News & Articles

Why Are They Imposed?

Local Planning Authorities (LPAs) usually impose a number of planning conditions on the granting of planning permission. When a site or surrounding area has a history of industrial or potentially contaminating uses a contaminated land planning condition will be imposed. These conditions aim to ensure that the land is suitable for the proposed use and does not pose any risks to public health or the environment.

Pre-Application

The first step to minimising delay is to find out at the pre-application stage if a contaminated land planning condition will be imposed. A phase 1 desktop study can then be submitted with the planning application which means one less stage on granting of planning permission.

If the phase 1 desktop study advises that there will be no significant elevated risk and the LPA agree then there will be no need for a contaminated land planning condition. If on the other hand a potential elevated risk is identified the remaining stages will be conditioned.

Contaminated Land Condition Stages

To discharge a contaminated land planning condition, several key steps and requirements must typically be met. Phase 1 desktop, phase 2 intrusive investigation and phase 3 remediation strategy are usually pre-commencement conditions with phase 4 verification being a pre-occupation condition.

Phase 1 – Desk Study Report

As noted above either as part of the applications or on granting of permission a Phase 1 – Desk Study Report is required. This is a preliminary risk assessment, including a site walkover, to determine the potential for contamination. The report will include:

• Historical maps and site uses.
• Environmental setting, including geology, hydrogeology, and hydrology.
• Potential contaminative sources, pathways, and receptors.
• Recommendations for intrusive site investigations, if necessary.

Typically we advise clients that this can be completed in 15 working days but this timescale can be reduced where necessary.

Site Investigation Scheme

Some LPAs specify that a site investigation scheme is submitted and approved prior to the investigation. In any event we recommend this approach to ensure that the LPA approve of the scope. Should the LPA decide that some additional investigation is required this will inevitably lead to a delay.

This scheme is based upon the sources and the risks identified in the phase 1 desktop study and sets out the details for, where relevant, the monitoring, sampling and testing of soil, vapour, ground gas, surface and groundwater.

This can be prepared and submitted with the phase 1 desktop study.

Phase 2 – Intrusive Site Investigation

If potential risks are identified in Phase 1, an intrusive investigation will be required. This can include:

• Boreholes, trial pits, and soil sampling.
• Groundwater and surface water sampling.
• Ground gas and vapour monitoring.
• Laboratory analysis of samples to determine concentrations of contaminants.

The risk assessment will be revised based on detected contamination levels.

If no significant contamination is found then no remediation is required. It will however be necessary to confirm to the LPA on completion that no unexpected contamination was found during the works, if any is found then remedial works will be required.

If significant contamination is found then a remediation strategy will be required.

Phase 3 – Remediation Strategy

If contamination is found to pose a risk, a remediation strategy will be required to detail how the contamination will be addressed. This can involve:

• Selecting appropriate remediation techniques based on the type and extent of contamination.
• Designing and detailing the remediation process.
• Detailing any monitoring testing required during remediation.
• Proposing a post-remediation verification plan to demonstrate satisfactory remediation.

We will provide you with a check sheet of the information we will need from you for the verification so that this can be collected during the works so that the verification report can be completed and submitted as speedily as possible.

Phase 4 – Verification

Once the strategy is approved, remediation can commence. After remediation, a Verification Report must be produced to confirm satisfactory completion of the remediation. The report provides evidence, such as site levels before, during and after, certification of soils brought to site, validation sampling results, to demonstrate that the site has been successfully remediated to an acceptable level.

Timescale

Each phase must be submitted to the LPA to demonstrate that the planning condition has been satisfied.

The phase 1 desktop and site investigation scheme can be prepared and submitted together. Our standard turn round for these is fifteen working days but this can be reduced if required.

The time required for the phase 2 will depend on the scope, for near surface soil sampling the time from instruction to issue of the report could be four weeks. If ground gas monitoring is required, assuming three weeks lead in for the rig to drill boreholes, six rounds of monitoring at weekly intervals and a week to complete the report, the time from instruction to issue of the report may be ten weeks. Complex sites may require much longer with perhaps an initial investigation to identify areas that require a more detailed investigation.

Other considerations

Liaison with Regulatory Bodies: It might be necessary to engage with regulatory bodies such as the Environment Agency (EA) or Natural Resources Body for Wales.

Long-term monitoring: In some cases, long-term monitoring of groundwater or gases might be necessary even after remediation.

It's worth noting that the above is a general outline, and the specifics might vary depending on the LPA and the site's unique circumstances. Always refer to the exact wording of the planning condition.

We are Here to Help

Due to the technical nature of contamination assessments and remediation, it is crucial to engage with experienced contaminated land consultants. You can download our flowchart from our resources page. It is never too early to contact us (020 8291 1354) (askgo@gosolve.co.uk) to discuss your project.

It may seem odd to be talking water shortage in a very soggy summer but the fact of the matter is that water shortages are an issue in some areas and will only increase with time.

As an illustration MP for South Cambridgeshire, Anthony Browne appears to be unimpressed with the government’s development plans for the area: “unless the Government can say where the water will come from, it’s plans are dead on arrival”.

Is the answer more reservoirs? In some cases that will obviously help. More long term we need a more rational approach to the use of water, both the water in our taps and the water that falls from the sky.

Building regulations are slowly making dwellings more water efficient by requiring designers to utilise a range of water reducing features to new properties. Of course we can all do our bit by getting out that watering can rather than the hose.

Considering rainfall we are slowing awaking to the realisation that trying to get rainwater into the sewers as quickly as possible and thereby often causing flooding downstream may not be the brightest idea. This is where Sustainable Drainage Systems (SuDS) come in, where the aim is both to recharge the aquifers from which we draw so much of our drinking water and retain water for use on site. Where these outcomes are not possible a range of options are available to reduce the potential for flooding. These range from green, brown or blue rooves, water butts and rain gardens to attenuation tanks fitted with flow control. There is more information on our Drainage Strategy page.

By all means give me Peter George a call (07765 232995) or email (SuDS@gosolve.co.uk) if you wish to discuss your project.

GO Contaminated Land Solutions is pleased to announce that we have obtained CHAS Advanced Accreditation.  CHAS is the Contractors Health and Safety Scheme.  It is trusted as the leading provider of compliance and risk management solutions in the UK, setting benchmarks across a number of industries.  These include construction, housing and development.

We are proud to be joining the CHAS database of contractors, reassuring prospective clients and collaborators of our compliance in areas such as Health & Safety, Environmental and Insurance, as well as regulations such as CDM 2015.

The official mark of compliance offered by the CHAS Advanced Accreditation allows us to pre qualify for projects, saving valuable time for companies who would like to work with us.  The assessment of a contractor’s health and safety standards can be a lengthy process for a potential client; accreditation by CHAS makes this unnecessary!  

More information can be found here : www.chas.co.uk

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Some headlines might give that impression. What Sir Kier said is more nuanced. An article on the BBC news website provides more background:

"In an interview with BBC Breakfast, Sir Keir gave an example of homes being built on a playing field rather than a car park because the car park was technically within the green belt.

"We would make those tough choices and say to local areas, notwithstanding that it's greenbelt, if it's a car park or similar land which doesn't affect the beauty of our countryside… then we'll change the planning rules, we'll give you the powers to do that," he said."

The full article is here

The government are currently running a consultation on a new scheme to replace Environmental Impact Assessment (EIA). They state:

"Part 6 of the Levelling Up and Regeneration Bill will secure powers to implement a new system of environmental assessment known as Environmental Outcomes Reports. This will allow the government to replace the EU-derived Strategic Environmental Assessment and Environmental Impact Assessment processes with a streamlined system that places greater focus on delivering our environmental ambitions.

The introduction of outcomes-based approach to the Environmental Outcomes Reports allows the government to reflect its environmental priorities directly into plan-making and decision-making process on the largest developments. The feedback from this consultation will help us establish our approach to developing these environmental outcomes across government."

The consultation advises that:

"Outcomes should:

• drive the achievement of statutory environmental targets and the Environment Improvement Plan
• be measurable using indicators at the correct scale ...
• be designed using the knowledge and experience of sector groups and environmental experts
• have an organisation responsible for monitoring overall progress of specific outcomes i.e., a responsible ‘owner’
• be reviewed on a regular basis to ensure they remain relevant
• not duplicate matters more effectively addressed through policy.

You can find out more and take part at DLHC.

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).

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.

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 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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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.

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 a potentially very expensive unwanted guest