Contaminated land legally means land that contains substances that could cause significant harm to people, property, or protected species. This also includes land that carries the risk of polluting surface waters of lakes or rivers.
The answer to this is not as straightforward as you might imagine; it rather depends on who is asking and why they are asking. So let us consider the who or why:
The new brownfield fund opens the potential for derelict brownfield sites across England will be transformed into thousands of new homes
The adverse impact of over production of nutrients is something we have known about for a long time, unfortunately there has been little coordinated action to address the matter. As my grandmother would have said “A stitch in time saves nine”, I suspect there are some who feel that on this issue we long ago passed the point where nine stitches were going to do the job but to use another we worn phrase, better late than never.
An interesting article by Steven Porter and Sam Wardleworth of Pinsent Masons makes the case that:
There are several areas in which the law governing landfill tax in England and Northern Ireland could be clarified so that the tax better supports the government’s environmental objectives, including achieving zero avoidable waste by 2050.
New measures to recover from the pandemic and help provide much-needed new homes have been set out recently by Housing Secretary Robert Jenrick.
Under the proposals, cities will be encouraged to plan for more family homes – which are the right size and type for families to live in – and to make the most of vacant buildings and underused land to protect green spaces.
A developer is now able to give planning authorities “Prior Notification” of certain changes of use rather than applying for full planning permission. These changes of use include:
Change of use of a building from business to residential
Change of use of a building to a school
Change of use from an agricultural building to another use
This timely document is entitled Before You Dig, Garages & Petrol Stations, Guidance for Developers, EPUK. David Rudland et al.
EPUK say “This guide has been produced now because we anticipate alternative fuels will make many of the 8500 retail forecourts in the UK surplus over the next 5-10 years or so. Repurposing this kind of brownfield site presents particular challenges of the sort that drive some developers to seek greenfield sites instead.
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.
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.
Dear All
In June 2019, the Environment Agency (EA) published an update to the Model procedures for the management of land contamination (CLR11).