Contaminated Land Inspection Strategy 2024 to 2029

Prioritisation   

The original Strategy (A Strategy for Remediation and Reclamation of Contaminated Land, Stockton-on-Tees Borough Council, April 2001) upon identifying and prioritising areas of contaminated land within the Borough. The Council conducted a site categorisation exercise using the Babtie Group Limited software and methodology set out in the Identification, Prioritisation and Risk Ranking of Potentially Contaminated Land (Babtie Group Limited, June 2002) and the Contaminated Land Research Report CLR Report 6 [1995] Prioritisation and Categorisation Procedure.

The risk categorisations have been assigned as preliminary priority categories (PPC), PPC1 being the highest risk category, PPC4 the lowest risk category. A spacial model was developed using a standard Geographical Information System (QGIS) software to overlay the sites and to assess the spatial relationship between potentially contaminated land and environmental pathways.

Whilst the methodology did not explicitly mention controlled waters, it lays out the basic framework for considering the impact of contaminated land on groundwater by considering past uses and the proximity of sensitive receptors including water bodies.

The PPC categorisation may alter as additional information becomes available through further investigation and to further refine the order of priority of these sites. The information held includes details of site investigation and remediation reports.

Table 1 - CLR 6 - Priority categories

Progress with previous strategies

The 2014 to 2019 Strategy proposed that the focus for contaminated land would be on high priority sites where human health is of greatest concern. Following completion of initial preliminary in 2001, the Council secured funding for sites deemed high priority.

At the time of publication approximately 58 high priority sites (PCC1) of potential contaminated land had been completed and two high risk priority sites (PCC1) which are incomplete.

As a result of the inspection programme, one site has been determined as contaminated land under Section 78 of the Environmental Protection Act 1990 (Section 78 of the Environmental Protection Act 1990). This is located at the former Yarm Gas Works at West Street, Yarm.

Inspections under Part 2A shall continue where required to be investigated by the Environment Agency at the request of Stockton-on-Tees Borough Council. A priority action for the strategy is to update the list of sites being investigated by the Environment Agency and to provide a summary of these within the next Contaminated Land Strategy.

During 2019 to 2024 our closed landfill sites at Whitton Village was prioritised for assessment on the basis for potential gas migration. Significant infrastructure upgrades were undertaken in 2022, improving the management of landfill gas and monitoring system for the next 15 years.

Stockton-on-Tees Borough Council manages the Cowpen Bewley Effluent Plant at Cowpen Bewley Woodland Park, Billingham. Both sites will require long term management and monitoring to manage the risks posed to environmental receptors.

Sites assessed through the planning regime

The work undertaken through the planning regime is an ongoing process which enables the assessment of land which is potentially contaminated. This involves all sites, irrespective of the risk categories, which meet the criteria for a contaminated land assessment.

Where the potential for contamination exists, or where the proposed development is vulnerable, the possibility of contaminated land should be assessed. Technical Guidance for Developers, landowners, and Consultants (Yorkshire and Lincolnshire Advisory Group, July 2023) provides guidance to good practice and consistency for development on land affected by contamination.

Between 2019 to 2024 Environmental Health has assessed approximately 382 sites through the Planning Regime, and this work involves assessment of land conditions via submission of preliminary desk top study, site investigation reports, remediation, and validation of site work.

Any site where there is the potential for contamination exists, or where the proposed development is vulnerable, the possibility of contaminated land should be assessed, irrespective of the risk categorisation.

The contaminated land conditions have been reviewed in accordance with the updated Land Contamination Risk Management Guidance (Environment Agency, updated July 2023) and other relevant guidance documents. As a minimum, after the new development is completed, the land should be suitable for its new use and not meet the legal definition of contaminated land.

Aims of the strategy

• a) the approach to historic pollution of land is rational, ordered, and efficient
• b) priority given to land that to pose the greatest risk to human health or the environment
• c) encourage the re-use and remediation of brownfield land through the planning regime in accordance with the National Planning Policy Framework to ensure that new developments are suitable for use
• d) encourage voluntary action to deal with land contamination issues as far as it considers reasonable and practicable
• e) part 2A determination shall only be considered where no appropriate alternative solution exists and other legislative means to address contaminated land have been considered
• f) action is proportionate to the seriousness of any actual or potential risk
• g) ensure wherever possible that the original polluter pays for land remediation
• h) liaise with all internal and external partner agencies where required: Natural England, Environment Agency, Tees Archaeology, Public Health England, Cleveland Fire Authority
• i)  communicate the risk of potential or actual presence of contamination to all interested parties including the local community, residents, internal and external agencies, and businesses
• j) promote sustainable development within the Borough

Priority actions and timescales for 2024 to 2029

Table 2 - Priority Actions and Timescales 2024 to 2029

Dealing with unforeseen urgent sites

Where information is received indicating the possibility of imminent significant harm to health or imminent significant pollution of controlled waters, a strategic preliminary site assessment (desk top study) will be carried out to determine the likelihood of such an event occurring. Where it is identified that a significant contaminant linkage is likely to exist, urgent action to carry out further investigation will be necessary, and an action plan will be drawn up and implemented. 

This work would take priority over the scheduled programme of work for 2024 to 2029.