A SIMPLIFIED GUIDE TO PLANNING APPLICATIONS AND LAND CONTAMINATION

Transcription

1 London Borough of Bexley Developers Guide A SIMPLIFIED GUIDE TO PLANNING APPLICATIONS AND LAND CONTAMINATION Helping You to Get It Right

2 Contents 1. Introduction The Developer s Responsibility What should be considered before making an application Information Required from the Applicant The Site Investigation Procedure Checklist for Reports Submitted to assist Planning applications: Submission of Reports... 4 London Borough of Bexley January 2015

3 1. Introduction This simplified guide is aimed at owners and developers who are required to submit land contamination assessment. The purpose of this guide is to make developers aware of what basic information is required, with an application for planning permission where the presence of contamination may be an issue. The possibility of contamination should always be considered: Whenever the development/application is for housing, school, hospital, residential home, park or other "open" recreation land, and; In general, where it is known or suspected that the land was previously used for commercial or industrial uses, for quarry working and/or subsequent landfill waste disposal and where the land has been reclaimed, re-contoured or "filled" - whether by landfill or otherwise, and; Where other land nearby, is being, or has been, used for one of those purposes such that it may have had an impact on the land subject to the planning application, and; Where it is known that, or there appears to have been "spills" or other pollution incidents. It is not possible to provide comprehensive guidance to dealing with all contaminated land issues in this guide. 2. The Developer s Responsibility It is the owners and developers that have the responsibility to carry out all necessary investigations and to ensure that the development is safe and suitable for the intended use. Where a developer is proposing to develop land which may be affected by contamination, it is advisable to contact the Development Control and Environmental Protection Departments to discuss land contamination issues, before submitting a planning application. This liaison should prevent time delays and misunderstandings at a later stage in the development. Before any development work begins on a site, all assessment work must be agreed with Bexley Development Control and Environmental Protection Departments. 1

4 3. What should be considered before making an application Before application is made, the following should be considered and questions answered: 1. Has a site investigation been carried out to establish previous land use and whether or not there are other possible sources of contamination which could affect the proposed development? If No, a preliminary investigation should be carried out (Phase 1). Development Control along with Environmental Protection can advise regarding possible requirements. If Yes, see Q2. 2. Is there a history of potentially contaminative land use or evidence of other potential sources of contamination which could impact on the development? If Yes, you will need to discuss the requirements of further assessment of risk with Development Control together with the Environmental Protection Section If No, submit your site investigation report with your application to Bexley Development Control Section. 4. Information Required from the Applicant The minimum requirement that should be provided by an applicant is the report of a desk study and site reconnaissance (walk-over). This will, in some cases, be sufficient to develop a conceptual model of the source of contamination and pathways by which it might reach vulnerable receptors as well as the means by which the identified pollutant linkages can be broken. While they may provide a useful indication of the possible presence of contamination, the commercial searches provided on the internet (i.e. 'Groundsure', 'Homecheck' and 'Landmark/Envirosearch') will not be sufficient to establish the presence or absence of contamination. Where official guidance has been produced, the investigation and remediation of land should be carried out in accordance with those standards and recommendations. The need for care when selecting a competent, suitably qualified, and experienced consultant is fundamental to producing a reliable contaminated land assessment. Although we are unable to recommend individual consultants or companies contact details for consultant and associated services are given in Appendix 3. In addition, the Environmental Consultancy Directory produced by ENDS (Environmental Data Services) can be accessed at We will have no option but to reject reports or require further information in all cases where assessment has not been carried out in accordance with current guidance or fails to establish confidence in the findings and conclusions reached. 2

5 5. The Site Investigation Procedure The site investigation procedure will identify the potential for contamination, and identify possible areas that may require remediation to make a site 'suitable for use'. The investigation can be split into three phases, although not every site will require each phase to be carried out. Phase 1 - Desktop and Walkover Study The desktop and walkover study is the collection of information in order that the 'conceptual site model' (CSM) can be established. This model considers the contaminant - pathway receptor relationship, defined as a pollutant linkage. The study should identify all potential contaminants associated with the current and historical uses of the site and its surrounds. The conclusions of the report should have recommendations for any progression to Phase 2, if required. Phase 2 - Detailed Investigation The 'Detailed Investigation' phase is the on-site validation of the conceptual model through intrusive investigation, chemical testing and quantitative risk assessment. The Phase 2 study can confirm possible pollutant linkages and therefore, should also provide appropriate remediation options, if required. It should review all previous site investigation contamination studies (desk-based or intrusive) or remediation works with reference to the Phase 1 assessment. The investigation should obtain representative soil, soil gas and water samples where appropriate, to be sent for analysis, the results of which should feed into the risk assessment process and updating of the Conceptual Site Model. The details of the proposed scheme of investigation should be submitted to the Development Control Section for written approval before implementing the investigation, evaluating the data and assessing the risks using generic assessment criteria, or if appropriate, detailed quantitative risk assessment (DQRA) to identify and evaluate remedial options. Phase 3 - Remediation Strategy and Verification Report The remediation phase of the process is split into two sections. Firstly, the 'Remediation Statement' is a document detailing the objectives, methodology and procedures of the proposed remediation works. This must be submitted for approval by the Council before any works commence. Secondly, following completion of the works, a 'Verification Report' must be submitted, preferably with photographs of the works undertaken, to demonstrate that the works have been carried out satisfactorily and remediation targets have been achieved. All reports should be submitted to the Development Control (Planning Officer) at the Civic Offices and will be forwarded to the Environmental Protection (Contaminated Land Officer. 3

6 6. Checklist for Reports Submitted to assist Planning applications: The Checklists included in Appendix 1, have been designed to aid in the swift processing of planning applications for potentially contaminative sites. It provides a guide on what the Council will require when assessing the content of any site reports submitted in response to a planning condition It is essential that all proposals for completing any work for compliance be agreed in writing with the Council before commencement. If any of the items scheduled in the checklist are not submitted in the reports then a full explanation should be included as to their omission. The list is not exhaustive, and as such the contents of any site reports will vary due to site specific issues e.g. the past use of the site, the nature and extent of the contamination and the proposed end use of the site. The scope of submitted reports should therefore reflect the size and complexity of the site. 7. Submission of Reports All reports must be signed by the author. Word or PDF copies are the preferred format, however hard copies are acceptable. 4

7 Frequently Asked Questions: What will happen if I do not submit a Phase I Risk Assessment (desktop and walkover study) with my planning application? Your planning application may be delayed or refused on the grounds of insufficient information. Development Control (planning department) must be satisfied that issues related to contamination can be satisfactorily addressed. What is a planning condition and when is it used? A planning condition is a requirement contained in a planning permission. Planning conditions control a wide variety of matters when a proposed development has a planning or environmental impact. It may be used when contamination risks are known and viable remediation options have been established before the planning department grant planning permission. The condition will not be discharged until the Council is satisfied that all information has been provided and activities etc. suitably completed When would the council put a planning condition on a site? The Council may attach such a condition where a site has a known history of potentially contaminative uses or where the site history is unknown but it is suspected that contamination may be present. How can I find out if the land is potentially contaminated? You can write and request for a site search to be undertaken by the Council's Environmental Protection Section, a fee may be charged for this service. For individual households this is currently However, if the search provides no further information this should not be taken to mean that the site is free from contamination. For commercial and extensive enquiries, the charge made would be Other sources of information include the local library service and historical archives, previous owners and the Internet for previous use of the land. Please be advised that, in keeping with the National Planning Policy Framework (NPPF), it is strongly recommended that a competent person be employed to carry out a desktop study of the site and provide expert advice. When should the possibility of contamination be considered? Whenever the development/application is for a sensitive use (e.g. housing, school, hospital, recreation land) and; In general where it is known or suspected that the land was previously used for commercial or industrial uses, for quarry working and/or subsequent landfill waste disposal and where the land has been reclaimed, re-contoured or "filled" - whether by landfill or otherwise, and; Where other land nearby, is being, or has been, used for one of those purposes such that it may have had an impact on the land subject to the planning application, and; Where it is known that, or there appear to have been "spills" or other pollution incidents. Will the Council recommend a Consultant? Not directly, advice can be obtained from the ENDS Directory and professional institutions, some contact details are given in Appendix 3. 5

8 Why might a report be considered inadequate? If it does not contain all the information required, and or Some of the information is not clearly presented and needs clarification, and or Important maps, logs or data etc. are missing, and or The report does not address the concerns of Planning You will be told why it is rejected and asked to re-submit or amend the copy and, if necessary, meet with the officers from Planning and Environmental Protection Whom will Planning consult when I submit my planning application? The Planning Authority will consult various statutory bodies including the Environment Agency (EA) and other departments of the Council including the Environmental Protection Department. Other consultees may include English Nature, English Heritage and may also refer to Planning Policy Statement 9: Biodiversity and Geological Conservation When do the Environment Agency (EA) get involved in the planning process in relation to contaminated land? The Planning Department will consult the EA on matters for which the agency has a regulatory responsibility such as: Where pollution of surface or groundwater is involved. Where the water environment is at risk of pollution. Where an application is within a flood-plain area. Where the development is on a closed landfill or within 250 metres of a closed or active landfill. The Environment Agency has other areas of interest when development is proposed, e.g. water resources, waste management and flood risk management, which are not addressed here. 6

9 Appendix 1: Checklists for Reports submitted to assist Planning Applications Section Phase 1 Checklist Desktop and Walkover Study Tick once Included in Report 1. Purpose and aims of study 2. Credentials of the person/organization undertaking the study 3. Site location and layout plans appropriately scaled and annotated, including National Grid Reference 4. Appraisal of site history 5. Extracts and/or analysis of current and historical maps identifying potential contaminating features 6. Appraisal of site walkover survey, including dated photographs 7. Assessment of environmental setting, to include geology, hydrogeology & hydrology 8. Details of any sensitive receptors such as controlled waters, water abstractions or sites of archaeological or ecological interest 9. Information from Environment Agency (EA) on abstractions, pollution incidents, water quality classification, landfill sites within 250m etc. and LA information on former uses 10. Assessment of current / proposed site use and surrounding land uses 11. Details of former industrial/commercial uses such as processes and their locations, nature of raw materials, products and wastes 12. Details of services on site 13. Review of any previous site contamination studies (desk based or intrusive) or remediation works 14. Appraisal of potential contaminant sources, pathways, and receptors (pollutant linkages) 15. Conceptual Site Model (CSM) Identifying all the likely source- pathway- receptor and associated contaminants (1) 16. Conclusion: what the likely risks are, if any 17. Recommendations for intrusive contamination investigation (if needed) including any identified target areas and rationale behind proposed design of investigation (1) The Conceptual Site Model (CSM) - where potential contaminants might exist the potential risk needs to be identified by means of a conceptual model. This should identify all the likely source- pathway- receptor and associated contaminants (see example page 8), a visual representation of the site like this helps to show the potential pollutant linkages clearly. The CSM can be expressed in visual, written or tabular form, or a combination of all three. The EA has produced guidance to good practice for the development of conceptual models which can be downloaded for free from the EA website: 7

10 Section Phase 2 Checklist Detailed Investigation Reports (Submit for approval prior to development works) Tick once Included in Report 1. Purpose and aims of study 2. Conceptual Site Model from Phase I Site investigation methodology, to include: 3. Plan showing exploration locations. On site structures Above/below ground storage tanks etc... To be correctly scaled and annotated.. 4. Justification of exploration locations 5. Justification of sampling locations, including numbers taken and depth and analytical strategies 6. Borehole / trial pit logs (in accordance with BS 5930: 1999). Results and findings of investigation, to include: 7. Ground conditions (soil and groundwater regimes, including Made Ground) 8. Discussion of soil/groundwater/surface water contamination (visual, olfactory, analytical) 9. Revised Conceptual Site Model 10. Risk assessment as a minimum, based on contaminant source - pathway - receptor model. (to assess the consequences and likelihood of occurrence). Details of the site specific risk assessment model selected and the justification in its selection and use should be stated 11. Recommendations for remediation should include all relevant information which should follow the "Suitable for Use" approach - based both on the current use and circumstances of the land and its proposed new use 12. Recommendations for further investigation if necessary. 8

11 Section Phase 3 (a) Checklist Remediation Strategy Statements (submit for approval prior to works) Tick once Included in Report 1. Objectives of the remediation works Details of the remedial works to include: 2. Description of ground conditions (soil and groundwater) 3. Type, form and scale of contamination to be remediated 4. Remediation methodology, including remedial, protective or other works 5. Site plans/drawings 6. Phasing of works and approximate timescales 7. Consents and Licences e.g. discharge consents, waste management licence, asbestos waste material removal licence etc 8. Site management measures to protect neighbours, environment and amenity including dust, noise and odour controls, health and safety procedures and the control of surface run off Details of how the works will be validated to ensure the remediation objectives have been met to include: 9. Sampling strategy 10. Use of on-site observations, visual/olfactory evidence 11. Chemical analysis/monitoring data 12. Proposed clean-up standards (i.e. contaminant concentrations) 13. Details of future monitoring requirements (where necessary) once the remediation has been completed 14. Details on the life span of the recommended remediation works Please Note: General remediation recommendations made in the Site Investigation Report are not accepted as a substitute for a Remediation Statement. Important: During the remediation works, if any changes to the strategy have to be made this must be agreed with Development Control in writing before they are implemented 9

12 Section Phase 3 (b) Checklist: Validation Reports (Submit for approval after remediation works undertaken) Tick once Included in Report 1. Type, form and scale of contamination to be remediated 2. Details of who carried out the work. 3. Details and justification of any changes from original remediation statement Substantiating data - should include where appropriate: 4. Laboratory and in situ test results 5. Results of monitoring for groundwater and gases during remediation and details of monitoring programme post completion of remedial works, where agreed 6. Summary data plots and tables relating to clean-up criteria 7. Plans showing treatment areas and details of any differences from the original Remediation Statement 8. Waste management documentation 9. Photographs identifying the works undertaken 10. Confirmation that remediation objectives have been met, for example, a Certificate of Completion 10

13 Appendix 2: Recommended Guidance Please note that this is not a comprehensive list and further and/or more up to date guidance may be available. Department of the Environment, Food and Rural Affairs and Environment Agency (2004). Model Procedures for the Management of Contaminated Land - Contaminated Land Report 11 (CLR11), Environment Agency. Guidance for the Safe Development of Housing on Land Affected by Contamination. R&D Publication 66 (2008). Joint publication by Environment Agency, CIEH and NHBC. ISBN BS 10175:2011. British Standards Institution. (2011) Code of Practice for the Identification of Potentially Contaminated Land and its Investigation. London: BSI. ISBN BS 5930:1999 (Amended 2010). British Standards Institution. (1999) Code of Practice for Investigation of Potentially contaminated Sites, London: BSI. ISBN Environment Agency R&D Technical Aspects of Site Investigation - Volumes I & II. Research and Development. Technical Report P5-065/TR. ISBN and ISBN Environment Agency. R&D Technical Report P5-066 (2004). Secondary Model Procedure for the Development of Appropriate Soil Sampling Strategies for Land Contamination. British Standard BS10175:2011 Investigation of Potentially Contaminated Sites Code of Practice, BSI London. ISBN Department for Communities and Local Government, National Planning Policy Framework (NPPF). March Department of the Environment (1995/96). DOE Industry profiles. London. Wide range of industrial activities and potential contaminants listed. Department for Communities and Local Government. The Building Regulations 2000, Site Preparation and Resistance to Contaminants and Moisture (2004, amended 2010), Approved Document C. from: Environment Agency. Human health toxicological assessment of contaminants in soil (SR2)

14 Institute of Petroleum (1998) Guidelines for the investigation and remediation of contaminated retail sites, Colchester, UK, Portland Press The following websites also contain added useful source reference material and further information about contaminated land: Department for Environment, Food and Rural Affairs ( now Dept. for Communities and Local Government) Environment Agency Construction Industry Research and Information Association hkey=4a041b49-608b-4f48-9a f4c0 Organisation for Economic Co-operation and Development (OECD) Society of Environmental Toxicology and Chemistry (SETAC) Health and Safety Executive Scotland & Northern Ireland Forum for Environmental research f_contaminated_land_risks_guidance_uklq13.pdf 12

15 Appendix 3: Contact Information Bexley Council: London Borough of Bexley Civic Offices 2 Watling Street Bexleyheath Kent DA6 7AT Tel: Development Control developmentcontrol@bexley.gov.uk Environmental Protection EnvironmentalHealth@bexley.gov.uk Building Control building.control@bexley.gov.uk Useful contacts and addresses for Consultants and Associated Services: Association of Consulting Engineers Alliance House 12 Caxton Street Westminster London SW1H OQL consult@acenet.co.uk Telephone: Fax: Provides a free listing of all its members categorised by way of 18 specialisms, one of which is contaminated land. Association of Geotechnical and Geoenvironmental Specialists 83 Copers Cope Road, Beckenham, Kent BR3 1NR ags@ags.org.uk Tel: Fax: Members are both consultants and contractors involved in the geo-environment offering services in ground investigation, contaminated land assessment and remediation, 13

16 laboratory testing and analysis, environmental audits, hydrogeology and pollution control. Copies of membership list and details of publications are available from the Administrator. Environmental Data Services (ENDS) Ltd Environmental Data Services, Teddington Studios, Broom Road, Teddington TW11 9BE Tel: /8100 Fax: Holds a detailed database of consultants and offers a free service to anyone (including non-members); searches usually provide a minimum of five consultants meeting the criteria provided. ENDS directory of Environmental Consultants is a detailed directory of over 400 consultancies that includes information on choosing a consultancy. ENDS also publish an analysis of the environmental consultancy market. UKAS High Street Feltham Middlesex TW13 4UN info@ukas.com Tel: Fax: Technical enquiry office answers specific questions/enquiries relating to laboratories involved in chemical analysis of contaminated land. Directory of accredited laboratories revised annually 14