Introduction

Contaminated land is land that has the potential to cause harm to ecosystems, humans,
property or the environment (including lakes, ponds and watercourses) because of the
presence of particular substances in, on, over or under the ground or water.
A variety of human activities can contaminate land, and has done for centuries. These
activities deposit waste chemicals onto the land, which can build up over a period of time or
leach into the ground and surface waters. The chemicals in the leachate can react together to
produce potentially toxic products, which may have major environmental implications.
Contaminated soil containing toxic chemicals can have a direct effect on human health if
houses and gardens are constructed on it, which is why it is important to ensure that
contaminated land no longer presents a risk to human health before any development works
commence.
There is also the risk of chemicals evaporating, producing harmful or dangerous gases.

The purpose of this guidance is to make developers aware of what information may be
required by the council in order for them to assess an application for planning permission on
potentially contaminated land.
The Councils Approach
Government guidance recognises that potentially contaminated land is a fundamental planning consideration and
that the development phase is the most cost-effective time to deal with the problem.

Planning legislation and guidance places the responsibility on owners and developers to determine the extent of
any contamination on their site. The councils’ duty is to ensure that owners and developers carry out the
necessary investigations and proposals for dealing with any contaminated land in a responsible and effective
manner.

Councils have an additional duty under Part11A of the Environmental Protection Act 1990 to devise a strategy to
identify all contaminated sites, whether or not they are subject to development proposals. Where significant levels
of contamination are found then the council must take steps to remove or reduce the risk to people and the
environment. Copies of individual Local Authority strategies are available on request.

Sources of Contamination
A list of potentially contaminative uses is produced by the former Department of Environment and can be found on
many Local Authority Websites. This list is not exhaustive and is subject to change but may prove useful in
designing site investigations, assessing risks and remediation requirements. Some potentially contaminative uses
include gasworks, coke works, Ministry of Defence land and railway land.

Site Investigation Procedure

Before any development works commence on an area of land it must be determined whether or not it is
contaminated, and if so what remediation works need to be carried out to make the land ‘suitable for use’.

‘Suitable for use’

The UK policy for the control and treatment of existing contamination is based on the suitable for use principle.
This means that contaminated land is treated to deal with unacceptable actual or perceived threats to health,
safety or the environment, taking account of the actual or intended use of the site and where practical, such land
should be brought back into beneficial use.

The investigation should be divided into three phases, accompanied by a report for each phase, although not
every site will require each phase to be carried out.
Details of what information should be included in each phase report are as follows:

Phase 1: Desk Top Study

Objective: to obtain a good understanding of site history, setting, current and proposed use. Draw up a conceptual
model to establish any significant pollutant linkages in the source-pathway-receptor human health and
environmental risk assessment. Identify if further investigation or remediation is required.

Report should include:

 purpose and aims of the study
 credentials of person undertaking the study
 site location and current layout plans (appropriately scaled and annotated, including the National Grid
Reference)
 appraisal of site history including appropriately scaled and annotated historical maps
 appraisal of site walkover survey
 review of aerial photographs where available
 assessment of the environmental setting including the interpretation and implications of
- the geology, hydrogeology and hydrology of the area
- information form the Environment Agency on abstractions, pollution incidents, water quality
classification and landfill sites within 250 metres and
- whether there are any archaeological or ecological considerations
 assessment of current/ proposed site use and surrounding land uses
 review of an previous site contamination studies (desk based or intrusive, or IPPC investigations where
relevant) and remediation works
 review of local authority planning records, building control records, drainage and service plans
 preliminary (qualitative) assessment of risks, to include-

Version 1
16/08/04
2 of 6
 - an initial conceptual model to show the nature and extent of the potential contamination (see below)
and
- an appraisal of the potential contaminative sources, pathways and receptors (pollutant linkages)
 identification of potential contaminants and areas of concern
 recommendations for intrusive contamination investigations (if necessary) to include the identification and
justification of target areas for more detailed investigation.

What is a conceptual model?

This considers all potential contaminative sources, receptors and the pathways between them. E.g.

Dermal Contact Human Ingestion

Children Playing Vegetables Growing

Soil Soil

Fuel From Tanks

Soil Migration onto adjacent site

Groundwater

Phase 2: Detailed Investigation

Objective: to provide detailed site-specific information on substances in or on the ground, geology and
groundwater, and investigation more fully/confirm any possible source-pathway-receptor significant pollutant,
linkages identified in Phase 1.

Report should include:

 liaison with the Local Authority Contaminated Land Officer
 review of any previous site investigation contamination studies (desk-based or intrusive or IPPC investigations
where relevant) and remediation works
 site investigation methodology to include
- an appropriately scaled and annotated plan showing exploration locations , on site structures,
above/below ground storage tanks and existing services infrastructure etc
- justification of sampling regime and exploration locations, including the number of samples taken and
their depths
- sampling and analytical strategies – must be relevant to the previous industrial activity identified in the
desk top study and conceptual model
- groundwater/surface investigations according to the methodology written by the Environment Agency
and
- borehole/trial pit logs
 analysis of samples to be carried out by an accredited laboratory and must include
- all contaminants likely to be on site and
- where relevant, the identification of different species and distinction between varying carbon chain
lengths etc for example Polyaromatic Hydrocarbons (PAHs) Total Petroleum Hydrocarbons (TPHs)
 results and findings of investigation to include
- ground conditions (soil and groundwater regimes, including made ground and the potential mobility
and leachability)

Version 1
16/08/04
3 of 6
 - discussion of soil/groundwater/surface water contamination - visual, olfactory and analytical.
Comparison of analytical results with appropriate standards is essential
- consideration of ground gas and
- the presence of asbestos
 more detailed conceptual site model
 site specific risk assessment based on the contaminant source-pathway-receptor model for both health and
environmental receptors. Details of the site specific risk assessment model selected and why it was chosen
should also be included, the results and any model printouts that have been generated, for example, with
CLEA, data sheets should be included. Also include any validation reports to show if the model is performing
accurately
 recommendations for remediation – these must be appropriate for the suitable for use approach, based on
current use and circumstances of the land and its proposed new use
 recommendations for further investigations, if necessary

Phase 3: Remediation Strategy/Validation Report

Objective: to reduce the unacceptable environmental and human health risks identified in phase 1 and Phase 2 to
an acceptable level, in a managed and documented manner to best practice and current technical guidance.
Removal, stabilisation, containment or treatment of the affected area can achieve this.
Following this, a validation report must be submitted demonstrating that the works have been carried out
satisfactorily and remediation targets have been achieved.

Remediation strategy report to include:

 remediation options initially considered and justification for the chosen methods
 objectives of the remediation work, to include:
- description of the ground conditions (soil/gas/surface water and ground water etc)
- type, form and scale of contamination to be remediated (including consideration of services
infrastructure)
- remediation methodology
- site plan/drawings (appropriately scaled and annotated)
- phasing of works and approximate timescales
- consents and licenses (e.g. discharge consents, part B authorisations for mobile plant, asbestos
waste removal licence etc)
- details of environmental monitoring that will be undertaken
- site management measures to protect neighbours, environment and amenity during works, including
where appropriate :
 health and safety procedures
 dust, noise and odour controls and
 control of surface run off
 details of how the works will be validated to ensure the remediation objectives will have been met, including
- the sampling strategy
- the use of on-site observations, visual/olfactory evidence
- chemical analysis and
- the proposed clean up standards
 details of future monitoring requirements (where necessary) once remediation has been completed
 details on the lifespan of the recommended remediation works

If changes are made to the remediation strategy they must be agreed with the planning authority before they
commence.

Validation report should include:

 information as detailed in the remediation strategy
 details and justification of any changes from the original remediation strategy
 details of who carried out the work
 substantiating data:
- laboratory and in-situ test results

Version 1
16/08/04
4 of 6
 - monitoring of groundwater and gases during remediation and details of monitoring programme post
completion of remedial works, where agreed
- summary data plots and tables relating to clean up criteria
- plans showing treatment areas and details of any differences from the original remediation strategy
- waste management documentation
 confirmation that remediation objectives have been met, for example, a certificate of completion

Frequently Asked Questions

What will happen if I do not submit a desktop study with my planning application?
If you do not submit a desktop study with you planning application and your planning consent is granted then it is
likely that a planning condition will be attached requiring you to submit this information before you start
development works. The condition will not be discharged until the planning authority is satisfied with the
information provided. In some circumstances the council may be unable to grant permission until a satisfactory
site investigation has been carried out.

What is a planning condition and when is it issued?

If a site has a known history of potentially contaminative use or where the site history is unknown but
contamination is suspected a planning condition may be placed on the site. This may happen if an application for
planning permission has been submitted without a site investigation report.
Because of the serious nature of contaminated land issues it is an offence not to comply with a contaminated land
condition.

Who should carry out the site investigation?

The person or organisation carrying out the work must have the experience, qualifications and skills to do so and
must meet the following criteria:
 they should be a competent person – either an environmental scientist, chemist or hydrogeologist
 they must belong to an accredited body or must be able to demonstrate that they operate within a quality
assurance system
 they must use an accredited and quality assured laboratory (UKAS) to analyse samples and prepare
conclusive reports
 they must be aware of current legislative requirements including health and safety and the relevant codes of
practice
 they must be able to carry out risk management assessments and produce clear reports on the findings
 they must have, and maintain appropriate professional indemnity insurance

Who else should be consulted?

The planning authority and the developer may consult the Environment Agency if it is possible that:
 the pollution of surface or ground water is involved
 the water environment is at risk of pollution
 an application is within a flood plain area
 where the development is on a closed landfill or within 250 metres of a closed or active landfill

It may also be appropriate for the planning authority and developer to consult with Severn Trent Water or the
Countryside Council for Wales.

The authors would like to acknowledge Nottinghamshire Contaminated Land Sub-Group

2002, Bristol, Gloucestershire and Somerset Environmental Protection Committee,
Powys County Council and Wyre Forest District Council for their contributions to this
document.

Version 1
16/08/04
5 of 6
Contacts
For further information or advice regarding planning issues please contact the Development Control section in the
Planning Department:

 MONTGOMERYSHIRE
Neuadd Maldwyn  01938 551259
Severn Road  01938 551348
WELSHPOOL  [email protected]
SY21 7AS

 BRECKNOCKSHIRE
Neuadd Brycheiniog  01874 612274
Cambrian Way  01874 612339
BRECON  [email protected]
LD3 7HR

 RADNORSHIRE
The Gwalia  01597 827342
Ithon Road  01597 822167
LLANDRINDOD WELLS  [email protected]
LD1 6AA

 BRECON BEACONS NATIONAL PARK

Plas y Ffynnon  01874 624437
Cambrain Way  01874 622574
Brecon, Powys  [email protected]
LD3 7HP

For further information or advice regarding contamination issues please contact the Contaminated Land Officer in
the Pollution section of the Public Protection Department:

 CONTAMINATED LAND
Neuadd Maldwyn  01938 551045
Severn Road  01938 551392
WELSHPOOL  [email protected]
SY21 7AS

For further information or advice please contact::

 DEFRA
Information Resource Centre
Lower Ground Floor  08459 33 55 77
Ergon House, c/o Nobel House  [email protected]
17 Smith Square, London, SW1P 3JR  http://www.defra.gov.uk/environment/land/

 WELSH DEVELOPMENT AGENCY (MID-WALES)

Environment Manager, Ladywell House  01686 613169
Newtown, Powys, SY16 1JB  [email protected]

 ENVIRONMENT AGENCY
Offices in Bangor (N WALES), Shrewsbury (UPPER SEVERN) and Cardiff (SE WALES)
General Enquiry Line  08708 506506
 [email protected]

Version 1
16/08/04
6 of 6