Development of Land Affected By Contamination

Land affected by Contamination

Land may be affected by contamination for many reasons including high levels of naturally occurring contaminants, industrial land use and accidental spills and leaks of substances that may affect the soil or groundwater quality.

The most common form of contamination in Wychavon is that resulting from current or historic industrial activity. Most historic industries and many current ones result in some residual contamination of the soil or groundwater of the site and potentially adjacent sites. Central Government, the European Union and others have produced guidance on the industries likely to give rise to contamination.

This is not an exhaustive list and neither does it imply that contamination will be on site, just the likelihood that it may exist.

Read more on the work Wychavon undertakes to tackle contamination issues here.

Do I need to consider contamination?

If you are considering developing any site, the potential for contamination should at least be considered. If the site is or was historically used for any of the industries likely to give rise to contamination then contamination will need to be considered.

In addition, should leaks or spillages be known to have occurred or the site is in an area where naturally high levels of contamination are known to occur, it will need to be considered.

Whose responsibility is it to consider contamination?

Ultimately it is the developer who is responsible to ensure that any development is safe and suitable for use for the purpose for which it is intended.  During purchase of any brownfield site it would be typical and prudent to undertake an assessment of contamination issues, amongst other things. This can be used to identify any potentially contaminative landuses historically located pollution incidents on the site.

The extent of any potential contamination may affect the costs of any required remediation prior to redevelopment. English Partnerships have revised Best Practice Note 27 on Contamination and Dereliction Remediation Costs to assist developers and landowners estimate the cost of remediation for contaminated brownfield sites. A copy of their document can be downloaded from the publications section of the English Partnerships website for free.

All Applicants of sites where contamination may be an issue will be required to submit a ‘Phase 1 Report’.  For all industrial to residential changes of use or developments of over 5 dwellings a Phase I Report will need to be submitted with any planning application. A Phase I Report identifies the contamination issues on the site from a desk-based study and site walkover to form the basis of a Conceptual Site Model and risk assessment.

If unexpected contamination is identified during development it must be dealt with appropriately. In addition The Building Regulations 2000 (Approved Document C) require the Environmental Health Department to be informed if contaminants are found on a site where the presence of contamination has not been formally recognised through the planning process.

Will contamination affect my planning application?

Proposals for development where contamination may be an issue will be determined by the Council against policies contained in the Adopted Wychavon District Local Plan, in particular ENV 22 , the Worcestershire Structure Plan, the West Midlands Regional Spatial Strategy and National Guidance contained in  Planning Policy Statement 23:  Planning Policy Statement 23: Planning Policy and Pollution Control

It is important to identify any potential contamination issues early on and consider the options available.  For most sites where contamination may be an issue specific action will not be needed to remediate for contamination, however there are some that will. Some proposals may be restricted or inappropriate due to contamination issues.  Conditions will be applied to any permission granted where appropriate to ensure that contamination is addressed sufficiently.  

Further Advice and Useful Contacts:

The English Partnerships website

What you can expect from us

See how quickly we aim to deal with your enquiries

Mark Cox, Contaminated Land Officer
Environmental Protection Section
Environmental Services
Wychavon District Council
Civic Centre,
Queen Elizabeth Drive
Pershore
Worcs  WR10 1PT

Telephone: 01386 565231 Fax: 01386 561826 Email:contaminated.land@wychavon.gov.uk