News & Articles

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

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

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.

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.