Contaminated Land

Contamination of land arises principally from industrial processes, waste disposal and accidental spillage of contaminants. If not dealt with adequately it can pose a threat to human health, the environment and sustainable economic development.

As a regulator, landowner and planning authority Blaby District Council is responsible for ensuring that:

Land is suitable for its current use.
Land is made suitable for any new use, as official permission is given for that new use.
Remediation of contaminated land is to a standard suitable to the current use orb officially-permitted future use of the land.

It leads by example when managing ground contamination and its own land holdings.

The Environmental Protection Team acts as advisers to all council departments on land contamination issues. It supplies information, assesses the adequacy of site investigations and remediation measures and monitors the implementation of approved schemes during development.

The team is also responsible for undertaking an inspection programme of the district to identify and remediate land contamination that is causing unacceptable risks to human health or the wider environment. This programme has been detailed in The Revised Blaby District Council Contaminated Land Strategy - October 2006. - (PDF 325kb)

In accordance with section 78R of The Environmental Protection Act (1990) local authorities must maintain a register of all regulatory action they have undertaken in respect to the remediation of contaminated land.

Government Guidance

Government guidance recognises that potential contamination is a material planning consideration and the development phase is often the most cost-effective time to deal with problems associated with our industrial past. The onus is quite clearly placed on the developer to disclose all relevant information.

Developers and property owners may choose to undertake site investigations, unprompted, to satisfy their own standards. The Environmental Protection Section encourages such actions and can provide advice and consultation if requested.

Planning Conditions

Where an application is made for planning permission that relates to:

The creation of residential properties or a similarly sensitive land use.
a site considered to have the potential to be contaminated
a large scale project (i.e. exceeding 250m2)

consent may only be granted subject to the developer undertaking a programme of investigation and, if a significant risk is identified, a scheme of remediation.

It is important that applicants realise that investigation works should be undertaken at the earliest opportunity as the findings may have material cost and time implications.

Applicants or developers may choose to progress to the investigation phase before receiving planning consent. This is encouraged as it may demonstrate that further work is unnecessary and hence a condition is not required.

Desk Study

A desk study is the collection and examination of existing information detailing the existing and previous land uses which have taken place on a site. It should indicate any potential hazards and provide a basis for further investigation.

If required this report should formally document the site history in accordance with DETR guidelines (ICRCL 59/83, Guidance on the assessment and redevelopment of contaminated land, 1987). The applicant will need to demonstrate a comprehensive search of:

historic maps
trade directories
deeds
planning records
and any other relevant sources.

All maps and drawings should be included along with details of the location of any tanks, stores, pits and waste disposal facilities.

Carrying out a Site Investigation

A direct inspection, or walkover survey, is an important component of this process. It enables the present site condition and visible problems associated with it to be documented.

Where hazards are suspected, a detailed, invasive site investigation is used to determine and report on the nature and extent of the ground conditions.

Trial pitting and various boring techniques are used to inspect and sample ground strata and waters. These should be located to be representative of the site and must be targeted to investigate potential "hot spots" identified by the desk study. Soil samples should be taken at suitable depth intervals and analysed for the range of likely contaminants.

If the site is suspected to be affected by ground gas the Local Planning Authority will expect to receive gas monitoring data collected from appropriate locations on at least four separate occasions, targeting days when atmospheric pressure is falling.

All such work should be undertaken by a suitably qualified person who can demonstrate the necessary skills and knowledge to undertake the tasks to an adequate standard.

Sampling, sample preparation and analysis should follow suitable methodologies and quality control procedures equivalent to UKAS accreditation.

Managing Contaminated Ground

Where no significant issues have been identified the developer must ensure that a contingency plan exists should contamination be revealed during the construction phase. Environmental Health must be contacted in this event.

Where the investigation reveals contamination and/or land gas, the developer must devise a detailed scheme of works to address the risks associated with the development and final use of the site.

Remediation schemes must be submitted to the Local Planning Authority prior to commencing the construction phase so they may be approved in writing.

Implementation of the scheme must follow best practice and comply with the approved scheme unless prior consent is given.

On completion of the works the developer must provide written confirmation that all the remedial works were completed in accordance with the scheme.

For Further Information BS 10175: Code of practice for the Investigation of Potentially Contaminated Sites, 2001 is recommended. Available from British Standards Institute (Tel. 020 8996 9001).

Action Undertaken in Respect to the Remidiation of Contaminated Land

To date, Blaby District Council has made an entry on this register.

Any new information will be added to the register as soon as reasonably practicable.