Pollution Control - contaminated land

Some land in this country has been contaminated in the past by industries such as:

• gasworks
• tanneries
• chemical works
• landfills

These are often called brownfield sites.

The Problem

Brownfield sites can be a problem for two reasons:

• there may be harmful substances in, on or under the land
• water pollution might be caused by substances at the site

However, brownfield sites do not generally cause a problem unless they are redeveloped for a different use

'Pollutant linkage'

Land is only declared 'contaminated' if:

• it contains a source of pollution - the source and
• someone (or something) could be affected by the pollutant - the receptor and
• the pollution can get to the 'receptor' - the pathway

These three elements together are known as the pollutant linkage.

Action required

If you own or occupy contaminated land now, or you did in the past, you may be responsible for cleaning up the pollution. You may still be responsible for cleaning up the pollution after you have sold the land.

Some contamination can be a hazard to current occupants or neighbours and the law says the problem must be put right immediately.

Who pays?

The law follows the 'polluter pays' principle - the person or organisation that caused or permitted the contamination must pay to have it put right. If that person or organisation is not known, then the current owner of the land may become responsible.

Owners and occupiers of domestic properties are not usually liable for these costs.

Re-use of brownfield sites

The approval of an application for redevelopment of these sites will only be granted on condition that the contamination is cleaned up to a standard that makes it suitable for the new use of the land.

You should obtain specialist advice from an environmental consultant or a specialist lawyer before you buy or sell contaminated land. When you buy land in Hertsmere, the Land Charges department at the local council will tell you if a site has been declared 'contaminated land'.

What the local council does about contaminated land

The local council is responsible for enforcing the 'contaminated land' legislation. The council:

• publishes a Contaminated Land Strategy, which says how it will find contaminated sites in its area
• carries out inspections of land that may be contaminated
• finds out who is responsible for putting right the contamination and discusses the problem with them
• formally declares land contaminated • agrees the necessary action and makes sure it is done
• keeps a Public Register of contaminated land sites, the action that was required to put the problem right and any legal action that has been taken.

In some cases the Environment Agency may take over the regulation of a site from the council, once it has been declared as 'contaminated land'.

See Hertsmere's Contaminated Land Strategy here 

 

Planning

If a piece of land is to be re-developed or have its use changed, and the land could potentially be contaminated, then this is usually dealt with under the Town and Country Planning Act.

It is the responsibility of the owners and/or developers of the site to establish the extent and nature of any potentially harmful materials on the site. This should normally be done before the formal planning permission is granted for the development. However, if this is not possible, permission can be granted, but certain conditions regarding land contamination will be attached to the permission, which must be met.

If potential risks are identified, the land will need to be dealt with before development begins, to minimise all risks posed. This process is known as remediation.

Guidelines have been produced to help applicants, developers, land owners and consultants meet the planning requirements for a potentially contaminated site. It was prepared by Hertsmere Borough Council, in association with other local authorities in Hertfordshire and Bedfordshire and the Environment Agency and sets out the information that a Local Planning Authority will require.

Click on the link to download the 'Contaminated Land Planning Guidance’.

Environmental Information

The Council can provide environmental information on sites within the Borough in accordance with the Environmental Information Regulations (EIR) 2004. We hold various information relating to contaminated land issues, including details of site investigations and remedial works, location of former landfill sites, details of authorised industrial processes, pollution incident records and details of private water supplies.

We currently charge £75 to provide written responses to environmental information requests. Please use the contact details below to enquire about or request environmental information.

Public Register of contaminated land sites

In accordance with its duty under Section 78R of Part IIA of the Environmental Protection Act 1990, the Council has a Contaminated Land Register.

Whilst the register is a public document it should be noted that it is not a list of contaminated or potentially contaminated sites within the Borough. The register merely documents enforcement action, which has been taken by the authority in relation to the 'clean up' of contaminated land.

There are currently no entries on the Council's contaminated land register.

Contact Details

Contaminated Land Officer: Mrs Amanda Hughes
Address:

Hertsmere Borough Council
Environmental Health
Civic Offices
Elstree Way
Borehamwood
Hertfordshire. WD6 1WA
Telephone: 020 8207 2277  ex 4375
Fax: 020 8207 7436
Email: environmental.health@hertsmere.gov.uk

Other useful Links:

Further Information on Contaminated Land can be obtained from:
www.contamlinks.co.uk 
www.environment-agency.gov.uk/subjects/landquality
www.defra.gov.uk/environment/land/contaminated/index.htm
www.contaminated-land.org