Contaminated land
Sometimes, land is contaminated by industrial activities. Contaminants like metals, fuels, solvents and pesticides may build up at industrial, mining and waste disposal sites.
In the past, landfill sites did not take enough care over the escape of waste gases. If this issue is not dealt with, there may be a serious threat to health or the environment, including water pollution.
We look at contamination risk differently depending on whether a site is going to be redeveloped or not. We use the planning process for sites that will be redeveloped. The Environmental Protection Act lets us investigate and assess any other sites.
Sometimes home owners, prospective buyers and solicitors discover potentially contaminated land when selling or buying a property. Developers may also encounter planning conditions relating to potential contamination.
Many potentially contaminated sites have been redeveloped. It is possible that contamination was not considered or addressed properly at the time of redevelopment.
Is contamination always an issue for previously developed land?
There are a wide range of potential contaminants that may be present on former and current sites used for business and industry. These may include oils, fuels, ash, clinker, slag, solvents, preservatives, tars, acids, domestic waste, organic material and heavy metals or metalloids.
In most cases, there will be little or no risk associated with living on, or near, land that was used for industry.
The planning process is used to consider potential contamination when sites are redeveloped.
What are environmental search certificates?
A solicitor, during conveyancing, may commission an environmental search with a commercial environmental search company. These companies hold a large amount of data obtained from historic and current Ordnance Survey data together with information from a variety of regulatory sources.
They use this to establish if there is a potential for the property to be affected by contamination. These companies typically offer some form of warranty or certificate if there is little likelihood of contamination present.
My property has been awarded a certificate, does this mean it won't be affected by contamination?
If your property is awarded a certificate, it does not necessarily follow that the property will not be affected by contamination.
The decision to issue a warranty or certificate is down to the judgement of the company undertaking the search.
This decision is based upon facts known to and available to the search company at the time. As a result they often only indicate whether a more detailed investigation would be appropriate.
My property has been refused a certificate, does this mean it is contaminated?
A commercial search provider may refuse a certificate if there is a possibility that the property might be situated on, next to, or within a site, which has been used in potentially contaminative ways.
If a certificate is refused, this does not mean that a property will be determined as contaminated land. The decision to issue a warranty or certificate is down to the judgement of the company undertaking the search.
This decision is based upon facts known to and available to the search company at the time. As a result they often only indicate whether a more detailed investigation would be appropriate.
How do I find out more about the contamination on a piece of land?
If the potential contamination is on a site of new housing, you could contact the developer, the National House Building Council or the local planning department. They may have information on the issue from the time of development. Many planning files for Herefordshire are available to review online.
We may have information about the site, including details of historic land uses, closed landfill sites, or ground investigations (for example soil testing) that have previously been carried out on, or near to a particular property.
To find out more, contact us on:
What is Contaminated Land: Part 2A of the Environmental Protection Act 1990?
Part 2A of the Environmental Protection Act 1990 lets us identify, inspect and deal with contaminated land, where the contamination is causing an unacceptable risk to human health or the wider environment. We consider these risks in the context of the land's current use.
The act orders local authorities to adopt and publish a strategy for inspecting of contaminated land, in accordance with statutory guidance.
Does the council have a list of contaminated land sites?
We maintain a register of all regulatory action taken in respect of the remediation of contaminated land as defined by Part 2A of the Environmental Protection Act 1990.
The register holds information relating to each site, such as:
- Address
- Approximate area
- Current use of the land
- Substances which have caused the land to be defined as contaminated
Please contact us to view the register or to find out more on:
How many sites could be contaminated in Herefordshire?
We have identified more than 8000 sites in Herefordshire that may require further investigation or assessment.
What should I do if I suspect that land is contaminated?
Please contact us immediately on:
Does the planning process consider contamination?
We use planning conditions to control building on formerly developed land. This ensures any risk from contamination is dealt with effectively.
Land contamination is only an issue if there is a possibility it could have a significant adverse impact on human health, controlled waters or certain protected ecosystems.
The legal definition of contaminated land is complex. There is a strict legal test to consider the impact of contamination. This means not all sites which have contaminants present on them will be determined as contaminated land within a legal context.
I am making a planning application, what do I do about contamination?
There is a question on planning application forms which specifically relates to contamination. If you know or suspect from the former use of the site (for example, a petrol station) that contamination is present or the proposed use of the site is considered sensitive, then a contamination assessment should be submitted with your application.
Contamination assessments should be prepared by a competent person who will be familiar with guidance and regulations concerning land contamination.
If you have any difficulties in finding a practitioner, please contact us on:
What is the role of the developer when considering land contamination?
If you wish to develop land that has a potential history of contamination, you will need to submit a contamination assessment. This ensures that you have fully considered any risks to future users of the site.
The developer of a site is responsible for ensuring any proposed development is suitable for its intended use.
Details and guidance for the assessment of potentially contaminated land are available on the Environment Agency website.
Why do I have a contamination condition on my planning approval?
As part of the planning process, the air, water and land team are consulted on applications for sites where there has been a known or suspected potential contamination. Where appropriate, we will add a condition to a planning approval for further information to be submitted on the potential contamination.
For further details see the National Planning Policy Framework.
What are my next steps?
A suitably qualified and competent practitioner who will be familiar with guidance and regulations concerning land contamination should carry out a contamination assessment.
If you have any difficulties in finding a practitioner, please contact us on:
What role do building control have in contaminated land?
Building control inspectors consider contamination through Approved Document C.
If a site may be contaminated but a planning condition would be excessive, a planning notice may be placed on an approval notice. This is so that the building inspector is aware of the potential contamination.
If unexpected contamination is encountered during development, this is also considered through Approved Document C. It is a developer's responsibility to ensure the development is suitable for use whether or not a planning condition has been applied.
For further information, please contact the building control service.