News & Articles

SuDS, Adoption of Schedule 3 & Contaminated Land

It is thought likely that Schedule 3 will make SuDS mandatory and remove the automatic right to connection to the public sewer. It is anticipated that Schedule 3, will be implemented in England in 2024. There is an excellent article on this by Wavin.

If your site is contaminated, or potentially contaminated does that rule out the implementation of SuDS? No, there are still many ways in which SuDS can be successfully implemented but the ramifications of contaminated ground have to be taken into account. We can work with you to develop a SuDS scheme that works for your project, why not call me, Peter George, now to discuss your requirements (07765 232 995).

Introducing Environmental Consultant Azra - Our Newest Team Member

GO Contaminated Land Solutions proudly introduces Azra Koese, who has joined us as an Environmental Consultant.

Azra comes to us with impressive academic credentials, having gained both Bachelors's and Masters's Degrees in Ecology and Environmental Management in Agriculture, which she studied in her native Bosnia. This is her first job in her chosen profession.

Azra gained her role with us due to her success in our day-long interview process following a pre-interview assessment.  This task involved completing unfinished environmental reports, which allowed us to evaluate her knowledge.

Azra was invited for a face-to-face interview and a practical assignment after passing this initial task.  This involved being left on a development site to make initial environmental observations and assessments.

Environmental Consultant Azra

Needless to say, Azra passed with flying colors and is now a fully-fledged member of the team. She has also passed her 3-day First Aid at Work course, so she has another qualification.

Our photo shows Azra in action - monitoring ground gas in a borehole for a proposed basement.

Azra describes her position at GO Contaminated Land Solutions as the ideal first job, as she feels nurtured and can learn a lot from both Peter and Duncan's experience.  She feels she can make progress within a supportive environment.

Welcome, Azra, and thank you for all your hard work so far!

Just Build Homes launches new portal

Just Build Homes say:

"Just Build Homes is a platform that connects supporters of housebuilding with the planning process to get more homes of all types built.

Over 5,000 people across the UK are now part of the Just Build Homes community. We have launched a new portal that enables anyone - a local resident, applicant or their agents - to add a scheme to build support. And what's more, it's free."

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Terraced housing

Spring Budget 2023

Landfill Tax Grant Scheme:

Background

On 21 July 2022 the government opened a “Call for Evidence on a Proposed Landfill Tax Grant Scheme for the Remediation of Contaminated Land”. This closed on 18 August 2022.

The Defra website states:

The government is aware of instances in which the redevelopment, remediation, and / or protection of land affected by contamination or the consequences of previous development may be prevented by the cost of landfill, including the Landfill Tax. Landfill Tax has been highly effective since its implementation in diverting waste from landfill and underpinning the waste hierarchy by encouraging more sustainable waste management solutions. However, it is not intended that this tax should act in certain instances to prevent the redevelopment, remediation, or protection of land in the economic, environmental, and social interest of local communities.

This Call for Evidence seeks information on the prevalence of instances where Landfill Tax is considered an insurmountable barrier to the redevelopment of land affected by contamination or the consequences of previous development in England ...” 

Budget Proposal

The government now proposes to develop a grant scheme to fund costs of Landfill Tax to public bodies in England, “where such costs are acting as a determinative barrier to the remediation and redevelopment of contaminated land”.

 

Landfill rates and tax review:

The government will uprate 2023-24 & 2024-25 Landfill Tax rates in line with the Retail Prices Index (RPI), from 1 April 2024. It was previously announced in the Autumn Budget 2021 that Landfill Tax rates from 1 April 2023 would be uprated in line with the RPI. From April 2023 the tax will rise by 3.5% from the current standard rate of £98.60 to £102.10. The lower rate, which generally applies to inactive or inert material, will rise by 10p from the current level of £3.15 to £3.25. Landfill Tax applies in England and Northern Ireland.

Warning to Landowners Who Allow Japanese Knotweed to Escape

Knotweed on local authority owned land had encroached onto a private property, the knotweed had subsequently been treated by the local authority. The home owner claimed damages.

On 3 February 2023 his Honour Judge Beard overturned a previous ruling, concluding that although the local authority had carried out reasonable and effective treatment to remove the Japanese Knotweed that the homeowner had suffered residual damage.

This judgment potentially opens the way for more claims against local councils which have allowed Japanese Knotweed to infest neighbouring property. Counsel for Mr Davies confirmed the importance of the Court of Appeal decision saying that “It confirms that a homeowner who suffers a loss in the value of their home from the stigma left from Japanese Knotweed even after it has been treated, can recover damages for that loss”. For more read the item by Jonathan Dinsdale of Blandy & Blandy

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Japanese Knotweed sprouting
Japanese Knotweed a potentially very expensive unwanted guest

Buncefield - Historic Explosion - Current Toxic Legacy

The explosion and fire at the Buncefield oil depot in Hemel Hempstead occurred in 2005. This may seem a long time ago, however the foam used to fight this fire and many other sources have or a leaving a toxic legacy that does not break down once released into the environment. 

These per- and polyfluoroalkyl substances (PFAS), used in a wide range of everyday items as well as firefighting foams and industrial processes can now be found in concerning concentrations in our soil and water.

There are two excellent articles in the Guardian on the scale of ‘forever chemical’ pollution and Buncefield: the PFAS legacy

Can the Nutrient Mitigation Scheme unlock developments

New housing developments, hotels and student accommodation, in the vicinity of vulnerable watercourses must demonstrate that they do not increase phosphate and nitrate levels beyond pre-consent levels.

The new ‘Nutrient Mitigation Scheme’ has been set up to enable developers to purchase government-backed credits, with the revenues raised invested in new and expanded wetlands and woodlands.

Two schemes have been announced, both within the Tees catchment. It will be interesting to see how effective these are both in terms of unlocking development and enhancing or at least protecting the environment.

An excellent article on Property Wire by Naomi Bull, associate, and Kate Radford, senior associate, at Eversheds Sutherland gives more detail.

Waste Acceptance Criteria (WAC)

Why

These tests are to determine the appropriate category of landfill.

What they are Not

They will not determine if a site is or is not ‘contaminated’.

This test does not categorise the soil as hazardous or non-hazardous.

Background

It is a statutory requirement in accordance with the Landfill Regulations (2005) and Waste Framework Directive (WFD) (2008/98/EC), that a waste is characterised and also meets specific Waste Acceptance Criteria (WAC) prior to disposal in a landfill. The waste producer has a Duty of Care to ensure that the waste is characterised and the landfill operator must also be satisfied that a Basic Characterisation, is completed before the waste is accepted.

The Environment Agency’s technical guidance ‘Waste Classification (WM3, 1st edition 2015)’ which came into force on 1st July 2015, sets out the requirement for the classification. It also provides the basis for the methodology to employ in order to ensure compliance with the regulations.

The classification assesses the composition of the material and determines the concentrations of the hazardous substances. The assessment of contaminated soil to determine whether it is hazardous waste is dependent on the presence of “hazardous substances” exceeding set levels.

Basic Waste Characterisation Testing (Air Dried Testing)

If soil from construction and remediation works are intended for disposal there is a requirement to determine if these classify as hazardous or non-hazardous. These tests will determine the levels of a range of contaminants within the soil.

Waste Acceptance Criteria Testing

Landfills are classified according to whether they can accept hazardous, non-hazardous or inert wastes. Wastes can only be accepted at a landfill if they meet the relevant waste acceptance criteria (WAC).

There are acceptance criteria for inert, stable-non-reactive hazardous and hazardous landfills.

If material is classified as non-hazardous it may be sent to an inert landfill subject to meeting inert waste acceptance levels. Where the material is classified as hazardous, WAC analysis will be required to demonstrate that it meets the acceptance levels for either hazardous landfill or stable non-reactive hazardous landfill.

WAC testing can be scheduled alongside the testing for characterisation.

Check with the landfill site if there are any other criteria that need to be met under their permit.

We are Here to Help

Call 020 8291 1354 or email with your requirements we are ready to help you achieve a cost effective solution for your site.

We are able to provide Waste Classification Reporting.

We can also provide advice for Waste Management Plans and the adoption of the CL:AIRE Definition of Waste: Development Industry Code of Practice.

Please contact us to discuss your sampling and testing requirements.

Can Micro-Plots solve the Housing Crisis

Perhaps not on their own but a project in Bristol aims to show they can be a key part of the solution. At the same time the aim is to enhance communities by ensuring the project is led by the local residents.

The Knowle West Media Centre website states:

"We Can Make

Together…

We Can Make good homes,

We Can Make local jobs,

We Can Make space for nature,

We Can Make social infrastructure,

We Can Make community wealth,

We Can Make a thriving neighbourhood."

Find out more at We Can Make

The Contamination Risks of Building on Brownfield Land

As cities constantly evolve, many developers are turning to brownfield land as they plan for future growth. Brownfield land offers a unique opportunity to save costs and resources while meeting urban areas' development needs. It is important to have knowledge of how the contamination on these sites affects health, structures and ecosystems.  Without this knowledge, communities may find themselves with unexpected issues in the future. In this blog post, we will explore the risks associated with building on contaminated brownfield land and how you can reduce those risks to keep your community safe.

What Is Contaminated Land?

Contaminated land is any area in which hazardous materials, such as asbestos, pesticides, solvents and heavy metals, have been released into the environment. This will have happened either naturally or through human activities such as industrial production. The presence of these hazardous substances can have a negative effect on the health and safety of people living and working in the area. It will also have a detrimental effect on wildlife and the environment itself.

How Do You Know If a Site Is Contaminated?

When evaluating a brownfield site for potential contamination, the first step is to look for clues that may indicate the presence of hazardous materials. This can include checking for discolouration of soil, odours and visible signs of contamination such as rust or leakage. It is also important to consult with local authorities to determine if there have been any reports of contaminated land in the area.

The Contamination Risks of Building on Brownfield Land

Once a contamination survey is done, and contamination is suspected, a comprehensive site assessment should be conducted to determine the presence and type of contaminants and their concentration level. This assessment typically includes soil testing, groundwater sampling and air quality tests.

The Contamination Risks of Building on Brownfield Land: Things You Need to Know

When considering the use of brownfield land for development, it is important to be aware of the potential risks associated with building on contaminated sites. The most common risks include the following:

  • Health Risks
  • Structural Risks
  • Environmental Risks

Health Risks

Building on contaminated land can lead to direct exposure to hazardous materials, which in turn may cause a range of health problems, such as respiratory issues and skin irritation. It can also result in indirect exposure to hazardous materials through the consumption of contaminated water, food or soil.

Structural Risks

Contaminants may also weaken the structure of a building, leading to potential safety hazards. It is important to consider the types of contaminants present and their impact on the structure of a building before construction begins.

Environmental Risks

Contamination can also lead to long-term environmental damage, including pollution of drinking water sources, soil contamination and the destruction of ecosystems. It is important to consider the potential impact on local ecosystems before building on brownfield land.

These risks should be taken into account when evaluating any potential development plans for brownfield sites, as they can have a significant impact on the safety and well-being of a community.

How Can You Reduce the Risk of Building on Contaminated Sites?

The good news is that there are a number of steps you can take to reduce the risks associated with building on brownfield land. Here are some tips:

1. Conduct Comprehensive Site Assessment – Before starting any development project, it is important to conduct a comprehensive site assessment to determine the presence and type of contaminants present, as well as their concentration level.

This study enables us to assess the potential risks, and if these are considered significant to guide the scope of any intrusive phase 2 investigation.

If this report concludes there are no significant risks and the local authority agree then no further action is required, however if potential risks are identified then you will need to progress to stage 2.
 

2. Implement Appropriate Remediation Measures – If a site is found to have contamination, remediation measures should be put in place to reduce the risk of exposure or environmental damage. This can include physical barriers, such as fencing and impermeable liners, as well as chemical treatments that may neutralize contaminants and make them less hazardous.

Now that you’ve identified what needs to be done in order to clean up your land, it's time to choose a plan of action! 

*For further information regarding the stages of site assessment and remediation check out our blog post Discharging Contaminated Land Planning Conditions*

The Contamination Risks of Building on Brownfield Land

3. Monitor the Site – Once remediation measures have been implemented, it is important to monitor the site on an ongoing basis to ensure that contaminants remain below acceptable levels. This can be done by regularly testing air, soil and water samples.

By taking these steps, you can help protect your community from the risks associated with building on contaminated land. With careful planning and thorough assessment, brownfield sites can be safely redeveloped into vibrant new developments that benefit the community.

Conclusion

Brownfield sites often present a unique set of challenges for developers, as they may be contaminated with hazardous materials that can cause serious health and environmental problems. To reduce contamination risks when building on brownfield land, it is important to conduct comprehensive site assessments, implement appropriate remediation measures and monitor the site on an ongoing basis. Taking these steps can help protect your community from the risks of building on contaminated land. You can contact G.O. Contaminated Land Solutions to help with any brownfield land requirements for London, Surrey, and Sussex areas. We are here to provide you with the insights and services necessary for successful redevelopment projects