woods SSSI (biological) 305 Old Park Wood, Harefield SSSI (biological) 17 Mid Colne Valley, Harefield SSSI (biological) 145 Fray’s Farm Meadow, SSSI (biological) 25 Ickenham Denham Lock Wood, SSSI (biological) 6 Ickenham Harefield Pit SSSI (geological) 2 Ruislip Woods NNR 296
Hillingdon Council has designated five sites within the Borough as Local Nature Reserves, under the National Parks and Access to the Countryside Act 1972. The London Ecological Unit has identified a further 11 sites as Sites of Metropolitan Importance for Nature Conservation, 42 sites as Sites of Borough Importance and seven sites as Sites of Local Importance, within Hillingdon. It is the aim of the Council to protect these sites from potential contamination. The Council also aims to consider all areas of wildlife interest in the Borough in general, and will ensure the maintenance of existing green areas, such as green corridors, whenever possible.
2.5 Protected Property Twenty-six conservation areas have been created in the UDP in recognition of special architectural or historic interest to be protected within the Borough. These are listed in Box 2.3.
Box 2.3: Conservation Areas in Hillingdon Springwell Lock, Harefield Coppermill Lock, Harefield Widewater Lock, Harefield Denham Lock Cowley Lock Harefield Village Frithwood Avenue, Northwood Eastcote Village Morford Way, Eastcote Ruislip Village Manor Way, Ruislip Ickenham Village Old Uxbridge The Greenway, Uxbridge Hillingdon Village Cowley Church Cranford Park Botwell (East & West Walk) Botwell (Thorn EMI) Botwell (Nestlé) West Drayton Green Harmondsworth Village Longford Village Bulls Bridge Black Jacks Lock, Harefield Hayes Village
The Council aims to protect the best and most versatile agricultural land (MAFF designated Grades 1, 2 and 3A), as outlined in Hillingdon’s UDP. Agricultural land, allotments and gardens together make up a good portion of the Borough and will be protected.
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There are now over 380 Listed Buildings, listed as being of special architectural or historic interest by the Secretary of State for the Department of Culture, Media and Sport (DCMS), under Section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990. In addition to the listed buildings there are also five Ancient Monuments scheduled by the DCMS on the advice of English Heritage. These are the Brackenbury Farm Moated site, Moated site on the west bank of the River Pinn and Manor Farm Moat in Ickenham, the Manor farm barn in Harmondsworth, and Ruislip Motte and Bailey in Ruislip. A non-statutory list of over 100 Locally Listed Buildings have been created by the Council, and will also be considered under protected property.
2.6 Groundwater and Surface Water Protection The protection of groundwater is a very important issue for Hillingdon as a majority of the Borough body is located over a major aquifer. Therefore, groundwater is the main abstraction source in the Borough. Groundwater will be made a priority as it is vulnerable to both point and diffuse sources of contamination and once an aquifer becomes contaminated, it is difficult and costly to clean up.
The north-west of the Borough and a small area centrally located within the Borough, falls over Source Protection Zones (SPZs) designated by the Environment Agency. They cover 7 abstraction points falling within the Borough, and 2 just outside the western boundary. Potentially contaminated sites in the vicinity of SPZs are likely to be given higher priority.
London Borough of Hillingdon has 20 per cent of all the standing water in Greater London, and an important network of rivers and canals. Therefore surface water quality is also an important issue for Hillingdon. Contamination of these waters has implications on water abstraction, the conservation of existing ecosystems, and their amenity value. These waters and particularly the seven main rivers that flow through the Borough: the Colne, Fray’s, Pinn, Wraysbury, Duke of Northumberland, Crane and Yeading brook, and their tributaries and associated ditches also need to be considered for their potential to accumulate and/or transport contaminants to other areas.
2.7 General Geological and Hydrogeological Characteristics Most of the north London area consists of clayey soils. The solid geology of the area forms part of the north-western limb of the London Basin syncline. The area is predominantly made up of a chalk outcrop, which dips gently in a south-easterly direction towards the Thames, with some cover of tertiary strata as well as superficial glacial deposits. Groundwater flow follows the dip in the chalk aquifer in a south-easterly direction, and continues to flow in the chalk as it extends under the London clay. The Upper Chalk is a major aquifer in the area, with groundwater flow occurring mainly through fissures in the chalk, making it particularly vulnerable to groundwater pollution in areas where there are no glacial or drift deposits or where these have been removed.
As the rivers flow towards the Thames, the deposits thicken and terrace gravels become increasingly evident. The different geological stratum and deposits are roughly outlined for each area in Box 2.4. Some of these deposits are in hydraulic continuity (i.e. directly linked) with the chalk, which underlies them, making it vulnerable to groundwater pollution. The London clay, brickearth and other deposits where they are present, help to protect the aquifer from surface pollution, resulting from human activities.
10 London Borough of Hillingdon Contaminated Land Inspection Strategy, 2001
Box 2.4: Differing Geology within the London Borough of Hillingdon Geology Areas Northwood, Ruislip, Ruislip Manor, Ruislip Reading Beds Common, Eastcote Village, Ickemham, New Years Green, edge of Harefield Northwood, Ruislip, Ruislip Common, Ruislip London Clay Gardens, Northolt, North Hillingdon, Yeading, Pield Heath, Uxbridge Cowley, Cowley Peachy, Harmondsworth, Brickearth Harlington, Hayes, Uxbridge, Harefield, a strip through: Ickenham, Hillingdon, Ruislip, Eastcote Along the River Colne on the western edge of the Alluvium Borough Heathrow Airport, Perry Oaks, West Drayton, Taplow Gravel Hayes Hillingdon Heath, Colham Green, Hayes End, Boyne Hill Gravel Wood End Green, Hayes End Glacial Gravel over London Clay Hillingdon Glacial Gravel over Reading Beds Hill End, Harefield Glacial Gravel Haste Hill, Northwood, Uxbridge, Hillingdon From South Harefield, along and up to the north Upper Chalk western edge of the Borough Terrace Gravel Uxbridge Pebble Gravel over London Clay Very small area in Northwood
2.8 Areas of Naturally Metal Enriched Soils West London soil is known to have high levels of arsenic, four or five-folds above the ICRCL threshold value of 10 mg/kg for garden/allotment soils. Quality, relevant geochemical information will be obtained when the information becomes available, although at present this is a low priority, as will information on the appropriate threshold values for inorganic (and organic) contaminants for the different end uses.
2.9 Details of Local Authority Ownership of Land The Council has extensive land holdings of around 2,400 hectares in the Borough, and this land is generally freehold land owned by the Council. The Council’s Property Services Department is the lead Department in managing the Council’s property assets, which have a value in excess of £740 million.
The direct management of the land is split between a number of Departments including Corporate Property Services, Housing Services, Social Services and the Education, Youth and Leisure Service. Map 2.2 below shows the distribution of the key Council owned land. In terms of the area of land held, Corporate Services and the Education, Youth and Leisure Service administer the most of the land.
11 London Borough of Hillingdon Contaminated Land Inspection Strategy, 2001
The Council is the owner of a number of closed landfill sites that are potentially contaminated. The exact number is yet to be determined but at least twelve are known including areas in Harefield, Hayes, Longford, Ruislip, West Drayton and Yeading. Most of the former landfills are used as green spaces although one area is derelict and one area has a Council depot. The Council also owns some industrial areas including depots and parts of an industrial estate.
The Council has numerous land holdings that could be receptors for contamination. These sites include numerous nature reserves (including SSSIs), farms, school playing fields and public parks throughout the Borough.
Map 2.2: Key Council owned Land/Property (L500)
2.10 Known Information on Contamination and Remedial Action already taken The Environmental Health records on land contamination generally involve files built up where remediation has been undertaken at contaminated redevelopment sites. Until recent years the Council had a duty to provide a tipping licence (under Section 222 of the Middlesex County Council Act 1944/50) and there are some specific landfill site inspection files. There are also the Planning and Building Control records on remediation although
12 London Borough of Hillingdon Contaminated Land Inspection Strategy, 2001 these can duplicate many of the Environmental Health files. Older files on industrial properties date back to the 1950s and some files confirm a past contaminative use. Most of these files in the Environmental Health records concern sites redeveloped in the last twenty years although there are some older files. At least 90 sites are known to have been remediated, although the number is expected to rise when a full search of the files is carried out. These vary from small garages up to extensive projects such as plating works, creosote factories, gasworks, paint works, asbestos works and printing works.
About 80 landfill site files are retained but many very old files have unfortunately not been kept. Some sites have no information and other sites have a number of files charting the use of the site. Three landfilled areas have involved major restoration works for redevelopment. These redevelopment sites comprised large landfilled areas at Harmonsworth, West Drayton/Hayes and Yeading. Over 40 files are kept on these three sites alone. Three large parks and business/housing areas have been created through the planning process at these three sites.
Although much of the contamination work mentioned above has been carried out by private developers the Council itself has carried out some contamination investigations and remediation work upon it’s own land. Government funding (from the Supplementary Credit Approval (SCA) scheme) has been obtained for two sites in Harefield and Yeading. Landfill gas investigations and remediation works have been carried out and completed successfully at one site. At the other site water pollution problems are being assessed before any remedial measures are considered for the site.
The Council has carried out preliminary landfill gas monitoring on and outside landfill sites (mainly closed sites) in the Borough. This has been carried out from 1988 to 1994 in response to Government concerns in 1987 regarding gas migration from landfill sites. Gas monitoring was carried out at approximately 30 sites and the data obtained is kept in the Environmental Protection Unit.
As regards leachate/water pollution information, the Council has detailed information on many redevelopment sites including landfills although much of this information has been traditionally within the remit of the Waste Regulation Authority now the Environment Agency.
2.11 Redevelopment History and Control The Council has a Unitary Development Plan (UDP) for the London Borough of Hillingdon that was adopted in September 1998. Maintaining and enhancing the environment is one of the guiding principles within the plan and contaminated land when present is a material planning issue.
13 London Borough of Hillingdon Contaminated Land Inspection Strategy, 2001
Previous to the adoption of the UDP the Initial Development Plan (IDP) for the Middlesex County Council dated March 1965 and a number of local plans were used by the Council. The local plans were for Central Hillingdon, Ickenham and Northwood. Additionally, Greater London Development Plan policies and the National Greenbelt Policy (as referred to in PPG2) have been very relevant to the Council’s redevelopment of damaged, derelict or contaminated land. In some cases such as Stockley Park (see Box 2.5) matters such as the strategic relationship of the development to the Grand Union Canal, the Colne Valley Park and the M4 Linear Park were considered. There has been much success in improving and developing land in the Borough on the small scale and in larger more strategic projects. Section 106 agreements (under the Town and Country Planning Act 1990) have been used at many projects involving the reclamation of contaminated land within the Borough. Waterside is an example (See Box 2.5). Numerous smaller reclamation projects on contaminated land have also been carried out through the redevelopment process in different parts of the Borough.
Box 2.5: Three successful large-scale landfill redevelopment projects in the Borough Willow Tree Lane Development from 1980 to 1996 of 62 hectares of land in Hillingdon for a Joint Development park with housing/shops/business units built on cleaned ground. The total (Hillingdon Council, land area considered in the strategic development was166 hectares. Ealing Council, GLC and selected business partners) Stockley Park, West Creation of new park and golf course of 126 hectares from 1984 to 1990 with Drayton 48 hectares of business units built on cleaned ground. The local plan and greenbelt/strategic matters were all considered. Waterside, Creation of a new park of 109 hectares from 1993 to 1997 with a combined Harmonsworth Business Centre built on cleaned ground. IDP, draft UDP, Greenbelt policies, GLC development plan policies and the local plan were all considered.
There are a number of strategic planning briefs involving contaminated land issues for the Borough. An example is the Parkway Regeneration area. This is green and brownfield land between Hayes and Southall and the brief is being used as supplementary planning guidance in the UDP.
As explained elsewhere in the strategy document there are a large number of landfills in the Borough and planning conditions in addition to controls in the tipping licences have been used to ensure that tipped sites have been restored to the appropriate standard. However, it appears that there are likely to be a substantial number of old landfills where the restoration works were sub-standard.
There are many opportunities in formulating development plans and policies to address the matters of land contamination to maintain and enhance the environment in Hillingdon. The Council’s experience of contaminated land redevelopment should benefit new projects.
14 London Borough of Hillingdon Contaminated Land Inspection Strategy, 2001
Chapter 3 Aims, Objectives & Priorities of the Inspection Strategy
3.1 Aims of the Strategy The aims of the contaminated land strategy are outlined in Box 3.1. It is anticipated that the closed landfill sites will be a priority for investigation in the strategy.
Box 3.1: Aims of the Contaminated Land Strategy The Council’s priorities will be reviewed when further data becomes available during the implementation of Part IIA. On the basis of the Councils current records on land contamination the intended actions of the Council to assess problems land contamination under Part IIA are as follows: 1. to continue to implement projects where specific land contamination problems are known or likely to be present. Reason – One current water pollution project at a landfill is being carried out with SCA funding and other sites where there are recorded high levels of gas or other contaminants may be considered for investigation; 2. to assess harm to human health where contaminated or potentially contaminated land lies beneath or adjacent to residential property. Reason – The Council has historical maps and paper file records of residential housing being built upon former industrial sites and to a lesser extent landfilled areas. Also there are a large number of industrial and landfill sites in the Borough near to residential areas; 3. to assess the pollution of controlled waters where industrial or landfill sites lie in groundwater Source Protection Zones, over aquifers or appear near to and are likely to affect other types of controlled waters. Reason – Hillingdon has one of the highest concentrations of landfill sites in the west London area and most are closed with in many cases no information on leachate production. The Borough also contains many rivers and large areas of standing water. Public water supply boreholes are located in the north-west of the Borough; 4. to assess landfill gas migration problems to residential or other business or industrial uses of land near or adjacent to landfills. Reason – Extensive landfilling of Borough. There are around 80 landfill sites marked on the landfill map. These were mostly closed following tipping and the Council carried out initial gas investigations at some sites from 1987 to 1994. However, this work needs to be extended to provide more detailed data to assess any risk from landfill gas migration that may cause an explosive hazard; 5. to provide a broad assessment of the risk to nature conservation areas in Hillingdon from suspected contaminated sites including landfills. Reason – The large number of nature conservation sites often lie near to the many industrial and landfilled areas. Many of the conservation sites are owned by the Council and an assessment of potential problems (i.e. ecological effects) is desirable; and 6. to review the farmland on former landfill sites within Hillingdon. Reason - To check that there are no animal and crop effects.
3.2 Objectives The general aims of the strategy to assess land contamination in the Borough are outlined above. The Council has set itself objectives to fulfil these aims and meet its overall
15 London Borough of Hillingdon Contaminated Land Inspection Strategy, 2001 statutory duties under Part IIA. These objectives are explained below and included in the inspection timetable.
1. Assessment of Council Owned Land It is an objective of the strategy to review the land owned by the Council in order to ascertain whether or not the Council is likely to be an appropriate person. Council owned land as detailed on the Council’s inventory (See Map 2.2) will be considered. However, it is anticipated that after an initial desk study the investigations will then centre on the landfill sites and any industrial sites (depots etc.) the Council owns. A rolling programme is envisaged for inspecting the selected sites. The extent of investigation will be dictated by resources, which will be targeted at sites where there is proof of contamination or sites that are likely to be a problem. Further details are given in the Inspection Timetable (Appendix 3).
2. Evidence of Actual Harm or Water Pollution It is an objective of the strategy to collate all of the evidence of actual harm or water pollution. This work will be carried out by assessing the Council’s contaminated land records and similar information obtained from the Agency. This work will involve an extensive desk study on many remediation and landfill files on private land within the Borough. Many site investigation reports are kept in the records and some larger developments have upwards of 20 reports attached. This is seen as essential so that the area remediated in the last 30 years can be adequately reviewed. This work is included in the Inspection Timetable (Appendix 3).
3. Identification and Assessment of Risks to Receptors The Council is a major owner of land that will be classified as a receptor under Part IIA. Therefore it is an objective that this land is fully assessed in relation to the sources found from the data gathering exercise on historical and current contamination.
The location of all receptors, Council owned or otherwise will be assessed by use of the GIS in a desk study. Investigatory resources in the field will be directed towards receptors where a receptor is likely to be exposed to a contaminant. It is anticipated that the Council will purchase a risk assessment model to analyse the data in the contaminated land records. Consultants may be considered to carry out detailed risk assessments particularly in the case of pollution of controlled waters.
4. Identification and Assessment of possible Contamination An inspection timetable is attached in the appendices of this strategy document Appendix 3). This has been broadly designed on the basis of the information gathered to date on the locations of receptors in relation to the known or suspected sources of contamination. The sources have been mainly identified from a range of datasets. However, for Hillingdon it has been appropriate to concentrate on the file records of contaminated land projects and landfill sites in addition to the historic pre-war maps to establish the initial land areas containing or potentially containing sources of contamination. To advance the timetable of inspection in an ordered manner the Borough has been split up into a number of areas. Although some areas of the Borough have more industrial land and landfill sites particularly in the south, all areas potentially have some contaminated land. Therefore the timetable reflects this
16 London Borough of Hillingdon Contaminated Land Inspection Strategy, 2001
with a general area by area theme in the inspection timetable with priority sites in each area being investigated first.
5. Information Exchange Efficient information exchange and liaison procedures are being established with key external organisations such as the Environment Agency, English Nature and others. Hillingdon has a large base of sites in which English Nature and local groups with similar objectives will have an interest. It is an objective of the Council that Part IIA should be applied within the statutory framework in a way that will benefit these organisations and the public generally in a sustainable way. In particular information will be forwarded to the Environment Agency for its regulatory actions and national contaminated land report as required by statute.
Internal liaison procedures within the Council are good however they will be formalised so there is a contact available in the Departments involved in land contamination matters. This will ensure that there is an efficient overlap between the Planning and Building Control redevelopment processes with the Part IIA actions of the Environmental Protection Unit. In addition Departments managing land in the Council will be consulted at an early stage on any Part IIA actions.
3.3 Milestones The significant milestones in carrying out the inspection strategy are listed in Box 3.2 below. It should be understood that specific areas of land will be at different stages of investigation and remediation as the strategy is implemented.
Box 3.2: Significant Milestones for the Council S The publication of the strategy; S The establishment of efficient liaison and information exchange procedures internally and externally with other organisations; S The implementation of an efficient data storage system for contaminated land information; S The first internal yearly review of the progress of the strategy; S The first yearly reports to the Environment Agency regarding contaminated land in Hillingdon for their national report; S Completion of the initial inspection work as detailed in the timetable i.e. the Council’s land, and each of the four areas of the Borough; S Review and the prioritisation of sites in the Borough for detailed inspection work; S Reaching the 5 Year target (this is dependent on resources and the amount of urgent contaminated land work necessary under part IIA); S The establishment of suitable risk assessment models to be used by the Council and/or its consultants in the detailed inspection work; S The setting of targets for the completion of the detailed inspection of suspected contaminated land; S Completion of detailed assessments and the setting of a timetable to achieve the remediation of the contaminated land found; and S The full development of the Council’s enforcement and hardship policies.
17 London Borough of Hillingdon Contaminated Land Inspection Strategy, 2001
3.4 Review of Work already done Regarding the contaminated land investigation work already carried out in Hillingdon, it is the intention of the Council to review this work in the implementation of the strategy. Box 3.3 lists matters to be reviewed.
Box 3.3: Information to be reviewed as part of the Strategy 1. Records including environmental pollution data within the records of the closed landfill site files. This data includes work carried out by the Council on investigating landfill gas levels from 1987 to 1994. 2. Records of contamination investigations and remediation projects contained in the files of the Council. These include small and large redevelopment projects. Two larger areas of development are located in the south of the Borough at West Drayton and Harmonsworth and together they involved the reclamation of over twenty separate landfilled areas. There are extensive reports in the Council’s records. There are also other fairly large reclamation projects which have already been undertaken throughout the Borough.
If the reviews confirm that the sites have been properly remediated and therefore do not meet the definition of contaminated land the information will be stored within the Council’s records. The sites will be reviewed after a time period dependent on whether the Council has evidence of or reasonably considers there may be changes in the characteristics of any site.
If the review indicates that there may still be contamination problems or new contamination matters appear present then the severity and likelihood of the site being contaminated land will be assessed. Further inspection work on sites where remediation has been undertaken is more likely to be applicable to older re-developments where there has been less control. In the last 20 to 25 years many sites in Hillingdon appear to have been generally successfully remediated however, it is intended that all of the sites will be reviewed.
3.5 Inspection Programme The contaminated land inspection programme will formally commence on the publication of Hillingdon’s Contaminated Land Inspection Strategy, by the end of June 2001. The timetable forms a basis for a rational and ordered programme of land inspection but may be varied as circumstances dictate. In particular any available funds for preliminary or further phases of ground investigations will be directed towards urgent sites. These sites may be sites being presently investigated or new sites where the council considers a risk may be present and funding is necessary for preliminary phase 1 investigations. Part of the timetable is described below in Box 3.4. The timetable is presented in Appendix 3. The four areas are shown on Map 3.1. Generally the time scales are:
S Four years for the completion of the basic area by area (numbered 1 to 4) inspection work; and S Five years have been allowed for the full implementation of the strategy by which point the prioritised land in the Borough meriting detailed inspection should have been identified.
18 London Borough of Hillingdon Contaminated Land Inspection Strategy, 2001
Box 3.4: Outline of Inspection Programme It is proposed to split the Borough into 4 areas so that after an initial data gathering exercise is carried out to find out any priority sites the inspection work can commence. In the timetable the 4 areas are listed and defined by 3 east-west routes through the Borough. Area - 1. Land south of M4 motorway – includes Harlington, Harmondsworth, Heathrow, Longford Sipson and Stanwell. Area - 2. Land north of the M4 motorway but south of the Uxbridge Road – includes Hayes, Hillingdon, Uxbridge, West Drayton and Yiewsley. Area - 3. Land north of the Uxbridge Road but south of Chiltern Railways – includes Hayes, Hillingdon, Ickenham, Ruislip Uxbridge and Yeading. Area - 4. Land north of Chiltern Railways – includes Harefield, Northwood and Ruislip. These areas each contain potentially contaminated land such as industrial sites and landfill sites.
The two southern areas of the Borough south of the Uxbridge Road contain much of the historical industrial development due to the proximity of the Great Western Railway and the Grand Union Canal. Additionally these areas contain the greater proportion of tipped land as known from the Boroughs landfill records. Therefore, it has been decided that these areas will be inspected before the northern areas in the timetable. Receptors are also distributed throughout the Borough and there will be sites where it is obvious that a receptor such as residential housing or a nature reserve lies above or adjacent to a likely source of contamination such as a landfill. These sites may be priority sites especially if the current data supports this. The sites therefore will be moved into the priority list to be investigated as appropriate when the area by area rolling programme of inspection commences.
Map 3.1: The four Inspection Areas (© Crown copyright)
19 London Borough of Hillingdon Contaminated Land Inspection Strategy, 2001
3.6 Dealing with Urgent Sites It is anticipated that there will be a number of sites requiring urgent remediation actions either consisting of remedial works or site investigations. If there is sufficient information from the Council’s records or obtained through others to show that the definition of contaminated land is met then the general approach to inspection will be secondary to dealing with such sites. A list of priority sites will be produced after the publication of the strategy.
Currently there are a number of land remediation projects being carried out or considered by developers within the planning redevelopment process. The sites include a gasworks and a chemical works. One landfill site is currently being monitored with DETR funding with a view to future remediation. There are other unmonitored landfill and old industrial sites that appear in need of initial intrusive investigations. The Environment Agency will be contacted as appropriate for their advice with regard to urgent sites before any designation is made.
3.6.1 Council Owned Land The Council has extensive land holdings in the Borough. These land holdings include both potential sources and receptors of contamination. There are also areas of land that the Council has owned at some stage in the past and it may be that potentially contaminative activities such as waste disposal have occurred.
Shortly after publication of the strategy a list of sites owned by the Council where the land is likely to be contaminated such as landfills will be compiled. Once the initial lists have been compiled discussions will be held between the Environmental Protection Unit and other Council Departments who administer the land holdings. Current land ownership will be a priority although reasonable enquiries will be made about historic Council land ownership that will mainly be centred on the landfill sites and old Council depots. This list will include receptors such as nature reserves owned by the Council where it appears that the land may have been affected by contamination migrating from another site or a previous use of the land itself.
3.6.2 Threat to Controlled Waters The rolling programme of area by area site inspections combined with the inspection of Council owned land will start as detailed desk studies on land parcels combined in most cases with a site visit by an Officer from the Environmental Protection Unit. This information which includes many previous site investigations in the Borough should bring to light any imminent threats to controlled waters. Any sites where the Council becomes aware of a threat to controlled water will be discussed with the Agency. No specific water monitoring programme is currently envisaged for the Borough and the investigations of controlled waters will be on a site specific basis.
3.7 Priority Order of Inspection When implementing the inspection strategy the Council will consider the importance of the various contaminated land issues in the Borough to prioritise where resources will be allocated. All of these issues are considered important however some issues when found would normally be looked at as a priority. In Hillingdon it is anticipated that some sites will
20 London Borough of Hillingdon Contaminated Land Inspection Strategy, 2001 have a number of connected issues, such as a landfill site near to housing, an ecosystem and controlled waters, or a combination thereof. All of the issues below will be looked at but the priority for inspection will be as shown within each category numbered 1 to 3 below.
Priority of types of receptors assessed. Human health concerns if contaminated land coincides with residential property or is reasonably 1 near and thus likely to affect occupiers of this and other property (e.g. schools, offices), surface water and groundwater effects, and effects to ecological systems.
On-going – Priority contaminated sites where there is a known land contamination problem that makes or is likely to define the land as contaminated land under Part IIA. This is likely to be a small number of sites at any one time. 2 Landfill Sites (Council owned) Landfill Sites (Privately owned) Historic Industrial Sites with a confirmed contaminative use
Priority of types of sources assessed Surface Contamination or near surface contamination on all Hillingdon sites. 3 Landfill gas levels on landfills and any other sites if an issue. Water contamination from landfill leachate or other sources.
3.8 General Priority Actions of the Council The Council’s aims and priorities within its Part IIA duties have been discussed above. However, to aid decision making in the work programme the aims of the Council in its contaminated land work are listed below in a priority order and in all cases will have regard to the significance and likelihood of contamination as defined in the statutory guidance.
1 To protect human health 2 To protect controlled waters 3 To protect designated ecosystems 4 To prevent damage to property 5 To prevent any further contamination of land 6 To encourage voluntary remediation 7 To encourage the re-use of brownfield land
21 London Borough of Hillingdon Contaminated Land Inspection Strategy, 2001
Information Collection, Evaluation, and Chapter 4 Management
4.1 Information Collection Initial work on the strategy has focused on information collection, to ascertain the location of all potentially sensitive receptors and potentially contaminated land within the London Borough of Hillingdon, to form a view on the Council’s priorities for future information gathering and investigation.
4.1.1 Information on Potential Receptors The potentially sensitive receptors identified within the Borough are listed in Box 4.1. The table also includes land use associated with each receptor within the London Borough of Hillingdon, and the main sources of information that are being used to identify their locality. The Environment Agency has provided a CD-ROM that identifies Source Protection Zones, determined to help protect groundwater extraction points, within the Borough.
4.1.2 Information on the Sources of Potential Contamination The gathering of contamination information will be a more iterative process. Information on sources of pollution and the possible presence of contamination has been determined indirectly as a result of records kept of relevant activity occurring within the Borough, by the EPU and the Planning Sections. Some of this information has been compiled to form relevant documents such as the Internal Consultation Draft of the Brownfield Sites Study 1999 carried out by the planning team as part of implementing policies in the UDP.
The Environment Agency has also provided local authorities with a CD-ROM containing baseline information for the area, which should be useful in identifying potential polluters and sources of contamination.
Box 4.2 lists the information currently available for identifying potential sources of contamination, both contemporary and historical. These records, documents and directories are initially being utilised to assist in setting up a database for council use. They will be studied in greater depth when broad areas/categories of land within the Borough are identified for further investigation as part of the strategy.
4.1.3 Gaps in Information Box 4.3 lists the gaps in information discovered so far and how they will be remedied. Any new gaps in information will be dealt with as and when they arise.
22 London Borough of Hillingdon Contaminated Land Inspection Strategy, 2001
Box 4.1: Identification of Potentially Sensitive Receptors Receptor Land use Types Information Source Human beings Allotments S Ordnance Survey (OS) Maps; S London Borough of Hillingdon (LBH) L500, listing Council owned property Residential with gardens S OS Maps; S Address Point S Street Directories Residential without gardens S OS Maps; S Address Point Schools/nurseries/playgroups S LBH Education, Youth & Leisure Services; S Children’s Information Services Recreational/Parks, Playing Fields, S LBH L500; Open Space (Greens & Commons) S Unitary Development Plan (UDP); S OS Maps Commercial/Industrial S LBH Industrial Profile: Industrial and Business Area Profiles; S OS Maps; S Environment Agency (EA) CD-ROM; S LBH Part B Processes Files Ecological systems SSSIs S English Nature; or living organisms S LBH UDP forming part of a system within protected locations National Nature Reserves S English Nature; S LBH UDP Local Nature Reserves S LBH UDP; S Wildlife 2000 – A status Report for Hillingdon (Hillingdon Natural History Society) Other Protected Areas S LBH UDP Property in the form Ancient Monuments (Archaeological S English Heritage; of buildings sites); Listed/Locally Listed Buildings S LBH Planning Buildings (including hospitals and S OS Maps; higher education institutions) S LBH Planning Property in other Agricultural land S LBH L500; forms (Crops, S Estate Maps; livestock, home S OS Maps; grown produce, S Address Point; owned or S MAFF domesticated S FSA animals, wild animals subject to shooting or fishing rights) Allotments and gardens S OS Maps; S LBH L500 S FSA Other open spaces, rivers, lakes etc. S OS Maps; S EA CD-ROM Controlled Waters Surface Water S OS Maps; S EA Local Environment Agency Plan (Colne Catchment (Draft), North London); S EA CD-ROM Drinking Water Abstraction S EA CD-ROM S Thames Water/Three Valleys Water Source Protection Zones: S EA CD-ROM S Groundwaters – Private Abstractions EA web page Groundwater – Major Aquifers S EA CD-ROM; S National Rivers Authority Groundwater Vulnerability Map
23 London Borough of Hillingdon Contaminated Land Inspection Strategy, 2001
Box 4.2: Information Sources for Identifying Contaminative Land Use Potentially Contaminative Land Use Information Source Landfills/Mineral Extraction S LBH Landfill Files (Pre- and Post-Control of Pollution Act 1974; some files include site investigation reports); S EA CD-ROM; S Current/Historical land use Ordnance Survey Maps (Landmark); S Mineral extraction information from LBH Planning Industry S LBH Planning/Building Control/Environmental Health Files (including site investigation reports); S EA CD-ROM (Thames Region – including Integrated Pollution Control, Pollution Incidents and Authorised Discharges etc.); S LBH Part B Processes Files; S LBH Industrial Profile: Industrial and Business Area Profiles: July 1999; S LBH Damaged and Derelict Land Survey (1993); S LBH Unitary Development Plan (1998 – being revised); S LBH Draft Brownfield Sites Study (1999); S Current/Historical land use Ordnance Survey Maps (Landmark); S Street and Trade Directories Agriculture S Ministry of Agriculture, Fisheries and Food, especially Agricultural Land Classification Surveys; S Estate Maps (British Library); S LBH L500; S OS Maps
Box 4.3: Gaps in Information Missing Information Remedy Some Landfill files (fill information) Register of Landfill Sites/Site investigation/Determine if external records for privately owned landfills exist Some Planning/Building local newspapers reports, old GLA records where available Control/Environmental Health files Missing map tiles on GIS OS Maps Alternative paper maps (in house/British Library), and street/trade directories Incomplete set of historical maps Digitised post-war historical maps will be purchased from OS (temporary solution: use paper maps as reference) Some missing files for area covering Contact Spelthorne and Hounslow Council for information southern extremity of LBH due to Borough boundary changes
S Natural Metal enrichment data Purchase information when available (low priority) S Detailed Geological/hydrogeological Consult BGS/EA when necessary, purchase information if data possible Data on EA CD-ROM: S Catchment plan showing location of Use EA LEAPs for the Colne Catchment and North London, watercourses etc. (insufficient detail) OS maps/lines for detailed information on water courses S Plan showing features such as flood Contact EA; OS Maps; LA Planning defence works, sewage treatment works, bathing waters etc. S Information on aquifer location and Contact EA, use EA LEAPs, old NRA Groundwater characteristics Vulnerability Maps
24 London Borough of Hillingdon Contaminated Land Inspection Strategy, 2001
4.2 Information and Complaints The Council receives information and complaints regarding contaminated land from the members of the public, businesses and community groups. Any person or organisation contacting the Council with information will have their correspondence logged in the Council’s complaints system (CLEARS) and the same initial procedure will apply as for complaints with the enquirer being contacted by an officer. The person or organisation will be given the option of whether or not they wish to be updated on how the information was acted upon by the EPU.
4.2.1 Anonymously supplied Information Anonymous complaints are logged in the CLEARS system as with all complaints. Anonymous complaints relating to land contamination matters will be looked at by an officer to assess whether or not there is any benefit in further action including a site visit. If the complaint raises issues within the remit of the EA under Part IIA or other legislation the local EA office will be informed as soon as possible.
4.2.2 Anecdotal Evidence Anecdotal information on land contamination is provided to the Council from time to time. No designation of contaminated land will occur without robust scientific evidence. From past experience this kind of information has proved useful as local residents may have extensive knowledge of historical sites such as landfills where there are no records. Any such information is noted on an appropriate file (including the GIS, to be verified in time) and in some cases a visit to an area of land will be justified.
4.2.3 Complaints Information that can be obtained from the day to day functions of the Environmental Protection Unit may be very useful in the Part IIA inspection work, and may in some cases make it imperative to inspect a site immediately or give a site a higher priority for inspection. Therefore the complaints procedures on land contamination must provide data from which any Part IIA implications can be clearly assessed. Box 4.4 outlines the EPU’s complaints’ (and information processing) procedure.
Box 4.4: Complaints Procedure
Complaints regarding contaminated land will be directed to the Environmental Protection Unit. When a complaint is received: 1. The complaint will be recorded on the complaints management system known as CLEARS. 2. A job sheet will be issued to an officer and contact will be made with the complainant within five days but always as soon as possible. If necessary the complaint will be referred to the EA for their action or a joint approach. A check on the Part IIA database will be made to see if the contaminated land complaint refers to a known or potentially contaminated site. 3. Discussions will be initially held with the complainant. The complainant will be informed, if his complaint overlaps with a site where Part IIA actions are being carried out. In most cases a site visit to assess the severity of any contamination and/or resolve the problem will be made as soon as possible.
If the contamination problem is not a minor issue that can be resolved quickly and efficiently through remedial actions by those responsible, the use of Part IIA will be
25 London Borough of Hillingdon Contaminated Land Inspection Strategy, 2001 considered. It should be noted that within the legislative framework of Part IIA there are a number of obstacles to a speedy resolution of problems, highlighted in Box 4.5.
Box 4.5: Obstacles to speedy resolution of Contaminated Land Issues under Part IIA Some of the obstacles under Part IIA obstructing speedy resolutions are: (a) Proof of the viable pollutant linkage before formal designation as contaminated land. Problem – Ground investigations may be needed. (b) Consultation with interested parties before formal designation as contaminated land. Problem – Disagreements of parties with the Council over the reasons given for designation such as the severity of contamination. (c) A three-month time period between the designation and service of the remediation notice. Problem – Complainant expects swifter action, contamination may worsen. (d) The requirement of the enforcing Authority to make every effort to identify the original polluter of the land (or class A person). Problem – The detailed search of historic records and company addresses is always time consuming, and the current company may contest responsibility for its past use of a contaminated site. Although the statutory guidance allows for (b) and (c) to be waived, (a) and (d) must be met. (e) Detailed discussions with the Environment Agency may be necessary when any identified contaminated land appears to be a special site.
4.2.4 Confidentiality It is the policy of the Environmental Protection Unit that the names and addresses of all complainants remain confidential. If a person is asked to give evidence to a Court of Law to support the Council’s actions under Part IIA then in some cases the Court may require the disclosure of the complainant’s details to others. If for example in an appeal against a contaminated land designation a reason for the service of the notice was a complainant’s health then a name and address will most likely be required by the Court officials and the appellant.
4.3 Information Storage Systems The Council now uses a Geographical Information System (GIS) to handle mapped information from different departments of the Council. The system used is Arcview Version 3.0 and is built by ESRI (Environmental Systems Research Institute Inc). It is the intention of the Council to use this GIS to store much of the contaminated land data in maps and tables. The Environmental Protection Unit is collecting data useful to the contaminated land work from other Departments and filing this on the GIS. This includes Council property maps, mineral/landfill areas, local nature sites etc. Information supplied by the EA on a CD- ROM for the GIS has also been added to the database.
The main contaminated land data available to the Council is within the paper based filing systems of the Environmental Protection Unit and the Central Filing System. In the short- term the paper files will be the main source of information as the area inspection work begins in earnest after July 2001. However, key information is now being extracted from files to add to the GIS databank. For example, the landfill data is being attached to specific sites on the Council’s landfill map. The transfer of key data is expected to continue and will be dependent on the availability of staff.
An Access database attached to the Arcview GIS will be used to store more detailed information about each contaminated site where available, and is set up to be updated
26 London Borough of Hillingdon Contaminated Land Inspection Strategy, 2001 periodically to monitor progress on site. The database will help to collate the information efficiently and will be used to create reports for other Agencies and to update the Public Register.
4.4 Information Evaluation 4.4.1 Prioritisation The prioritisation of the sites will in most instances be a two step process. The first step involves the evaluation of mapped information on the possibly contaminated sites and receptors listed in Box 4.1 and 4.2. The mapped information on receptors and contaminants will be cross-referenced using the GIS to identify the sites to be looked at further, based on the proximity of the contamination to the receptors.
The second step is the establishment of possible pollutant linkages, which are dependent on the nature of the site and its current use. This list of sites will then be put forward for prioritisation which will be based on the number of important receptors they affect, so the greater the number of receptors affected, the higher the priority is likely to be. The Department of the Environment ‘Prioritisation and categorisation procedure for sites which may be contaminated’ (CLR6), will be used as a guide to create a simple prioritisation methodology.
Once a list of these sites are established, more data can be gathered for the sites where information is lacking, by conducting a simple site investigation with minimum intrusion, which may result in the reprioritisation of the list.
By the time the strategy is implemented the Council will have collected much information on sources and receptors, which is likely to be an ongoing process. Information on areas of land will be evaluated as proposed within the order of land inspection shown on the Council’s preferred timetable (Appendix 3).
4.4.2 Initial Risk Assessment As the definition of contaminated land is based upon the principles of risk assessment the Council will evaluate the information kept on land contamination using an appropriate risk assessment methodology, once the prioritisation process is under way. This will initially involve ascertaining the level of contaminants in the soil/water and then the Council intends to use current DETR generic guidelines and risk assessment methodologies approved by the DETR and the EA. Use will be made of the published sources of procedural and technical guidance from the DETR and the EA. In some cases during the prioritisation process and initial risk assessment, there may be enough information in the records to proceed immediately to the risk assessment stage and subsequent determination of the land. If this information is not available more in depth site investigation and risk assessment will be required to make a determination (See Chapter 5 for the details of designating contaminated land).
There are a number of different risk assessment models available for use in contaminated land work. Some information on the Council’s intended use of risk assessment methods is summarised in Box 4.6.
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Box 4.6: Risk Assessment Guidelines
Generic guidelines can be used for assessing the risk from contamination of soils and water. These guidelines are standards and can be evaluated against the contaminant concentrations found in the soil or water. The use of guidelines does not provide a complete risk assessment however it is an initial step in deciding whether there is contamination present in the soil or water. The guidelines are described below. ICRCL Dutch List CLEA
The most commonly used There are guidelines for A new set of guidelines known as guidelines for soil waters and the most the Contaminated Land Exposure contamination have been commonly used have been Assessment or CLEA guidelines issued by the the Dutch Intervention Levels are now available. These Interdepartmental Committee (1994). These guidelines also guidelines when published will be on the Redevelopment of include soils with some the main standards used in risk Contaminated Land (ICRCL) contaminants that are not assessment work on human of the Department of the covered by the ICRCL health in conjunction with the Environment. In particular guidelines. other available guidelines. document ICRCL 59/83 (2nd Edition July 1987) has been extensively used. This document contains trigger and action levels for a range of contaminants. When assessing contamination data on land and water the Council will initially use the guidelines above in relation to its current/intended use and compare it to the actual levels of contamination found in the soil or water. This will enable the Council to decide whether there is a significant source of contamination. Generally it can be said that it is difficult to develop generic soil guidelines for groundwater protection and these matters are dealt with on a site-specific basis. Guidelines such as the Dutch Intervention Levels, US EPA Levels and Drinking Water Standards may be used.
For the assessment of direct risks to human health it is anticipated that the CLEA Model will be used as noted above in conjunction with the DETR advice notes on CLEA. It should be possible for the Council to ascertain whether or not ‘significant harm is being caused or there is a significant possibility of harm being caused’ from exposure to contaminated soil. Environment Agency guidance papers on methodologies for estimating the degree of soils clean up to protect water resources are available. This advice is to be used in risk assessment work by the Council, especially R&D Publication 20: Methodology for the Derivation of Remedial Targets for Soil and Groundwater to protect water resources. Other advice and guidelines will be used as and when they are appropriate (e.g. HSE, WHO, Drinking Water guidelines etc).
Risk assessments are generally carried out in a number of phases and can consist of a number of studies with the following objectives – Hazard Identification, Hazard Assessment, Risk Estimation and Risk Evaluation. As part of the initial site and risk assessment, the Council will also try to determine or verify possible pollutant linkages.
Following the initial risk assessment of land or water to establish a pollution linkage more detailed risk assessment work may be necessary. This is most likely to be carried by environmental consultants acting for the Council. It is anticipated that this work will fully estimate and evaluate the risk to receptors from the contamination. Following this stage it will be possible to designate and secure the remediation of the land as explained in Chapter 5.
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For the assessment of risks to controlled waters by the Council it is anticipated that a risk assessment will be carried out on a site specific basis. Advice will be sought from the EA on risk assessment if controlled waters are the receptor in a particular pollutant linkage and the Council has a duty to inspect the land. R&D Publication 20 is particularly relevant. It is anticipated that many of the sites where controlled waters are an issue will be special sites under Regulation 3 of the Contaminated Land Regulations (England) 2000 and the site assessment details by the Council will be formally passed to the Environment Agency.
The Council will also consider harm or interference with protected ecosystems. This will be considered when an area of potentially contaminated land is inspected. Likewise any effects on animals and crops or buildings will be considered. This work will be very site specific and in addition to using the expertise within the Council other experts will be consulted. These experts are likely to be Local Conservation and Wildlife Groups, English Nature, MAFF/FSA and the London Ecological Unit. The Council owns many of the nature reserves in the Borough and as such will be responsible for these receptors as a landowner. It is anticipated that ecological consultants or similar would be used when assessing ecological effects.
The general procedure for the evaluation of information and assessment of land is summarised in Box 4.7, below.
Box 4.7: General Procedure for the Assessment of Land
1. Review of information on land of interest in the database and site reconnaissance. 2. Consider after analysis whether there is enough data to designate the land as contaminated land. If so carry out risk analysis. 3. A decision will be taken by the Council to decide upon the complexity and type of risk assessment. 4. Designate land as contaminated land or return project to file if land does not meet definition of contaminated land. Note – If situation on any site is unclear due to lack of data obtain more information from further desk studies and/or ground investigations on land to clarify whether contaminated land or not.
4.5 Use of Information by other Council Departments The GIS system is used by the Council and it is intended that Departments and sections involved in land contamination issues as part of their Council duties will have access to the information produced by the EPU through a common computer directory. In particular the Planning, Building Control and Property sections will require information.
The details of the identification work carried out on sites will be kept in the EPU in paper files and the Access database. The relevant information will be made available to other Council Departments as and when they require it. For example, if a planning application is received where there are contamination issues then if Part IIA information was available, its existence will be indicated on the GIS. If the Planning section require further information they can approach the EPU for it. Alternatively, information may be required for strategic work or property reviews by other Council Departments, where the information can be accessed in the same way.
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4.6 Requests for Information and Arrangements for giving access to Information outside the Council Requests for information on land contamination are frequently forwarded to the Environmental Protection Unit. These enquiries are from a range of people including developers, solicitors, environmental consultants, environmental groups and interested members of the public.
All of the requests are responded to and experience shows it is usually possible to provide the information requested. However, the Council has regard to the Environmental Information Regulations (SI 1992/3240 as amended) and there are some cases where an exemption to the right to information is appropriate. The exemptions are listed in the aforementioned regulations and include documents that are commercially confidential, uncompleted, subject to legal proceedings, internal confidential communications or are matters of national defence, or public security.
In replying to a request for information a charge can be made to cover the costs attributable to the work in supplying the information. When a request is made to the Environmental Protection Unit, a standard letter is sent immediately to the enquirer when required, offering a written response within 5 to 10 days depending on the complexity of the enquiry. The letter states there will be a charge and urgent enquiries may be dealt with within a 5-day period. In some cases such as a pollution incident or same day house purchase the information may be required immediately, and the Environmental Protection Unit endeavours to meet any such demands.
It is anticipated that there will be requests for information from the Council’s Part IIA records. Requests will be considered with regard to the requirements of the Environmental Information Regulations.
4.7 Provision of Information to the Environment Agency The Environment Agency is required to prepare and publish a national report on the state of contaminated land in England. To do this the Agency will need to collate information it holds and will also need to gain access to information held by all Local Authorities including the London Borough of Hillingdon. The Council has a statutory duty to provide this information. Box 4.8 outlines what will be included in the report.
Box 4.8: Information for the Environment Agency S The nature, extent and distribution of contaminated land S Level of remediation undertaken S Regulatory activity under Part IIA including a summary of the Local Authority inspection strategies See Appendix 8, 9 and 10 for more information.
As Local Authorities such as Hillingdon are the lead regulators on contaminated land, the national survey will clearly be reliant on information provided by Local Authorities. The Environment Agency has suggested a process of information exchange that involves reporting to the Agency by means of standard forms when actions are undertaken. Three suitable forms have been provided for the Council, one for a site determined to be contaminated land, one for when remediation action is taken, and one to forward the record of the Council’s annual regulatory activity (See Appendix 8, 9 and 10).
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4.8 The Public Register Section 78R of Part IIA requires each enforcing authority to keep a public register. The public register is a full and permanent record, open for public inspection, of all regulatory action taken by the Council in respect of the remediation of contaminated land, and includes information about the condition of the land. A public register will therefore be kept by the Council at the Civic Centre in Uxbridge. Box 4.9 lists the information that will be recorded on the register as prescribed in the contaminated land regulations.
Box 4.9: Information to be kept on the Public Register S Remediation notices S Remediation declarations S Remediation statements S Notification of claimed remediation S Designation of special sites S Site specific guidance from the EA S Appeals against a remediation notice or a charging notice S Convictions for offences S Details of cases where ‘contaminated land’ has or is being dealt with under another regime
The register will be available during the Council’s standard office hours (8.30am – 5.00pm), but it is advised that the Environmental Protection Unit is contacted to make an appointment, before a visit.
The register will also be used by the Council’s Land Charges Section to reply to questions on land contamination within the standard land search form, CON29 which is sent by Conveyancers to Local Authorities during land transactions.
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Identification, Designation & Remediation of Chapter 5 Contaminated Land
5.1 Internal Management Arrangements for Inspection and Identification Within the Council the Environmental Services Department has the responsibility for implementing Part IIA. The Environmental Protection Unit within the Environmental Services Department is made up of staff specialising in environmental pollution matters. The EPU staff will carry out the day to day implementation of the inspection strategy, under the direction of the manager of the Environmental Protection Unit. When the stage is reached that a remediation notice is necessary, consultations with the Borough Solicitor will be undertaken. Approval by the Head of Consumer Protection will then be sought before service.
Elected members will be informed at the earliest opportunity of any plans to designate an area of Council owned land, or where the Council is the appropriate person and may be liable for remediation costs. The Environmental Protection Unit will also inform the other Council Departments who manage or otherwise use the land in question.
5.2 Considering Local Authority interests in Land As indicated in the Timetable (Appendix 3) the inspection of the Council’s land will begin upon publication of the strategy. The Environmental Protection Unit intends to liase with officers of other Council Departments including Property Services to consider the information gathered on Council land and thereby agree any detailed inspection including intrusive monitoring requirements. Regular meetings will be arranged, as more information becomes available during the implementation of the strategy.
5.3 Procedures relating to other Regimes that interact with Part IIA As mentioned in other parts of the strategy document, other regulatory actions are taken under other regimes to deal with land contamination. Overlaps with planning, building control, water pollution, waste management licensing and IPC (soon to be IPPC) legislation are considered the most important and these are summarised in Appendix 4. Part IIA will be used in the instances where the other legislation does not quite apply, and the statutory criteria for Part IIA are met.
5.4 Detailed Inspection Work During the general inspection work on land within the Borough (Areas 1 to 4 and Council owned land as detailed in the timetable) land where possible pollutant linkages exist have to be identified. The Council is then required to carry out a more detailed inspection of these areas to: 1. Determine whether that land is contaminated land; and 2. Decide whether that land is a special site for Environment Agency control.
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To show that land is contaminated land there must be the source-pathway-receptor link. However, there must also be ‘significant harm being caused or the significant possibility of such harm being caused’ or ‘the pollution of controlled waters is being or is likely to be caused’. To determine contaminated land a risk assessment on a source-pathway-receptor link must be used in the detailed inspection work as explained below.
To determine that a piece of land is contaminated land the evidence must include the actual presence of a pollutant. The prioritisation work from the initial inspection studies without ground investigation data is not sufficient for any land to be designated. Therefore, a detailed inspection must include some new ground investigations or the assessment of ground investigations already carried out. It is also intended that some urgent sites requiring detailed inspections will be ascertained in the first three months of the strategy’s implementation by reviewing the critical files within the Council’s records. The procedure involved in ascertaining information to determine land contamination is summarised in Box 5.1.
Box 5.1: Detailed Information gathering to determine if land is Contaminated
Information Review: There will already have been a review of information of the Council’s records. However, to gather more information other bodies will be contacted. Initially they will most likely comprise the land owner/occupier and any other appropriate person in addition to the Environment Agency. The land owner/occupier may or may not 1. be the appropriate person. Other bodies will be contacted if the Council considers that they might have helpful information i.e. English Nature. The information will be reviewed and site specific discussions will be carried out with the land owner/occupier and any other appropriate person.
Site Visit: At the same time as the discussions and assessment of information, the site under study will be visited. This is thought beneficial even though no intrusive and detailed ground investigations are likely at this point. However, it may be appropriate to 2. take some surface samples and/or record gas levels at the surface (or from available monitoring points if present). The Environmental Protection Unit has this basic capability through its laboratory and testing equipment at present.
Site Investigation: If the evidence is inconclusive as to whether or not the land is contaminated land then more information will be obtained and it is likely that this will be site investigation information. The Council will therefore enter into discussions with the land owner/occupier and any other appropriate person explaining that further information is required for the Council to conclude the inspection of the land. The Council will 3. encourage the appropriate person or land owner/occupier to carry out the investigation work. However, if this co-operation is not forthcoming the Council will consider, subject to funding and the perceived risk of any potential problem, carrying out the ground investigations itself, in order to fulfil its statutory duty.
As the number of sites requiring detailed inspection work becomes apparent after July 2001 when the timetable is implemented, it will become possible to schedule the detailed inspection work. Complaints or information may also be received that give a cause for concern and thereby initiate detailed inspections.
The Council has a limited in-house capability for carrying out ground investigations. The Council will initially visit and perhaps take some surface soils for contamination testing. To obtain enough site information to determine contaminated land, a comprehensive sub- surface and water testing survey may also be needed in some instances. Consultants would be employed by the Council to carry out this work. The Environmental Protection Unit
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has extensive experience of using environmental consultants on land contamination projects. The Environmental Protection Unit will review by use of the current guidance the proposals and final reports for any site investigations/risk assessments on suspected contaminated land. Advice from the Environment Agency will be sought as appropriate.
Upon completion of the detailed inspection work a determination of whether or not the land is contaminated land will be made. When the determination is made the land owner/occupier and any other appropriate person will be notified that the land is contaminated land. If at any stage the Council considers, on the basis of information obtained from the detailed inspection, that there is no longer a possibility that a particular pollutant linkage exists on the land, the Council will not carry out any more detailed inspection for that pollutant linkage. In the case of special sites, discussions with the EA will be carried out before making any determinations or designations.
5.5 Detailed Inspection Work and Risk Assessment The Council’s Environmental Protection Unit will carry out limited assessment work on the ground investigation data. In many cases, particularly water pollution issues, the risk assessment work required is complex and an environmental consultant will be required. Where consultants have carried out the ground investigations the Council will request that they interpret the data obtained and provide an assessment of risk in their report. Advice from the Environment Agency will be sought as appropriate.
Although the Council will require technical support and advice from environmental consultants from time to time the statutory responsibility for determining whether a piece of land is contaminated land always rests with the Council.
5.6 Format of Information from detailed Inspection Work It is anticipated that the detailed inspection information will consist of documentary information, site observations, site investigation reports, and risk assessment reports. For sites where detailed inspection is undertaken there will be a paper file for each site with the intention of transferring key data to the GIS databank. The Council is fortunate to have retained old records dating back to the late 1950s (on closed landfill sites and some old industries) and the records on detailed inspection will build on this type of file where available.
5.7 Frequency of Inspection The frequency of detailed inspection is dependent on the number of sites found and the availability of funding for intrusive works if necessary. Presently it is intended that each closed landfill site or suspected contaminated industrial site will be visited at least once to visually assess the state of the land.
5.8 Powers of Entry onto the Land If entry onto a piece of land appears necessary for a site investigation and the owners consent is not forthcoming the Council has statutory powers of entry to carry out these investigations. These powers are under Section 108 of the Environment Act 1995 and the
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Council may authorise a person to carry out these investigations as part of its inspection of land duties. Before the Council carries out an inspection of land using its statutory powers of entry the Council will have to be satisfied that on the basis of the information already obtained that: a) There is a reasonable possibility that a pollutant linkage exists on the land; and b) It is likely that a contaminant is present; and c) Given the current use of the land a receptor is actually present or likely to be present.
5.9 Designating Contaminated Land If the land is contaminated a written account of the determination will be made and the land will be designated as contaminated land. The steps to be taken to designate the land as contaminated land are outlined below in Box 5.2.
Box 5.2: Designating an area of contaminated land 1. Write to the land owner/occupier, any other appropriate person and the Environment Agency at least 5 working days prior to designation, explaining in summary the reason for the designation 2. Write to the land owner/occupier and any other appropriate person notifying them that the land has been designated as contaminated land and seek remediation without the service of a remediation notice 3. If requested, dispatch a copy of the written risk assessment to the owner/occupier and any other appropriate person within 5 days of the receipt of such a request 4. Forward information exchange form with any details requested to the Environment Agency 10 days after determination. Inform any other persons or bodies who have had an interest in the determination work after the designation (e.g. English Nature, complainants, adjoining landowners)
5.10 Designating Special Sites Before inspecting any land using the Local Authority’s statutory powers of entry, the Council will have to consider if it has information that the land may be a special site for EA control, if subsequently found to be contaminated land. For this situation to occur the land will meet the description of special sites in the Contaminated Land (England) Regulations 2000 or there will be a reasonable possibility of a pollutant linkage requiring special site designation. The Council will then as advised in the statutory guidance make arrangements with the Environment Agency for the Agency to carry out the further detailed inspection of the land. The Environment Agency will therefore be carrying out the inspection work on behalf of the Council however the Council still has the sole responsibility for determining whether or not the land is contaminated land.
When the Council has decided that an area of land is contaminated land it will also consider whether or not the site is a special site, as the Environment Agency is the enforcing authority for such sites. The Council will use the advice in regulations 2, 3 and 3c in the Contaminated Land (England) Regulations 2000 to decide upon whether the contaminated land should be a special site. The list of types of contaminated land required to be designated as a special site is definitive and the Council will consult with the Agency before giving notice of its decision in writing. When designating a special site the
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consultation procedure will be as for designating the land as contaminated land. The Environment Agency can also inform the Council that it is designating an area of contaminated land as a special site.
Hillingdon does have within its boundaries a number of sites that seem to be within the definitions of special sites as in the Contaminated Land (England) Regulations 2000. These sites include some landfills, Ministry of Defence land and land used for explosives’ manufacturing. It is not possible to speculate how many of these sites are contaminated, however they will be a priority for detailed inspection.
5.11 Securing Remediation for the Contaminated Land in the London Borough of Hillingdon Whenever possible the Council will take a co-ordinated corporate approach to the remediation of contaminated land thereby: S Promoting the improvement and sustainable redevelopment of the contaminated land and its surrounding area; S Meeting the policy objectives of the Council, and adjacent Local Authorities if affected; and S Achieving the aims of the landowners. If appropriate a planning development brief will be prepared by the Council in consultation with all of the interested parties to guide and promote the redevelopment of land including its remediation.
Remediation often occurs as part of redevelopment proposals. Where possible, remediation will tie into regeneration initiatives to ensure that end uses meet the regeneration requirements and to ensure that a multi-agency approach occurs both with Council Departments and national organisations such as English Partnerships. This will encourage the possibility of sharing both costs (applying for SRB funds) and expertise.
When remediation is being considered the Council will ensure that existing wildlife interests on contaminated land are considered, and where viable will consider the merits of nature conservation as a possible end use for such sites. This will be in keeping with the criteria to be set out in the UDP based on the UK Biodiversity Action Plan and the Mayor’s Biodiversity Strategy, especially to encourage nature conservation in areas that have a deficiency in biodiversity. The advice of the appropriate organisations will be sought when considering nature conservation as an end use.
If the remediation of contaminated land cannot be agreed and dealt with under the planning redevelopment procedures for land in the Borough, the Council will meet its duties under Part IIA by the notification of contaminated land and take further action in ensuring the remediation of the land. The exception is at special sites where the Environment Agency will take further action. The possible actions that the Council can take are listed in Box 5.3.
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Box 5.3: Council Actions to bring about the Remediation of Contaminated Land 1. Endeavour to agree volunteered remediation by the appropriate person(s) who will carry out the remediation at the land. The Council will assess the proposed actions in any remediation statement and then review the claimed remediation when carried out. 2. If no remediation is volunteered, or the actions taken following a remediation statement are not adequate, the Council will take the following action: Consult the appropriate person(s) before providing a written remediation notice requiring that person(s) to carry out the relevant remediation actions. 3. The Council will check that the remediation notice has been complied with and if so may on request confirm that, on the basis of available information, no further enforcement action is necessary. Under Part IIA there is no formal signing off procedure. Non-compliance with a remediation notice is an offence.
A person served with a remediation notice by the Council may initially appeal to a Magistrates Court. The grounds of appeal are set out in regulation 7 of the Contaminated Land (England) Regulations 2000. Guidance on the remediation of contaminated land is detailed in Chapter C of Annex 3 of the Statutory Guidance. Guidance on the exclusion from, and apportionment of liability for remediation is detailed in Chapter D of Annex 3, of the statutory Guidance.
It is possible that there may be no appropriate person found to bear the costs of remediation or there may be hardship considerations. In this case the Council or the Environment Agency may need to carry out the remediation of an area of contaminated land to meet their statutory duties. Costs can in some cases be recovered by a charging notice on the land or by obtaining funding from DETR under the SCA scheme. The Council may also apply for SCA funding when carrying out remediation on land where the Council is responsible for the contamination.
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Chapter 6 General Liaison and Communication
6.1 Consultation and Liaison Much of the work proposed in this strategy will be collaborative and will require effective liaison with other bodies. As the Council’s leading section on Part IIA the Environmental Protection Unit is to retain a list of the bodies, statutory and otherwise, who have an interest in contaminated land matters. As far as practicable individual contact points will be found for each body for efficient communications.
6.1.1 Statutory Consultees Contact has already been established with all of the statutory consultees with individual officers identified. The statutory consultees are listed in Box 6.1 (also see Chart 1.1, page 5). More information on the consultees is available in Appendix 5. The responses made by these organisations to the draft contaminated land inspection strategy have been incorporated into this document as far as possible.
Box 6.1: Statutory Consultees for the Contaminated Land Inspection Strategy S Environment Agency S English Nature S English Heritage S English Partnerships S Ministry of Agriculture Fisheries & Food S Food Standards Agency
Following publication, during the implementation of Part IIA the advice of the above organisations will be sought as necessary. In particular the Council will liase with and seek the advice of the EA regarding the implementation of Part IIA. The point of contact for the Council is at the Agency’s North East Thames area office in Hatfield, and discussions and meetings on Part IIA are already being undertaken with staff from the North East Thames area. Details of how the information is to be exchanged between the Council and the Agency are given in the ‘Information Collection, Evaluation & Management’ section of this document, under ‘Provision of Information to the Environment Agency’.
6.1.2 Non-statutory Consultees Aside from the statutory consultees, the Council has consulted/informed major landholders and developers in the Borough as well as organisations involved in environmental matters by the use of a letter explaining the issues. The executive summary to the strategy was also sent attached to the letter. A list of the non-statutory consultees and selected interested parties is given in Appendix 1. The responses received have been incorporated into the document as far as possible.
The Council has maintained a good working relationship with developers of industrial land, especially in the last twenty years, and there have been many positive benefits to the public. In particular large areas of parkland have been made available. Other benefits are a
38 London Borough of Hillingdon Contaminated Land Inspection Strategy, 2001 generally cleaner environment and the availability of new office space and jobs. It is in the interests of the community of the London Borough of Hillingdon that the strategy is successful, as the clean up of land will bring many positive benefits. It is hoped that the landowners and the general community will maintain an interest in the contaminated land issues during the implementation of the strategy. See the back cover for information on contact details and translation service.
Hard copies of the strategy will be kept at the main Hillingdon libraries and at the Environmental Protection Unit’s office in the Civic Centre. The strategy will also be available on the London Borough of Hillingdon website.
6.2 Communicating with ‘responsible persons’ including ‘owners’ and ‘occupiers’ of contaminated land, and other interested parties The Council’s approach to its regulatory duties for contaminated land will be to seek voluntary action before taking enforcement action. This will mainly be through the planning redevelopment process. This is the approach preferred by the Government and there are incentives such as funding from English Partnerships or similar organisations to encourage brownfield developments. Landfill tax may also be exempted in the case of voluntary remediation.
This approach requires effective communication with all of the parties involved with the contaminated land. The Environmental Protection Unit will be the central contact point within the Council on contaminated land issues and as such will liase with all of the involved parties throughout the inspection, site investigation and remediation stages. This will be regardless of whether or not there is a formal designation of contaminated land.
When there is a formal designation of contaminated land by the Council it is essential that there are good communication procedures in place. The general procedures are detailed in the ‘Chapter 5: Procedures for carrying out Detailed Inspection Work and Remediation’.
6.3 Risk Communication Due to the complex nature of land contamination issues it is essential that the Council use effective methods for risk communication. Communicating with interested parties about contaminated land is likely to involve many different issues outlined in Box 6.2 below.
Box 6.2: Issues to consider when dealing with Contaminated land Any land contamination issue is likely to involve a range of considerations, for example: S Environmental impact to air, land and water S Ecological considerations S Health considerations S Economic impact (blight/property values) S Visual intrusiveness S Effects on buildings S Social impact
39 London Borough of Hillingdon Contaminated Land Inspection Strategy, 2001
The perception of risks from land contamination will be influenced by a range of factors, and will be different for the various interested parties. It is thought that there are critical barriers to risk communication that make it difficult for affected or interested parties to accurately assess the risk to themselves or others. These barriers are listed in Box 6.3.
Box 6.3: Barriers to effectively communicating Risks Barriers to risk communication include the following: S Unfamiliar issues causing concern S Lack of control within the issues causing concern S Nearby events (proximity) causing concern S Short-term effects causing immediate concern S Long term effects causing concern especially if the contamination is not totally removed S Large scale events appear much worse than smaller scale events especially if there is media coverage and perhaps the risks have not been explained in detail S Lack of understanding can lead to stress and make further explanation more difficult, ‘the dread factor’ Concern, can ironically make it difficult to grasp the true nature of the risk.
There is technical advice on risk communication and it is the intention of the Council to use this advice along with its own experience to provide accurate assessments of land contamination to others including the general public. The Council will treat any concerns raised by a member of the public or others seriously and with respect, recognising the importance of the issue to the individual. It is anticipated that the Council will communicate risk by identifying whom to communicate with before setting up an early dialogue. Clear, transparent information on land contamination is an objective so that the issues at any specific site are not misunderstood.
The contaminated land legislation only grants to the Council limited powers to deal with contaminated materials present in, on or under the ground. Action can only be taken in cases where the land is found to be contaminated land as defined in the statutory guidance. This means that the Council cannot require the removal of material that is not natural ground within properties or sites unless the definition of contaminated land is met. Some members of the public may find this difficult to accept. The Council will investigate each property or site on it’s individual characteristics and endeavour to provide a clear assessment of risk explaining the reasons why the land is, or is not contaminated land.
6.4 Other Communications’ Tools: The Public Register The public register will be used as a communications’ tool and will be available at the Civic Centre with information on land contamination. The information available within the register will be as prescribed in Schedule 3 to the Contaminated Land (England) Regulations 2000. The details are given in ‘Chapter 4: Information Collection, Evaluation & Management’.
40 London Borough of Hillingdon Contaminated Land Inspection Strategy, 2001
Chapter 7 Review Mechanisms
7.1 Re-inspecting Land This strategy outlines the general approach to inspecting land in the London Borough of Hillingdon for contamination. The timetable in Appendix 3 shows the general inspection framework. Within the general approach to inspecting land the Council may need to re- inspect land either as a routine re-inspection or because changes in the information held by the Council trigger the need to revisit land already inspected. Box 7.1 outlines possible triggers for re-inspection.
Box 7.1: Triggers for undertaking non-routine Inspections S Unplanned events (spills, accidents, floods etc.) S Proposed or unplanned changes in use of the land (new receptors could be introduced on potentially contaminated land such as housing development, a park, a new nature reserve etc.) S Responding to information from statutory bodies, owners or occupiers of land, the public or other interested parties S Reports of localised health effects that seem to relate to a particular area of land S Supporting voluntary remediation when this is offered before the Council has inspected the land S Responding to reports sent to the Council detailing unusual or abnormal site conditions
Part IIA requires the Council to inspect its area from time to time for the purposes of identifying contaminated land. Therefore the Council will have to re-inspect areas of land in the Borough. This re-inspection will be dependent on a number of factors, listed in Box 7.2, and including the triggers in Box 7.1.
Box 7.2: Factors affecting the rate of re-inspection of Land S Area of land already inspected S The historical and current use of land, the best estimate proportion of potentially contaminated land S Redevelopment plans for the Borough S Level of remediation carried out in relation to known contaminated land S The extent to which contaminated land of concern has been identified and major contamination problems identified S The need to assess Council land, potentially contaminated land and potential receptors S Availability of resources for investigations
41 London Borough of Hillingdon Contaminated Land Inspection Strategy, 2001
The re-inspection work will be based on the outcome of the initial timetable of work. It is anticipated that areas of the Borough with many closed landfill sites and key industrial sites will be re-inspected.
7.2 Review of Inspection Strategy The Environmental Protection Unit will review the progress made in implementing the strategy after 1 year in July 2002. Some of the questions that are likely to be asked as part of this review are listed in Box 7.3.
Box 7.3: Review questions for the Inspection Strategy In particular the following questions will be asked: S Is the area by area inspection work on target? S Has there been sufficient work to inspect Council land? S Are the known urgent sites being adequately assessed and how many such sites have been found? S What work has been carried out in assessing the threat to controlled waters? S Has the Council been successful in obtaining SCA funding for the intrusive inspection work or remediation? S How does any new technical advice since July 2001 influence the Council’s approach? S Has the inspection work in 2001-2002 revealed the amount of contaminated land in the Borough expected to be found, by the Council?
It is anticipated that adjustments to the strategy will be required, as the amount of work becomes more fully defined. Reviews are anticipated each year after July 2002. The members of the Council will be kept informed of the progress of the strategy and the findings of the review will be reported to the Environment Committee.
It is intended that the findings of the yearly review will be added to each strategy document as an addendum. In this addendum an explanation of how the inspection work during the previous year affects the Council’s strategy will be given. The questions in Box 7.3 above will be taken into account.
The strategy will be rewritten when the timetable of inspection work in Appendix 3 is completed or earlier if major revisions are necessary on the basis of the new information found during the implementation of the strategy. The Environment Agency will be consulted on any revisions to be made to the document.
42 London Borough of Hillingdon Contaminated Land Inspection Strategy, 2001
References
Legislation & Guidance 1. The Environmental Protection Act 1990 and the Environment Act 1995; HMSO. 2. The Contaminated Land (England) Regulations 1999; HMSO. 3. DETR Circular 2/2000; HMSO. 4. Contaminated Land Inspection strategies, Technical Advice for Local Authorities, DETR (Draft for comment, April 2000); HMSO. 5. Local Authority Guide to the Application of Part 2A of the Environmental Protection Act 1990, Environment Agency (Working Draft 01). 6. BGS Report Technical WE/99/14 & Environment Agency National Groundwater and Contaminated Land Centre Project NC/06/32; Some Guidance on the use of digital environmental data; March 2000. 7. Local Environment Agency Plans (LEAP plans) for the Colne (Consultation, Second Draft) and North London (Environmental Overview). 8. Documentary Research on Industrial Sites CLR3 1994. DETR. 9. Communicating Understanding of Contaminated Land Risks, SNIFFER 1999. 10. Websites of the DETR, the Environment Agency, English Nature and MAFF.
London Borough of Hillingdon Documents 1. Hillingdon Unitary Development Plan; LBH Planning and Transportation Services; Adopted September 1998. LBH. 2. Hillingdon Local Agenda 21: Our Common Future for Hillingdon; published by the Hillingdon Local Agenda 21 Steering Committee and Corporate Communications, London Borough of Hillingdon; 19 December 2000. LBH.
Other Information 1. Landmark – Historical Maps. 2. Wildlife 2000: A Status Report for Hillingdon; compiled by members of the Hillingdon Natural History Society; May 2000. 3. Pugh, R. B. (Ed.); The Victoria History of the County of Middlesex, Volumes 3; Published for the University of London Institute of Historical Research by Oxford University Press; London; 1962. 4. Cockburn, J. S. & Baker, T. F. T. (Eds.); The Victoria History of the County of Middlesex, Volumes 4; Published for the University of London Institute of Historical Research by Oxford University Press; London; 1971. 5. Kelter, Catherine; Hayes Past; Historical Publications Ltd, 1996. 6. Bowlt, E. M.; Ickenham & Harefield Past; Historical Publications Ltd; 1996. 7. Forest of Dean District Council: Contaminated Land Inspection Strategy (Draft); November 2000; www.f.web.org.uk/fddc/contamination 8. Responses to Consultation on the Draft Contaminated Land Inspection Strategy.
43 Appendices Appendix 1: List of Interested Parties (Non-Statutory Consultees) Organisations Surrounding Boroughs
Health & Safety Executive Buckinghamshire County Councils Ministry of Defence London Borough of Ealing British Waterways London Borough of Hounslow Heathrow Airport Ltd (BAA) London Borough of Harrow British Airways Spelthorne Council British Gas Property South Buckinghamshire District Council Thames Water plc Three Valleys Water Friends of the Earth London Wildlife Trust Hillingdon Natural History Society Main Mineral Extractors and Landfill Companies Main Commercial Developers Main Residential Housing Developers
Appendices 1 Appendix 2: Industrial History of the Parishes in the London Borough of Hillingdon Industry Parish Agriculture/Horticulture Mineral Extraction Manufacturing Industry th Harefield Farming largely remains in the area, with The area was dug for lime and chalk as far In the 19 Century, industrial development took place th agriculture predominant in 1959. back as 1318. along canal banks. Late in the 19 Century, a mineral · 1813 – there are 20 farms in the parish · 1813 – lime kilns in existence, lime water company settled in the north of the parish, and · 1845 – watercress grown in the north-west continued to be produced until at least was still there in 1959. corner of parish 1902 · After WWI British Asbestos moved into the area th · 1913 – still 20 farms in the parish · 1816 – chalk pits were in existence · In the first half of the 20 Century small light · 1947 – there were 3 horticultural holdings · 1831 – stone was being quarried industries appeared in the village such as clock (covering 453 acres) makers and light engineering works · 1959 – at least 12 farms in the parish Harmondsworth During the middle ages arable farming pre- · 1930s – brick-works near Heathrow Not withstanding the paper mills, there was little dominated in the manor, with some dairy and · 1937 – there were 5 firms dealing with industry here before the 20th Century. Even by 1960, pig farming. sand and gravel and one brick-making there was very little industrial development compared Before the 19th Century comparatively little concern to near by parisihes. inclosure had taken place. · 1820s – printing works in Longford · 1819 – 1170 acres of waste and 1100 · Late 1890s – Jam factory at Sipson acres in fields and meadows were · 1929 – the opening of the Colnebrook bypass enclosed. Inclosure had very little lead to industrial development along the Bath immediate effect on agrarian practice. Road · 1936 – Technicolor Ltd opened factory · 1938 – Penguin Books (later acquired premises in W. Drayton also) · 1940 – Black & Decker Ltd The Largest single industrial unit in the parish is Heathrow Airport. Hillingdon Essentially agrarian until the early 19th Century. Exploitation of brickearth began in the early Industry was on a smaller scale: th · 1670 – large areas of parish grass was 19 Century in south Hillingdon: · 1868 Hillingdon varnish works (still there in 1895) used for supplying hay for the London · 1815 – brickearth exploited on a more · 1898 – Para Rubber Mill, Coconut Fibre Mill and Market commercial scale with the opening of a chemical works moved to the area · 1801 – 1,129 acres of arable land in the small fields between Cowley Hall and parish Yiewsley Agriculture started to wane from 1820s onwards as large amounts of arable land was leased for the extraction of gravel and Brickearth. NOTE: the information is for parishes, some of whose areas may fall outside the borough boundary.
Appendices 2 Appendix 2 (Continued): Industrial History of the Parishes in the London Borough of Hillingdon Industry Parish Agriculture/Horticulture Mineral Extraction Manufacturing Industry th th Hayes Until the 19 Century, the economy of the During the 19 Century industry in Hayes Small industries such as breweries existed. Major parish was almost exclusively agrarian. Arable virtually confined to brick-making, which Industrialisation of Hayes followed the setting up of farming continued to be predominant after the began after the opening of the Grand the Hayes Development Company in 1899. The enclosure of the fields at various periods in the Junction Canal in 1796. following firms moved into the development south of parish’s history. 1824 – Brick-field at Yeading Botwell in the First 10 years: · 1890 – at least 11 farms 1827 – 5 brick-fields in Yeading and Botwell · 1900 – J K King & Co., making fire proof · 1922 – only two farms left, although two (>45 acres) partitions 1830s – some gravel extraction taking place market gardens and one nursery garden · 1901 – British Electric Transformer Company 1842 – only 2 brick-fields left (~45acres) survived until at least 1937 · 1904 – Goss Printing Company, newspaper Jam factories were a feature of Hayes in the 1864 – many old brick-fields worked out printing machines early 20th Century, based on the local fruit- except Yeading · 1904 – Valentine Ord & Co., sugat products growing industry. 1876 – brick-making still largely in · 1906 – British Turpentine Coporation Yeading 1890 – nearly all worked out, two survived at · 1906 – John B. Erwall, Metal Fitting instruments Dawley · 1907 – Gramophone & Type Writer Company 1951 – the East Acton Brick-works & Estate (HMV which eventually became the site of EMI) Company Ltd in Yeading WWI only reinforced and encouraged further industries to move into the area including: · 1914 – Army Motor Lorries & Wagon Co. · Fairey Aviation Co. Ickenham Before 1910, this exclusively an agricultural community. Agriculture may have been indirectly affected by industry, but it was mainly residential housing developments that - - encroached onto agricultural land. · 1922 – 9 farms survived · 1961 – 2 farms remained NOTE: the information is for parishes, some of whose areas may fall outside the borough boundary.
Appendices 3 Appendix 2 (Continued): Industrial History of the Parishes in the London Borough of Hillingdon Industry Parish Agriculture/Horticulture Mineral Extraction Manufacturing Industry Northalt Until the 19th Century it was exclusively an Light industry on a small scale: agricultural community. After 1920 farming · 1918 – the Greenford Dye Works manufacturing diminished as a result of building developments, patent leather is mentioned, but they were short some of which may have been carried out as a Brickearth exploitation in the south of the lived result of industrial pressures. IS THIS area followed the opening of the Paddington · 1936 – Gaumont British Pictures opened a CLEAR?? branch of the canal in 1801. temporary film studio off the Eastcote Road · 1963 – farming practised on a limited scale · 1834 – first license to dig brickearth · 1937 – Walter Kidd Co. occupied an area west of between Western Avenue and Yeading granted the canal, manufacturing fire protection Brook · 1865 – 2-3 brick-fields near the canal equipment described as ‘old’ 1915 – Northolt Aerodrome (formerly one of the th · Beginning of the 20 Century local Fairey Aviation Sites) brickearth becoming worked out, although A small complex of chiefly light mechanical and smaller concerns continued till 1939. electrical engineering concerns were established since 1937 in Belvue Road and Rowdell Road but the parish continued to be predominantly residential in nature. Ruislip &Agricultural practices dominated the area and Tile and brick-making industries existed from Little industry before 1930 and only limited industrial Northwood changed very little until the Enclosure of the at least the 14th Century. development since then. The oldest established was Common Fields and waste between 1804 and · 1865 – brick-field in west end road Wilkins, Campbell & Co. Ltd began manufacturing 1814 · 1899-1909 – Brick-field Cheney Street, wax and soap in 1915. Eastcote · 1937 – J W Walker & Sons, organ manufacturers move to Braintree Road · 1937 – Air Control Installations Ltd, heating and ventilation in south Ruislip · 1954 – Hirac Ltd, electrical engineering firm, Victoria Road The parish remained predominantly residential in character. NOTE: the information is for parishes, some of whose areas may fall outside the borough boundary.
Appendices 4 Appendix 2 (Continued): Industrial History of the Parishes in the London Borough of Hillingdon Industry Parish Agriculture/Horticulture Mineral Extraction Manufacturing Industry Uxbridge Uxbridge has been described as being a In the 1850s brick-fields were a great source Uxbridge’s status as a parish seems to have been commercial centre since the early part of the of wealth for the parish built on the back of the corn industry. During the th 12 Century. There is no suggestion of land · 1874 – deposits near Uxbridge were 1840s there were 13 cornmills in the vicinity. being used for farming. said to be exhausted · 1814 – Plate glass mills · 1884? – Broad & Co. are a major player · 1800-1898 – several iron works and a steel employing up to 500 mean. During this barrel works open period gravel was also being extracted · 1830-50 – in area near canal, gas works, parchment works, oil mills, mustard mills · 1869 – there were 5 breweries, of which the last to close was Harman’s Uxbridge Brewery Ltd, in 1964 · 1948 – Uxbridge Trading Estate is opened between the canal and the Colne river by the Local Authority, containing about 50 firms Yiewsley & Farming had existed in the area at least from There is evidence of small scale exploitation Mills were the predominant industry for nearly a West Drayton 1086. It was considered good land for grazing. of brickearth back in the 16th Century, millennia, and were mentioned in a 1086 survey. · 1816 – market gardens began to appear however, brick-making on a commercial · 1876 – Daniel & Richard Mercer’s mill (claimed before this date scale seems to have only appeared in the to be largest millboard mill in existence) th · 1824 – farming begins to decline 19 Century. There was also exploitation of · 1905 onwards mill operated by a succession of · 1866 – 35 acres devoted to fruit growing gravel beds, and Goodman Price Ltd were private companies till about 1903 · 1870 – the chief crops grown are described working pits in 1958. · 1948 – acquired by Penguin Books Ltd to as wheat, barley, oats and fruit Some of the earlier brick-fields exploited are manufacture paper · 1894 – old Drayton Field had been laid out thought to have been located mainly in · 1946 – Road Machines (Drayton) Ltd, civil in orchards, nurseries or market gardens Yiewsley. engineering contracts plant 1930’s and post-war housing developments · 1840 – Steven Watkins, brick-maker · 1946 – Heathrow Airport (and surrounding encroach onto agricultural land. · 1855 – Joseph Thornton, brick-maker housing development destroys any hope of · 1872 – Samuel Popcock, later leasing maintaining the village spirit) the land to Broad & Co. until 1935. Mainly light industries, not enough to affect the its · 1935 – only a few small operations predominantly residential character. remaining in Stockley Local brickearth was being worked out at the beginning of the 20th Century, with the industry beginning to decline. NOTE: the information is for parishes, some of whose areas may fall outside the borough boundary.
Appendices 5 Appendices
Appendix 3: Inspection Timetable 2001 2002 2003 2004 2005 2006
Tasks July August September October November December January February March April May June July August September October November December January February March April May June July August September October November December January February March April May June July August September October November December January February March April May June July August September October November December January February March April May June
Review Information to Ascertain Urgent Sites
Further inspection work on urgent sites
General Borough inspection work Area- 1
General Borough inspection work Area- 2
General Borough inspection work Area- 3
General Borough inspection work Area- 4
Inspection work on Council owned land
Threat to controlled waters
6 Appendices Appendix 4: Other Regimes that Interact with Part IIA
Planning The vast majority of contaminated land issues are currently addressed through the planning regime, where contamination is a material consideration. There is a close consultation between the Environmental Protection Unit and the Planning Department in the assessment of planning applications under the Town and Country Planning Act 1990. The Planning Department consults the EPU when an application involves land contamination matters and a suitable condition to effect investigations and/or remediation is applied to any permission given. In the case of water pollution issues within planning applications the Planning Department may attach a second contaminated land condition relating specifically to the water environment. To confirm that the contaminated land conditions have been complied with the Planning Department obtains the advice of the EPU and/or the EA. This procedure will continue to apply and in most cases the enforcement of any remediation requirements will be through planning conditions (and building control), rather than through a remediation notice. The current inter-departmental consultation arrangements are believed to be sufficiently robust to encompass contaminated land issues.
Building Control In addition to applications for planning permission developers of buildings upon land must comply with the Building Regulations 1991 (made under the Building Act 1984). Most development sites are inspected by the Council’s Building Control Department under the Regulations although some developers use private companies to carry out this inspection work. Part C (C2, Section 2) of these regulations provides advice and procedures on dealing with contamination.
As with planning there is a close consultation between the EPU and the Building Control Department when contamination issues are likely to affect a building. Following a consultation on a building development the Building Control Officer will require measures to protect the fabric of new developments and their future occupants from the effects of contamination. This arrangement is sufficiently robust and will continue to be carried out.
Water Pollution Sections 161 to 161D of the Water Resources Act 1991 give the EA powers to take action to prevent or remedy the pollution of controlled waters. The EA has a policy statement titled the EA Policy and Guidance on the use of Anti- pollution Works Notices. The EA can use a works notice under Section 161A of this Act to require remedial actions to be taken. There is therefore a potential overlap with part IIA where a remediation notice is used to clean-up a site.
Although taking an interest the Council has in the past generally referred water pollution issues to the EA for statutory action. Under Part IIA the Council anticipates that it will have to use the Part IIA enforcement mechanisms where the site is not a special site or works notices are not appropriate. Generally the EA and DETR advise the use of the Part IIA regime where the identification of contaminated land has been confirmed.
The Council will therefore consult with the EA before designating any contaminated land as a result of the risk to controlled waters and take into account any comments made with respect to remediation. The use of the other powers available to the EA will be considered at this stage.
The EA is expected to consult with the Council if it identifies a risk to controlled waters where action under Part IIA seems appropriate to enable the designation and remediation of the land to be progressed. In all consultations between the Council and the EA a prime consideration will be whether or not any land affecting controlled waters is a special site. The statutory guidance and regulations will be applied.
Waste Management Licensing Where a waste management license under part 2 of the Environmental Protection Act 1990 is in force at a site Part IIA does not normally apply. This is because the conditions of the waste management licence should deal with any pollution problem. If the pollution is from a source other than a breach of the site licence or licensed activity then action under Part IIA can be taken.
Part IIA cannot be used to effect the removal of controlled waste as there are powers Section 59 of the 1990 act to effect the removal of waste.
Remediation activities on land may need a waste management licence.
Integrated Pollution Control (IPC) The authorisations given to site operators by the EA under Part 1 for IPC of the 1990 Act give the EA the power to remedy harm caused by a breach of the IPC controls. These breaches can include land contamination. Part IIA cannot be used to remedy such a breach. A new regime, Integrated Pollution Prevention and Control (IPPC) is soon due and the same relationship applies.
7 Appendices
Appendix 5: Contact details of Statutory Consultees/Liaison Officers Contact Address Telephone
Alistair Norton, Environment Agency 01707 – 632 300 North East Area North East Region 2 Bishops Square Business Park Contaminated Land Officer St Albans Road West Hatfield Herts AL10 9EX English Nature Alexandra Machin, 020 7831 6922 London Office Conservation Officer Ormond House 26/27 Boswell Street London WC1N 3JZ
Roger Mascall, English Heritage 020 7973 3000 London Region Historic Buildings & Areas 23 Savile Row Inspector London Jon Finney, W1X 1AB Principal Architect/Planner (LBH) Ministry of Agriculture, Fiona Reynolds, 020 7238 5426 Rural & Marine Environment Fisheries & Food Division, Sustainable Room 311, Agriculture Branch 16 Palace Street London SW1E 5FF John Navaratnam, English Partnerships 020 7976 7070 Project Manager Corporate Headquarters Eymr Poole, 16-18 Old Queen Street Environmental Policy Officer London SW1H 9HP
Food Standards Agency Dr Patrick Miller, 020 7239 5751 Contaminants Division PO Box 31037 Room 238, Ergon House 17 Smith Square London SW1P 3WG
8 Appendices
Appendix 6: Glossary of Terms and Acronyms
The following list of terms have been presented to aid the layperson. Some terms from the glossary of the DETR Circular 2/2000 are also included for convenience. Please refer to the circular, which can be found in the local libraries’ reference sections, if more detail is required.
Abstraction points Points where water is removed from surface water or groundwater, usually by pumping.
Agency Refers to the Environment Agency.
Agenda 21 A comprehensive programme of worldwide action to achieve more ‘sustainable development’ for the 21st century. UK government adopted the declaration at the UN Conference on Environment and Development (the Earth Summit) held in Rio de Janeiro in 1992.
Alluvium Referring to materials eroded, transported and deposited by the action of river flow.
Ancient Monuments (Scheduled) These are sites of national importance where the provisions of the Ancient Monuments and Archaeological Areas Act 1979 apply (as amended by The National Heritage Act 1983).
Appropriate person Defined in section 78A(9) as ‘any person who is appropriate person, determined in accordance with section 78F…, to bear responsibility for any thing which is to be done by way of remediation in any particular case’.
Arcview See GIS.
Aquifer Underground water source – water-bearing rock. See also Major-, Minor- and Non-aquifer.
Biodiversity The variety of life on earth, the full range of species and habitats that support them, as well as the genetic variation between species. The term became current at the Rio Earth Summit in 1992, wher eover 150 nations signed the Biodiversity Convention.
Borehole A hole for the abstraction of groundwater usually by pumping, also used for monitoring purposes.
Brownfield sites These include vacant land or premises, underused or underdeveloped land, outdated or derelict premises, land that is likely to be redeveloped in the next 5 to 10 years and previously developed sites in the Green Belt. A fraction of Brownfield sites are likely to be contaminated by previous use.
Catchment The total area from which a river collects surface water.
CD-ROM Read only CD for use in a computer.
9 Appendices Contaminant A substance which is in, on or under the land and which has the potential to cause harm or cause pollution to controlled waters. (Paragraph A.12.)
Contaminated land Any land which appears to the local authority in whose area it is situated to be in such a condition, by reasons of substances, in, on or under that land that a significant harm is being caused or there is a significant possibility of such harm being caused; or pollution of controlled waters is being, or likely to be caused.
Controlled Waters Controlled waters include all rivers, canals, streams, brooks, drainage ditches, lakes, reservoirs, estuaries, coastal waters and groundwater to which British pollution control legislation applies. Small ponds and reservoirs do not themselves feed other rivers or watercourses are not included within the definition of “controlled waters” unless the Secretary of State defines them as such.
Current use Any use of the land which is currently being made, or is likely to be made, of the land. This definition is subject to certain qualifications (Paragraph A.26).
Database A database is a logical collection of interrelated information, managed and stored as a unit, be it an address book or a computer.
Datasets Sets of information generated by research.
DETR Department of the Environment, Transport and the Regions.
Diffuse Source A source of pollution which is not an identifiable point discharge but includes field or urban run-off, atmospheric emissions or a number of poorly defined discharges. (See point source also.)
Drift Deposits Term used to include all unconsolidated superficial deposits (e.g. alluvium) overlying solid rock.
EA See Agency.
Ecosystem All living and non-living matter within a defined space, such as a lake or a wood, and their interactions.
EPA 1990 See Part IIA.
Enclosure See inclosure.
Enforcing authority Defined in section 78A(9) as the Environment Agency in relation to a special site, and the Local Authority in whose area the land is situated in relation to other contaminated land.
EPU Environmental Protection Unit
10 Appendices Fissures (Fractures) Natural cracks in rocks that enhance rapid water movement.
GIS Geographical Information Systems is a software package capable of showing both graphical information (digital maps) and associated attribute information (from a database). Typical GIS functionality includes data entry, spatial and textual querying, data analysis and the production of hard copy maps. Arcview is one such system.
Green Belt Predominantly open land around built-up areas which has the strategic role of defining the edge of London, limiting urban sprawl, preventing neighbouring towns from merging into one another, safeguarding open countryside from development, assisting in urban regeneration and providing areas for open recreational activity. Within the Green Belt there is a presumption against development.
Groundwater Water in the saturation zone, where all pore space in the sediment and rock are completely filled with water.
Hardship A factor underlying any cost recovery decision made by an enforcing authority under section 78P(2). See paragraphs 10.8 to 10.10 of Annex 2 for a discussion of the interpretation of this term.
Harm Defined in Section 78A(4) as: harm to the health of living organisms or other interference with the ecological systems of which they form part and, in the case of man, includes harm to his property.
HSE Health and Safety Executive.
Hydrogeological Characteristics Characteristics relating to the flow of water through rock (e.g. porosity, hydraulic conductivity etc.).
ICRCL Interdepartmental Committee on the Redevelopment of Contaminated Land.
Inclosure The act of appropriating lands, especially common land, by putting a hedge or other barrier around it. Such acts were carried out in various periods in England, especially between the 12th and 14th centuries and finally in the 18th and 19th centuries.
Industrial and Business Areas (IBAs) Areas designated as the proposed locations for new industrial and warehousing developments.
Inspection using statutory powers of entry Any detailed inspection of land carried out through the use of powers of entry given to an enforcing authority by section 108 of the Environment Act 1995. (Paragraphs B.21.)
Integrated Pollution Control (IPC) Applied by the Environment Agency under the Environmental Protection Act 1990 to control the most complex and polluting industrial processes. It integrates the control of emissions to air, land and water to seek best overall option.
Intrusive investigation An investigation of land (for example by exploratory excavations) which involves actions going beyond the simple visual inspection on the land, limited sampling or assessment of documentary information (Paragraph B.20 (c)).
11 Appendices IPC See Integrated Pollution Control.
Landfill gas Generated in landfill sites due to the decomposition of domestic wastes producing a mixture of gases made up predominantly of methane, which is potentially explosive.
Landfilling/Landfills/Landfilled By in large, licensed sites used for waste disposal into/onto land. Former mineral extraction sites were sometimes used for this purpose.
LBH London Borough of Hillingdon
Leachate Liquor formed by the act of leaching where the removal of soluble substances by the action of water percolating through waste, soil or rock.
Listed Buildings A building of special architectural or historic interest included on a statutory list compiled by the Secretary of State for the Environment (now by the Secretary of Sate for Culture…). Grade I buildings are those of exceptional interest, Grade II* are particularly important buildings of more than special interest and Grade II are of special interest, warranting every effort to preserve them. Listed Building Consent is required before whole or partial demolition, or any alterations which effect the character of the building, can be undertaken.
Local Authority Defined in section 78A(9) as meaning any unitary authority, district council, the Common Council of the City of London, the Sub-treasurer of the Inner Temple and the Under-Treasurer of the Middle Temple.
Locally Listed Buildings Hillingdon Council maintains a Local List, which includes other buildings of architectural or historic interest that make a valuable contribution to the character of the area.
Local Nature Reserves An area of local nature interest generally publicly owned and safeguarded for public education and enjoyment. These areas are designated under the National Parks and Access to the Countryside Act 1949, as amended by the Local Government Act 1972.
MAFF Ministry of Agriculture Fisheries and Food
Major Aquifers Highly permeable strata which generally have a known or probable presence of significant fracturing. They are usually productive and are able to support large abstractions for public supply and other purposes. Layer of porous rock able to hold and transmit water.
Metropolitan Open Land Strategic open space within the urban area, which is significant to London as a whole. These areas may be important in providing attractive breaks in the Built-up area, providing open air facilities or containing features or landscape of historic, recreation, nature conservation or scientific value to the whole or part of London.
Minor Aquifers Fractured or potentially fractured rocks, which do not have high primary permeability, or formations of variable permeability including unconsolidated deposits. Although these aquifers will seldom produce large quantities of water for abstraction, they are important both for local supplies and in supplying base flow to rivers. Major aquifers may occur below minor aquifers
12 Appendices NNR (National Nature Reserve) Designated by English Nature under 1949 National Parks and Access to the Countryside Act. English Nature states that these are “nationally important” places where wildlife comes first. They have been established to protect the most important areas of wildlife habitat and geological features in Britain and as places of scientific research, and are carefully managed on behalf of the nation for the nations enjoyment.
Non-Aquifers Formations, which are generally regarded as containing insignificant quantities of groundwater. However, groundwater flow through such rocks, although imperceptible, does take place and needs to be considered in assessing the risk associated with persistent pollutants. Some non-aquifers can yield water in sufficient quantities for domestic use. Major or Minor Aquifers may occur beneath Non-Aquifers.
Orphan linkage A significant pollution linkage for which no appropriate person can be found, or where those who would otherwise be liable are exempt by one of the relevant statutory provisions (Paragraphs D.12, D.14 and D.17).
OS Ordnance Survey
Outcrop Where strata (rock layer) are at the surface, even though soil cover may obscure them.
Owner Defined under section 78A(9) as “a person (other than a mortgagee not in possession) who, whether in his own right or as trustee for any other person, is entitled to receive the rack rent of the land, or where the land is not let at a rack rent, would be so entitled if it were so let.”
Part IIA Refers to the Environmental Protection Act 1990: Part IIA.
Pathway The route or routes, both direct and indirect by which a contaminant can reach a receptor.
Point Source Source of pollution, which is a discrete, identifiable discharge such as a sewage outfall or industrial discharge.
Pollutant A contaminant which forms part of a pollutant linkage. (Paragraph A.17.)
Pollutant linkage The linking mechanism between a contaminant (pollutant), and its pathway to a receptor.
Potentially Sensitive Receptors These include humans, animals, ecosystems, water systems, buildings and other forms of property, which can be adversely affected by contaminated land.
Receptors See Potentially Sensitive Receptors.
Remedial Action See Remediation.
13 Appendices Remediation The improvement of contaminated land to make them suitable to new uses and their continued monitoring where necessary. It also encompasses, in light of the new legislation, assessment of condition of the land.
Remediation Notice Defined in section 78E(1) as a notice to specify what an appropriate person is to do by way of remediation and the periods within which he is required to do each of the things so specified.
Remediation Statement Defined in section 78H(7). It is a statement prepared and published by the responsible person detailing the remediation actions, which are being, have been, or are expected to be, done as well as the periods within which these things are being done.
Risk Assessment A statistical assessment method that looks at the probability, or frequency of a defined hazard occurring and the extent of its consequences.
Run-off Water that flows over the land rather than infiltrating into the ground.
SCA scheme (Supplementary Credit Approval scheme) A Government grant that can be applied for by Local Authorities to fund contaminated land inspection and remediation.
Significant harm See DETR Circular (2/2000) Chapter A, Part 3 A.22 – A.26.
Significant Pollutant Linkage A pollutant linkage which forms part of a significant pollutant linkage (Paragraph A.20).
Significant possibility of harm See DETR Circular (2/2000) Chapter A, Part 3 A.27 – A.35.
Sites of Borough Grade Importance Areas identified by the London Ecological Unit as of Borough significance for nature conservation. There are two types of Borough sites: Grade I, the best; and Grade II, being other sites, which while not being of the same intrinsic quality as Grade I site, nevertheless do contain important wildlife habitat.
Sites of Local Importance Areas aimed chiefly at remedying deficiencies of locally accessible wildlife sites. They do not have the intrinsic nature conservation interest of Metropolitan or Borough sites, but have at least some wildlife value or potential for such use.
Sites of Metropolitan Importance for Nature Conservation Area identified by the London Ecological Unit as of metropolitan significance for nature conservation.
Source Protection Zones A defined geographical area in which protection is given to a groundwater abstraction point. All sources, including springs, wells and boreholes are liable to contamination and need to be protected. Three groundwater protection zones are recognised: Inner Source Protection (Zone 1), Outer Source Protection (Zone 2) and Source Catchment (Zone 3).
Special sites Sites for which the Environment Agency rather than the Local Authority is the enforcing authority for the purposes of the Part IIA regime. These include IPC sites, nuclear sites, pollution of controlled waters, MOD sites and sites where explosives’ manufacturing has taken place.
14 Appendices SRB Funds Single Regeneration Budget (SRB) was created in 1994 and brings together programmes from several Government Departments to provide resources to support regeneration initiatives to enhance the quality of life for local people. The SRB in London is administered by the London Development Agency.
SSSI (Sites of Special Scientific Interest) Notified by English Nature as an area under the Wildlife and Countryside Act 1981, or special interest for its importance to nature conservation.
Stakeholder Person or organisation affected by decisions and actions.
Suitable for use ‘The ‘suitable for use’ approach focuses on the risks caused by land contamination. The approach recognises that the risks presented by any given level of contamination will vary greatly according to the use of the land and a wide range of other factors, such as the underlying geology of the site. Risks therefore need to be assessed on a site-by-site basis. The ‘suitable for use’ approach provides the best means of reconciling our various environmental, social and economic needs in relation to contaminated land’, thus following the policy of ‘sustainable development’.
Superficial glacial deposits Unconsolidated sediment deposited directly by glaciers or indirectly by melt water in rivers, lakes and the sea, overlying bedrock or occurring on or near the surface of the earth.
Surface water All streams, rivers and lakes at the ground surface.
Sustainable Development Promotes the well being of all members of the community through meeting social need, improving economic success and protecting and enhancing the environment.
Syncline A fold in rocks in which the rock layers dip inwards from both sides towards the axis.
Tertiary strata A mass of consolidated sedimentary rock occurring in distinct layers, laid down between 70 million and 2 million years ago.
Tributaries and ditches Water sources, river or stream flowing into a larger river or lake.
UDP (Unitary Development Plan) Statutory forward plan that sets out the main considerations on which planning applications are decided and can guide a range of responsibilities of local government and other agencies in relation to development and land use. It is currently under review.
UK Biodiversity Action Plan Produced on behalf of the Government by the UK Biodiversity Steering Group in response to the United Nations Conference on Environment and Development 1992 (the Rio “ Earth Summit”).
WHO World Health Organisation.
15 Appendices Appendix 7: Planning Policies Relating to Contaminated Land
OE11 Planning permission will not be granted for proposals which:
(i) involve the use, storage, installation or processing of explosive, inflammable, corrosive, toxic or other harmful/hazardous substances which are a potential safety risk to existing or proposed development in the vicinity; or (ii) involve an increase in the use by the public of contaminated land which is to remain untreated, unless the local planning authority is satisfied that appropriate ameliorative measures proposed can overcome (i) and (ii) above.
OL21 The local planning authority will support proposals to reclaim/restore damaged, derelict and otherwise degraded land subject to such proposals according with the policies of the plan and other environmental consideration.
OL22 Proposals relating to damaged, derelict and otherwise degraded land should be accompanied by an assessment of its current condition and of any adverse effects on adjacent land. Such an assessment should also indicate as far as practicable, measures that would negate or contain the causes of the land’s unsatisfactory condition.
OL23 Where appropriate, the local planning authority will seek to ensure that schemes to restore/reclaim damaged, derelict and otherwise degraded land include provisions for a period of aftercare continuing for five years after the completion of restoration works. Schemes should provide for the maintenance of the restored land, pollution control measures and the correction of any emerging deficiencies, and may include financial arrangements to guarantee such work for an appropriate period.
OL24 In considering applications which include the restoration of derelict, damaged and otherwise degraded land, the local planning authority will seek to ensure any harm to sites of importance to nature conservation is minimised and that as part of the restoration/aftercare scheme, remaining areas of nature conservation value are enhanced and new habitats created.
16 Appendices Appendix 7 (continued): Planning Policies Relating to Contaminated Land
OL25 Any proposals which are located within or impinge upon comprehensive rehabilitation area defined on the proposal map should incorporate with the following:
(i) the reclamation or restoration on the land to a standard suitable for public access; (ii) cessation of use of land uses (or use of buildings) which is inconsistent with the use of land in Green Belt; (iii) landscape improvements by remodelling and replanting which can subsequently be maintained in accordance with policy OL20B; (refer to UDP) (iv) protection and enhancement of ecological areas which are subject t policy EC1 through appropriate restoration and aftercare; (v) establishment of appropriate open air recreational facilities; and (vi) improvement to footpaths, bridleway and cycleway networks, particularly in the Colne Valley Regional Park.
OL26 The local planning authority will protect trees, and woodlands and encourage the preservation, proper management and in appropriate locations the extension of woodlands proposals for development in the more rural areas of the Borough should be accompanied by proposals for landscaping and tree planting wherever practicable, and the retention of existing landscaping feature where appropriate.
MIN20 The local planning authority will require any new proposals involving landfilling or the re- working or disturbance of old landfill sites to demonstrate the incorporation of gas control and monitoring scheme. The local planning authority also will require applicants wishing to change the use of land restored by landfill to demonstrate that the proposals:
(i) have taken account of landfill gas; (ii) will not result in ancillary activities which could affect any venting of landfill gas or other pollution control measures; (iii) will provide suitable protection of any pollution control measures.
MIN21 The minerals planning authority considers the long-term impact of landfilling on the local hydrogeological regime to be a material consideration. Applicants should provide clear evidence to enable the impact of proposals on the local hydrogeological regime to be determined. Any proposals should provide for the monitoring of the water table during extraction/landfilling, and once restoration is completed, and in any appropriate cases include mitigating measures to be put into affect if adverse effects on the local hydrogeological regime develop. It will normally be necessary to enter into an appropriate legal arrangement, having regard to the continuing need to maintain monitoring and mitigation measures for the duration that they are considered necessary.
17 Appendices Appendix 8:
18 Appendices Appendix 8 Continued:
19 Appendices
Appendix 9:
20 Appendices
Appendix 9 Continued:
21 Appendices
Appendix 10:
22 Contact Details for Environmental Services
If you have any questions regarding contaminated land you can contact us by post: Peggy Law Environmental Services Environmental Protection Unit Civic Centre (3W/01) High Street Uxbridge UB8 1UW
Or, Telephone: (01895) 250155
Or via the Hilingdon website at:
www.hillingdon.gov.uk
Language Translation
If anyone requires a translation of this Document please contact us on:
(01895) 250155