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PENDLE BOROUGH COUNCIL Developer's Guide To PENDLE BOROUGH COUNCIL Developer’s Guide To Contaminated Land For an alternative format of this document phone 01282 661199 PHP-CL-G-02 Introduction Pendle is experiencing an increasing number of planning applications for developments on previously used land. In many cases these sites are affected by the presence of contamination due to historic industrial processes. The purpose of this guide is to make developers and their advisors aware of what information the Council will require in order to assess an application for planning consent on land which may be affected by the presence of contamination. The Planning Procedure The actual or possible presence of contamination is a material planning consideration'. In many circumstances it will be advantageous to determine whether there are likely to be any contamination issues on site prior to submitting an application for planning consent. This may involve a basic historical land use search and site walk over, or on large-scale developments form part of a pre-planning enquiry where any necessary investigations can be determined prior to submitting a planning application. On any site where there is the potential for contamination to be present Planning and Building Control Services will consult with Environmental Health Services. Environmental Health Services is primarily concerned with risks to human health and ensuring that the proposed development will be suitable for use. It also considers other matters that may give rise to disturbance during the development such as smoke, noise, odours and dust. In addition to the planning permission normally required for new buildings or change of use, a project where contaminated land is involved may require planning permission if any of the following conditions apply: • there is on-site disposal of controlled waste; • there is on-site remedial treatment; • engineering works are to be carried out as part of the remedial treatment; • treatment is part of a development for which planning permission is required; or • Ground investigation works are to be carried out. Source: Environment Agency, 2001 When applications for planning consent is received on a previously used site there are a range of possible outcomes: - • Consent is refused • Consent granted without conditions - just directives • Consent granted - conditionally - which will require certain information to be provided in order to discharge the condition, e.g. a Phase 1 Study (a desk study and walkover survey) a Phase 2 Study (a characterisation of the site with comprehensive remediation strategy) and a Post Remediation Validation Report (a summary of remediation works, including documentary evidence of works undertaken). ISSUE NUMBER: 1 2 ISSUE DATE: 1/12/06 PHP-CL-G-02 The Environment Agency The Environment Agency is a statutory consulted in England and Wales under the planning process on the matters for which it has regulatory responsibility. The Council will consult with the Environment Agency on applications where pollution of surface water or groundwater is involved, or where the water environment might be at risk of pollution as a result of the development. The Environment Agency also provides advice on applications for development close to or on landfill sites and within flood-plain areas. Safe Development - Suitable for Use The UK government has adopted a policy that land should be suitable for use. For example land which has historically been used for industrial purposes and is the subject of a new development proposal for industrial units may not require the same levels of investigation and remediation as a similar site where the proposed end use is residential housing with gardens. Part IIA Part IIA of the Environmental Protection Act 1990 which was brought into force on lst April 2000 requires local authorities to identify contaminated land in its area and secure its remediation. Part IIA provides a narrow definition of contaminated land. To fall within this definition the land, when assessed in the context of its current use must be capable of causing either significant harm to human health and other specified receptors or pollution of controlled waters. The Council has published a strategy for the identification of contaminated land in its area, copies of which are available from Environmental Health Services. The narrow definition of contaminated land means that the number of sites that will be determined as contaminated land by the Council is likely to be small. A site that contains contaminants, which in its current use does not have the potential to cause significant harm will fall outside Part IIA. It is government policy that these sites will be dealt with through the planning and development control system as and when they are brought forward for development. In such circumstances the developer must provide the Council with enough information to enable it to decide that the proposed use will be suitable for use. For some sites which are identified as contaminated land under Part IIA redevelopment of the land may be a cost-effective solution for securing remediation. In such circumstances action taken under the planning regime to ensure that land is suitable for use would also satisfy the Part IIA regime and turn a liability into an asset. ISSUE NUMBER: 1 3 ISSUE DATE: 1/12/06 PHP-CL-G-02 The Developer's Responsibility When commenting on contaminated land reports and proposed remediation strategies Pendle Borough Council will not accept responsibility for the effectiveness of the design and completion of remediation measures. The responsibility for providing this information remains at all times with the developers and their advisors. Developers should therefore fully appreciate the importance of competent professional advice, supported by sufficient professional indemnity insurance. The Site Investigation Procedure The site investigation procedure will identify the potential for contamination and identify possible areas that may require remedial works in order to make a site suitable for use. The site investigation can be undertaken in phases in order that resources can be targeted at the areas that are most likely to be contaminated. The separate phases may be submitted individually as separate reports or as one combined report i.e. Phase 1 or Phase 1 & 2 followed by a post remediation validation report. • the Phase 1 investigation should establish whether there have been any former contaminative uses on the site which have the potential to impact upon the development; • the Phase 2 investigation should determine the nature and extent of contamination and provide details of remedial options, health and safety issues and a detailed work plan; • The Post Remediation Validation Report should provide a summary of remedial works carried out together with relevant documentary evidence and post remediation test results. The site investigation procedure involves specialist technical knowledge and it is essential that competent and experienced personnel who should preferably hold recognised and appropriate qualifications conduct all phases of the site investigation procedure. Where a geotechnical study and a contamination study are combined within one report the consultant should be able to demonstrate that he is competent and has expertise to provide advice on both. In the past Environmental Health Services has received reports submitted on behalf of developers which have not used a proper scientific or appropriate sampling strategy in order to assess risks from land contamination. It is essential that developers base their site investigations in accordance with current good practice. Examples of current good practice can be found in the following documents: • BS 10175:2001 British Standard Institute (2001) Investigation of Potentially Contaminated Sites - Code of Practice, British Standard Institute. London. • Environment Agency (2000) Technical Aspects of Site Investigation (2 Vols.). Research and Development Technical Report P5-06517R. Water Research Centre, Swindon ISSUE NUMBER: 1 4 ISSUE DATE: 1/12/06 PHP-CL-G-02 • Environment Agency (2000) Guidance for the Safe Development of Housing on Land Affected by Contamination. The Stationary Office. London • Environment Agency (2001) Secondary Model Procedure for the Development of Appropriate Soil Sampling Strategies for Land Contamination. R&D Technical Report PS-066/7R. Water Research Centre, Swindon The Phase 1 Investigation This is the first stage of any site investigation and should enable a 'conceptual model' of the site to be produced that provides a clear interpretation of all plausible pollutant linkages at the site. For example figure I below shows a number of plausible pollutant linkages on a petrol filling station. Receptors include humans, controlled waters, wildlife and buildings. Pathways include direct contact, inhalation, off-site migration into watercourses etc. Contaminants of concern include petroleum spirit (including simple aromatics, such as benzene, and additives, such as organo-lead compounds and ethers), diesel and paraffin. The 'conceptual model' produced will depend upon the previous site use and proposed development. In some circumstances there may be a large number of plausible pollutant linkages and in others there may only be a small number. Figure 1 Possible Pollutant Linkages at a Petrol Filling Station ISSUE NUMBER: 1 5 ISSUE DATE: 1/12/06 PHP-CL-G-02 The conceptual model should provide a working description of the relevant physical, chemical and biological characteristics of the
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