Land reclamation
Throughout the UK there are many sites which have been
contaminated by previous industrial use, often associated with
traditional processes which may present a hazard to the general
environment, but for which there is a growing requirement for
reclamation and redevelopment.
Local authorities are working to identify contaminated land in
England and Wales under Part IIA of the Environmental Protection
Act 1990.
The degree to which the reclamation is performed is dependent on
the end use of the land.
The town and country planning system controls development and
the use of land in the wider public interest. Local planning
authorities within each local authority are responsible for
planning issues and making sure that planning requirements are
met.
Contamination of land can occur as a result of previous
industrial use and may represent harm to human health and the
environment. Contamination is a "material planning consideration"
which means that a planning authority must consider contamination
when they prepare development plans or consider individual
applications for planning permission.
It is the responsibility of the developer to carry out the
remediation and satisfy the local authority that the remediation
has been carried out as agreed.
The Environment Agency has responsibilities to protect the water
environment under a number of regimes. Through planning system, a
planning authority may consult the Agency where there may be a risk
that pollution of "controlled waters" may occur or may have
occurred in the past (controlled waters are coastal waters, inland
fresh waters and ground waters).
The local planning authority will consult within the local
authority for advice on human health, risks to buildings etc.
Although a regime now exists to deal with historical
contamination (Part IIA of the Environment Protection Act 1990) it
is anticipated that many contaminated sites will continue to be
dealt with under the planning system.
A key difference between planning and Part IIA is that Part IIA
deals with the contamination risk from a site in its current use,
but the planning system requires that the proposed use is
considered. Therefore the remediation requirements under the
planning system can be wider than under Part IIA.
Where remediation is carried out under the planning system, it
should be ensured that the site is in such a condition that it
would not still meet the definition of contaminated land under Part
IIA.
Further information