Contaminated Land Inspection Strategy 2024 to 2029

The Planning Regime

Contamination is a material consideration under the Town and Country Planning Act 1990 and the planning regime remains the primary mechanism for dealing with contaminated land. In accordance with the National Planning Policy Framework (Rev December 2023), Paragraphs 183 details the requirements for addressing potential contamination in the development control process to ensure the site is suitable for its proposed use.

The planning regime addresses the risks in relation to future use of land and where a site is affected by contamination or land stability issues. The responsibility for securing a safe development rest with the developer and or landowner.

Planning policies and decisions should ensure that a site is suitable for its new use and that after remediation, as a minimum, land should not be capable of being determined as contaminated land under Part 2A of the Environmental Protection Act 1990.

Where necessary, Stockton-on-Tees Borough Council will use conditional approval on planning consents that requires the developer and or landowner to follow a staged process of risk assessment to demonstrate that contamination has been effectively considered and dealt with in accordance with legislation, current guidance, and good practice to demonstrate that the development is suitable for its new intended use.

For consistency in the planning process, Regional Technical Guidance for Developers, Landowners, and Consultants has been adopted (Yorkshire and Lincolnshire Advisory Group, July 2023). This outlines the phases of investigation and risk assessment, and what should be included in the reports.

• Phase 1 - Desktop Study, Site Walkover and Sampling Strategy or Screening Assessment
• Phase 2 - Site Investigation and Risk Assessment
• Phase 3 - Remediation and Verification Strategy
• Phase 4 - Verification and Completion Report

Building Regulations

The Building Regulations 2010 Part C, C1. (2) and approved Document C, Site Preparation and Resistance to Contaminants and Moisture (2004 edition), contain specific requirements regarding contamination and landfill gas issues. These require measures to be taken to protect new buildings, and their future occupants, from the effects of contamination, including hazardous ground gases.

The Water Resources Act 1991

The Water Resources Act 1991 provides the Environment Agency with powers to take action to prevent or remedy the pollution of controlled waters. The Act is particularly useful in cases where there is historic pollution of groundwater, but where the Part 2A regime cannot be applied, for example, where pollutants are entirely contained within the relevant body of groundwater or where the source site cannot be identified.

Local Authority Integrated Pollution Prevention Control

The regulation and operation of installations under Local Authority Integrated Pollution Prevention Control are legislated under the Environmental Permitting (England and Wales) Regulations 2016 and the Industrial Emissions Directive (IED) (2010/75/EU) which are the provisions for dealing with contamination resulting from a breach of an environmental permit. 

Article 22 (2) of the Industrial Emissions Directive requires operators of some installations to submit a baseline report of the state of soil and groundwater of the site prior to operating. This is implemented in the Local Authority Integrated Pollution Prevention Control Regime, requiring some permit applications to include a site report describing the baseline condition of the site of the installation, identifying any substance, on or under the land which may constitute a pollution risk. Consideration to the European Commission Guidance for Baseline Reports will be given.

On surrender of the permit, the operator must be able to demonstrate no deterioration of the baseline condition has occurred because of the permitted activities or will be required to restore the land and groundwater to its original state.

Environmental Permits issued by the Environment Agency are subject to the same requirements.

Environmental Damage Regulations 2015

The Environmental Damage (Prevention and Remediation) Regulations 2015 provide additional enforcement powers for the prevention and regulation of land contamination. These can be applied to allow a rapid reactive resolution to land contamination caused by a pollution incident. The regulations define environmental damage as damage to:

• (a) protected species or natural habitats, or sites of Special Scientific Interest (SSSI's)
• (b) surface water or groundwater with a deterioration in the water's status
• (c) contamination of land that results in a significant risk of adverse effects on human health

The Environment Agency, Natural England, Local Authorities, and the Secretary of State are the enforcing authorities responsible for administering and enforcing the regulations in England and Wales, depending on the type of damage involved. The enforcing authority must establish whether damage is 'environmental damage' and identify a responsible operator to serve a remediation notice taking account of any measures proposed by the operator.