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PART 2A Environmental Protection Act 1990 Contaminated Land

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PART 2A Environmental Protection Act 1990 Contaminated Land PART 2A Environmental Protection Act 1990 Contaminated Land Strategy 2018 Environmental Protection For information on the Contaminated Land Register, potentially contaminated land and advice on Environmental Searches please use the contact details below: Telephone: 0300 303 8588 Email: [email protected] Address: Contaminated Land Officer Mendip District Council Cannards Grave Road Shepton Mallet BA4 5BT 2 3 Contents 1.0 Introduction ..................................................................................................................... 6 1.1 Background ................................................................................................................. 6 1.2 Scope .......................................................................................................................... 6 1.3 Consultations ............................................................................................................... 7 1.4 Aims, objectives and priorities ..................................................................................... 7 1.4.1 Aims ...................................................................................................................... 7 1.4.2 Objectives (key considerations) ............................................................................. 8 1.4.3 Priorities ................................................................................................................ 8 2.0 About Mendip District ...................................................................................................... 9 2.1 Demography ................................................................................................................ 9 2.2 Geology ....................................................................................................................... 9 2.3 Ecology ..................................................................................................................... 10 2.4 Hydrology .................................................................................................................. 11 2.5 Past use .................................................................................................................... 12 2.5.1 Mining and quarrying ........................................................................................... 12 2.5.2 Mills..................................................................................................................... 13 2.5.3 Tanning and leather works .................................................................................. 15 2.5.4 Fuelling Stations.................................................................................................. 15 2.5.5 Landfills ............................................................................................................... 16 2.5.6 Railways ............................................................................................................. 16 2.5.7 Others ................................................................................................................. 17 2.6 Current use ................................................................................................................ 18 3.0 Strategic Inspection ....................................................................................................... 19 4.0 Detailed Inspection ........................................................................................................ 21 4.1 Prioritisation of Sites and Remediation ...................................................................... 22 5.0 Approaches to dealing with land contamination ............................................................. 23 5.1 Approaches under Part 2A ........................................................................................ 23 5.2 The planning system ................................................................................................. 24 5.2.1 Standard Conditions ............................................................................................ 26 5.2.2 Gas Conditions ................................................................................................... 27 5.2.3 Naturally occurring contamination and lead contamination .................................. 28 5.2.4 Informatives ........................................................................................................ 29 5.3 Encouraging polluters/owners of land to deal with contamination .............................. 29 5.4 Regeneration work .................................................................................................... 31 4 6.0 Minimising unnecessary burdens on taxpayers, businesses and individuals ................. 32 7.0 Future Commitments ..................................................................................................... 32 7.1 Contaminated Land Strategy Review ......................................................................... 33 BIBLOGRAPHY .................................................................................................................. 34 GLOSSARY ........................................................................................................................ 36 APPENDIX A ...................................................................................................................... 38 APPENDIX B ...................................................................................................................... 44 APPENDIX C ...................................................................................................................... 45 5 1.0 Introduction 1.1 Background This Mendip District Council 2018 Contaminated Land Strategy reviews and replaces the June 2007 Version 2.0. It is available on the Council’s Contaminated Land website. In April 2012, a revision to the Statutory Guidance by the Department of the Environment, Food and Rural Affairs (DEFRA) was published with the aim to clarify the approach for identifying and determining contaminated land. It encouraged Local Authorities to set out its approach as a formally adopted strategy which should be updated or replaced to reflect the new guidance. The contaminated land regime deals with protecting health and the environment from potential harm from historical contamination. There is also regulations to cover current issues, this can include where historic contamination has been mobilised. 1.2 Scope This strategy sets out how Mendip District Council (‘the Council’) identifies and manages potentially contaminated land in the district. It reaffirms the Council’s intended approach to the fulfilment of its statutory duties going forward. It takes into account important changes in Statutory Guidance, National and Council Policy, as well as developments in the science and policy issues that lie behind the risk assessment of potentially contaminated land. Issues relating to planning, planning policy, ground stability and structural matters are not covered by this strategy and advice from the relevant departments should be sought. Included within this strategy: Section 1 – The Council’s aims, objectives and priorities, taking into account the characteristics of its area (e.g. history and geology); Section 2 – A description of relevant aspects of its area; Section 3 – The Council’s approach to strategic inspection of its area or parts of it; Section 4 – The Council’s approach to the prioritisation of detailed inspection and remediation activity; Section 5 – How the Council’s approach under Part 2A fits with its broader approach to dealing with land contamination; and Section 6 – Broadly, how the Council will seek to minimise unnecessary burdens on the taxpayer, businesses and individuals. 6 1.3 Consultations A consultation draft was produced in August 2017 and sent for consultation with Internal Consultees, as well as the Statutory and Regulatory Authorities and external groups and organisations. The details of which are included in Appendix A, along with copies of the consultation responses. 1.4 Aims, objectives and priorities The following list identified in 1.4.1 are the four key aims that the Council strives towards through its regulation of contaminated land issues (taking into account the local characteristics). In order to achieve the aims section 1.4.2 identifies the key considerations or objectives. Finally, 1.4.3 details the priorities, which are the key activities needed to be carried out in order to fulfil the objectives. These are the Council’s current aims, objectives and priorities. They may be reviewed and revised as the Strategy is implemented, targets are achieved, and in light of changes in Council policy, Government guidance or legislation, taking into consideration best practice. It is not intended that these aims will be achievable solely through the implementation of the Part 2A legislation. Delivery of other Mendip District Council’s strategies and statutory functions may also contribute. 1.4.1 Aims 1) To improve and protect the environment and health of residents, as well as the controlled waters, ecosystems and property in the district; 2) To fulfil the Council’s responsibilities with respect to implementing environmental legislation such as Part 2A of the Environmental Protection Act 1990; 3) To encourage regeneration and redevelopment with sustainable remediation methods as appropriate; and 4) To raise awareness and promote the understanding of the causes and
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