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There are three different ways in which the Council manages land contamination.
1. Part IIA of the Environmental Protection Act 1990
Contaminated land is managed using this legislation when:
The contamination is historical, often from former industrial activities
Other ways to deal with the contamination are not suitable and the site is unlikely to come forward for redevelopment through planning.
The Council will only carry out an inspection under Part IIA when, after a period of review, there is no other appropriate route to deal with the potential risks, as outlined below. This approach is more efficient and consistent with the Statutory Guidance.
2. Redevelopment through the planning system
Most contaminated land is dealt with through the planning process. The National Planning Policy Framework requires:
Land to be safe for its intended use, considering ground conditions and contamination
After remediation, land must not be capable of being determined as contaminated land under Part IIA of the Environmental Protection Act 1990
Developers must provide site investigation information prepared by competent professionals.
Under planning, where sites brought forward for development are affected by contamination, responsibility for a safe development rests with the developer and/or landowner. The Council, as the regulator, has an essential role in ensuring risks are assessed and mitigated to appropriate regulatory standards.
The Council’s Planning Service checks planning applications for contamination risks. Where necessary, Environmental Protection Officers will then review the application and may add conditions to ensure risks are properly managed. In rare cases, they may also object to development where risks are considered too high.
The Environment Agency and Natural Resources Wales are also consulted if groundwater or other water bodies might be affected.
3. Other routes to deal with land contamination
Sometimes other routes are more suitable for dealing with land contamination. For example:
Environmental Damages Regulations (2015) - are relevant for new pollution or environmental damage to human health, water, or wildlife. The polluter must take immediate action to fix the damage and prevent recurrence. The Council, The Environment Agency and Natural Resources Wales are all involved in enforcing this legislation.
Water Resources Act (1991) –used when pollution affects a body of water, such as rivers, lakes, or groundwater. The Environment Agency or Natural Resources Wales can take action under this legislation.
Waste Legislation - used when land is contaminated by new illegal tipping of waste. The Council, the Environment Agency and Natural Resources Wales are all involved in enforcing this legislation.
Environmental Permitting Regulations (2010) - deals with industrial pollution. Certain industrial facilities require a permit to control activities and ensure sites are cleaned up when a facility is closed. The Environment Agency and Natural Resources Wales deal with most permits, although some processes are enforced by the Council.
There are three different ways in which the Council manages land contamination.
1. Part IIA of the Environmental Protection Act 1990
Contaminated land is managed using this legislation when:
The contamination is historical, often from former industrial activities
Other ways to deal with the contamination are not suitable and the site is unlikely to come forward for redevelopment through planning.
The Council will only carry out an inspection under Part IIA when, after a period of review, there is no other appropriate route to deal with the potential risks, as outlined below. This approach is more efficient and consistent with the Statutory Guidance.
2. Redevelopment through the planning system
Most contaminated land is dealt with through the planning process. The National Planning Policy Framework requires:
Land to be safe for its intended use, considering ground conditions and contamination
After remediation, land must not be capable of being determined as contaminated land under Part IIA of the Environmental Protection Act 1990
Developers must provide site investigation information prepared by competent professionals.
Under planning, where sites brought forward for development are affected by contamination, responsibility for a safe development rests with the developer and/or landowner. The Council, as the regulator, has an essential role in ensuring risks are assessed and mitigated to appropriate regulatory standards.
The Council’s Planning Service checks planning applications for contamination risks. Where necessary, Environmental Protection Officers will then review the application and may add conditions to ensure risks are properly managed. In rare cases, they may also object to development where risks are considered too high.
The Environment Agency and Natural Resources Wales are also consulted if groundwater or other water bodies might be affected.
3. Other routes to deal with land contamination
Sometimes other routes are more suitable for dealing with land contamination. For example:
Environmental Damages Regulations (2015) - are relevant for new pollution or environmental damage to human health, water, or wildlife. The polluter must take immediate action to fix the damage and prevent recurrence. The Council, The Environment Agency and Natural Resources Wales are all involved in enforcing this legislation.
Water Resources Act (1991) –used when pollution affects a body of water, such as rivers, lakes, or groundwater. The Environment Agency or Natural Resources Wales can take action under this legislation.
Waste Legislation - used when land is contaminated by new illegal tipping of waste. The Council, the Environment Agency and Natural Resources Wales are all involved in enforcing this legislation.
Environmental Permitting Regulations (2010) - deals with industrial pollution. Certain industrial facilities require a permit to control activities and ensure sites are cleaned up when a facility is closed. The Environment Agency and Natural Resources Wales deal with most permits, although some processes are enforced by the Council.
