Judicial Review Appeal with Potentially Far Reaching Implications for Contaminated Land Rejected
In summary we can breath a sigh of relief and carry on as before with a system that allows contaminated land to be dealt with by planning conditions.
An appeal for judicial review was made against a Derbyshire council’s consent for a 200-home development less than 100m from a former landfill. The points of appeal in a layman’s summary were a contention that the contaminated land issues had not been adequately addressed. The appeal was rejected after concluding that there was no obligation for any potential contamination of the application site to be assessed and removed before approval was granted.
24 April 2020
Environment Agency update on Land Contamination Risk Management (LCRM) guidance
A major update was planned but due to Covid 19 has been delayed. We have received the following email:
MESSAGE FROM ENVIRONMENT AGENCY – PLEASE SHARE. Unfortunately I am not able to answer any specific follow on questions and cannot give a precise publication date as the publishing lead within the EA has to prioritise coronavirus work.
In June 2019, the Environment Agency (EA) published an update to the Model procedures for the management of land contamination (CLR11).
Given the current coronavirus situation, the EA have decided not to republish a major update. The time is not right.
The EA are however, going to publish an interim update. This includes:
1. Updated text on the requirements for MCERTS.
2. Additional text on the use of in situ testing and rapid measurement techniques (RMTs).
The change to the MCERTS text clarifies that it is only required by the EA on sites that they regulate.
The text on RMTs is not new. It is a part of the MCERTS guidance and in a former position statement and in situ testing is briefly mentioned in CLR11. The EA has updated this text to make it clear these tests subject to meeting other requirements, can be used.
The current coronavirus situation is one of the reasons for publishing the interim update. The use of in situ testing and RMTs may help relieve the pressure from laboratories affected by the current situation.
The EA will publish the interim update as soon as the GOV.UK publishing resource is available.
16 March 2020
The Government is Launching a National Brownfield Map
On 12 March 2020 the Government published a policy document entitled ‘Planning for the Future‘ which sets out its plans for the delivery of housing and further reforms to the planning system.
Within the document the government undertakes to launch a national brownfield sites map in April 2020. It will also conduct a call for proposals to seek evidence on the barriers to, and opportunities in, building above stations in urban areas. We are not entirely sure why the government appear to see these two items as inextricably linked.
The document goes on to say “It is vital that we make the most of existing transport hubs, encouraging modern, green communities where people live close to public transport.”
We await the publication of the map with bated breath.
1 October 2019
Reducing Risk & Preventing Claims on Complex Brownfield Residential Sites
The title of a very informative article in the September/October AGS Magazine. If you want to take advantage of the opportunities or avoid the risks of contaminated land then this article is worth a read.
It helps to underline the fact that for a successful project contaminated land has to be addressed as an integrated part of the project and not an after thought. The latter approach often leads to delays and additional costs.
For more detailed advice we would also recommend the CIRIA guidance for small brownfield sites and contaminated land, A guide to small brownfield sites and land contamination (C773) which provides clarity and greater confidence to those looking to develop small brownfield and potentially contaminated land sites. The guide is available to NHBC members via their website.
21 August 2019
Environment Agency updated land contamination guidance
The Environment Agency (EA) has published an update to the Model procedures for the management of land contamination (CLR11).
The EA is asking for feedback on the technical content and structure by 5 December 2019.
The current guidance, CLR11 was introduced in 2004 and has never been updated.
The scope, purpose and the framework of LCRM remains the same as the old CLR11 . The reformed content:
represents up-to-date government guidance on land contamination risk management
is intended to be accessible for people with disabilities – for example, be usable with assistive technology like screen readers
is intended to be navigable, concise, clear and understandable to all
is web-based, easier to manage, maintain and keep up to date
is now more user focussed, shorter and easier to understand
is clear on what you have to do and where to find out more
is aimed at people that might be doing this for the first time as well as experienced professionals
is available online
The technical language, terminology and content has been updated, explained and retained where necessary. Repetition and general background information has been removed so that the EA can meet GOV.UK publishing requirements.
8 March 2019
Use of Potentially Contaminated Residential Land, Gardens and Allotments
Public Health England have produced guidance on managing risk on potentially contaminated residential land. This document is intended for local authorities to be used for the management of contaminated land issues, however it includes common sense advice of use to a home owner or allotment user who may have concerns about the possibility of above normal levels of contaminants in soil.
It gives public health advice on how to reduce exposure to chemical based soil contaminants.
28 February 2019
Cost Effective Vapour & Land Gas Monitoring in Confined Spaces
Do you need to undertake vapour or land gas monitoring in a confined space or need to keep disruption to a minimum then we may have the answer. We are now able to undertake land gas and vapour monitoring using Vapor PinsTM.
The system is relatively quick and easy to install and is a very cost effective method of vapour and land gas monitoring. In difficult to access basements it may be the only practicable option, it could literally be installed in a broom cupboard.
The system is installed in a 16mm diameter hole drilled through a ground or basement level slab and can be recessed to be flush with the floor with a protective cover so that the area can continue to be used. Installation of three monitoring points can usually be completed in a matter of hours.
In Australia a joint parliamentary committee has been investigating contamination from toxic firefighting chemicals which leached off defence bases and into soil and waterways. A Guardian article states that they have produced a report recommending the government “assist property owners and businesses in affected areas for demonstrated, quantifiable financial losses associated with PFAS contamination that has emanated from defence bases”.
states that they have produced a report recommending the government “assist property owners and businesses in affected areas for demonstrated, quantifiable financial losses associated with PFAS contamination that has emanated from defence bases”.
Is this something we should addressing in the UK?
23 November 2018
Soil Guideline Value (SGV) for mercury withdrawn
The Environment Agency (EA) has withdrawn the Soil Guideline Value (SGV) for mercury and the associated supporting reports. This follows discussions with Public Health England (PHE) about a revised opinion from the European Food Safety Authority (EFSA). EFSA recommended an oral TDI for both these forms of mercury that are lower than the oral HCV used in the derivation of the SGV.
The EA advised “We are withdrawing our reports in light of this expert opinion. We will not be updating them as the Environment Agency no longer undertakes work to derive new SGV or TOX reports, but we will continue to recommend that relevant public health bodies are consulted where industry has published or is developing alternative guideline criteria for mercury which would also include elemental mercury.”
The SGV Report, the TOX Report, and the Supporting Information Document for Mercury will remain available for historical reference on the Government and Environment Agency archives and on the CL:AIRE WALL
Contaminated Land Identified as Environmental Factor Most Likely to Cause Upset to a Housing Development
A recent survey by Development+Infrastructure identified contaminated land as the environmental factor most likely to cause upset to a housing development, followed by flood risk, more details here.
Once again it shows that the importance of taking advice at the earliest stage cannot be over stated. As my grandmother used to say, forewarned is forearmed.
13 December 2017
Builders Shun Brownfield Sites to Dig up Green Belt – The Times 12 December 2017
An article in The Times declares that research by the Campaign to Protect Rural England (CPRE) shows that sites with the capacity for nearly 200,000 homes are missing from the official Brownfield Registers. With limited resources local authorities tend to concentrate on the larger sites, meaning that this vital resource of smaller sites is overlooked.
We have extensive experience of providing advice on small sites and are on the steering group for the CIRIA small brownfield sites report, which is due to be published shortly with advice on developing small brownfield sites.
We provide comprehensive support to guide clients through the process of obtaining discharge of contaminated land planning conditions, if you are considering buying or developing a small brownfield site do not hesitate to call 020 8291 1354 or firstname.lastname@example.org.
18 May 2017
CIRIA launch Contaminated Land Guidance Tool
We are proud sponsors of this resource, which is designed to be the place the industry goes to find directions to the current documents and guidance.
The CIRIA website states: “Over the last two decades CIRIA, as well as publishing over 50 guides on contaminated land, has gathered information on more than 200 industry guidance documents that help practitioners and other stakeholders to assess and manage risk related to contaminated land and brownfield sites in the UK. Following suggestions from members, information on these references has been compiled in a searchable form. ”
ISO 19204:2017 Soil quality – Procedure for site-specific ecological risk assessment of soil contamination (soil quality TRIAD approach)
The scope on the British Standard website states:
“This document describes in a general way the application of the soil quality TRIAD approach for the site-specific ecological risk assessment of contaminated soils. In detail, it presents in a transparent way three lines of evidence (chemistry, ecotoxicology and ecology) which together allow an efficient, ecologically robust but also practical risk assessment of contaminated soils. This procedure can also be applicable to other stress factors, such as acidification, soil compaction, salinization, loss of soil organic substance, and erosion. However, so far, no experience has been gained with these other applications. Therefore, this document focuses on soils contaminated by chemicals.”
13 April 2017
Councils in England and Wales are to get new tools to speed up the development of derelict and underused land for new homes, Housing and Planning Minister Gavin Barwell has advised.
Brownfield registers were piloted in 2016, when 73 local planning authorities from across the country pioneered the measures.
All local authorities in England and Wales will now have to produce and maintain up to date, publicly available registers of brownfield sites available for housing in order to help house builders to quickly identify suitable brownfield sites.
Communities will be able to highlight local derelict or underused building sites that are primed for redevelopment thereby encouraging inward investment and increase the number of new homes in the area.
‘We need to build more homes in this country so making sure that we re-use brownfield land is crucial. We want to bring life back to abandoned sites, create thousands more homes and help protect our valued countryside. These new registers will give local authorities and developers the tools to do this,’ Barwell stated.
31 March 2017
New asbestos and soil best practice guidance from CIRIA
New guidance on soils that have the potential to contain asbestos has been published by CIRIA.
It provides a practical framework to help minimise the health risks and liabilities when asbestos-containing soils (ACS) are encountered. The summary on the CIRIA website states:
“This site guide gives advice to all site workers who may come into contact with, or are required to manage, soils that have the potential to contain asbestos (eg groundworks/earthworks contractors, ground investigation contractors/supervisors, consultants, waste handlers). It provides a framework to help minimise the potential health risks and associated liabilities when asbestos-containing soils (ACS) are encountered on site. It also focuses on practical management of ACS in field conditions and builds on the guidance from Nathanail et al (2014) which sets out the risk assessment process and risk management framework for asbestos in soils.”
2 February 2017
Contaminated Land Insurance
CLS have announced an expansion of their contaminated land insurance suite:
“Following the success of the recent collaboration of CLS and Landmark Information Group (LIG) to bring you market leading environmental insurance with Homecheck Professional, CLS are pleased to announce that we are now expanding our suite of contaminated land products to offer further cover options for both residential and commercial properties.”
5 December 2016
The National Quality Mark Scheme for Land Contamination Management (NQMS)
The National Quality Mark Scheme for Land Contamination Management (NQMS), is set to be launched on 9 January 2017.
Not sure what it is and what it’s supposed to achieve, find out at the CL:AIRE website.
Will it provide reassurance and certainty for clients or just be another hurdle to leap at extra cost? Is it an attempt by the industry at self-regulation or a job creation scheme for the boys?
At the moment the answers are about as clear as they are on Brexit. There are wide variations in the standard of reports produced but is the way to address the issue? Will it just mean that responsible clients, who are already employing competent consultants pay extra, while those who think lowest cost is best regardless of all else will continue as before, quite unaware even of the scheme’s existence?
Department for Communities and Local Government Secretary Greg Clark announced that 73 councils across England will pilot one of the new brownfield registers, which will provide house builders with up-to-date and publicly available information on all brownfield sites available for housing locally.
The registers are designed to help housebuilders identify suitable sites quickly, speeding up the construction of new homes.
Communities may also draw attention to local sites for listing, including in some cases derelict buildings and eyesores that are primed for redevelopment and that could attract investment to the area.
Communities Secretary Greg Clark said: A key part of our ambition to build 1 million homes is to get work started on brownfield sites across the country – many of which are currently nothing more than blight on a community’s landscape. These councils will be at the forefront of these efforts to list land and encourage builders to deliver new homes for aspiring homeowners.
Housing Minister Brandon Lewis said: We want to help hard working families and first time buyers to own their home and to achieve this by building on brownfield land wherever possible to help protect our valued countryside. The register helps deliver both of these at a stroke. By getting the first councils going in piloting a register of brownfield land for housing we have the first wave of areas pushing for more homes on suitable brownfield land, including affordable housing.
The councils taking part in the brownfield pilots will inform future government policy and guidance on the operation of the brownfield registers. Registers will eventually become mandatory for all councils under proposals going through Parliament in the Housing and Planning Bill.
Other measures in the Housing and Planning Bill will enable ‘permission in principle’ to be granted for housing-led development sites listed on the new brownfield registers. This will mean developers building new homes on brownfield land will have a greater degree of certainty in relation to location, use and the amount of development.
4 January 2016
Contaminated Land Expert Panel, first case study
The Contaminated Land Expert Panel has been set up by Defra to support Local Authorities in England and Wales in making decisions on whether land is or is not
contaminated under Part 2A of the Environmental Protection Act 1990 (as amended). The Panel’s work focuses on cases that are not straightforward and where there is ambiguity over whether the land is considered legally contaminated or not (i.e. which side of the Category 2 / Category 3 does the land lie).
In December 2015 they published their first case study.