Soil Contamination
Soil Contamination Surveys are required when the land has been subject to prior industrial use (such as historic mining) or where there are sensitive receptors to the presence of contamination (such as housing, parks or allotments).
While the Local Planning Authority ensures as far as possible that new development proposals take proper account of contamination, the responsibility for identifying and dealing with it rests with the developer/owner. The developer is responsible for ensuring that the site is safe and secure for occupation and that there is no impact on adjoining land or the wider environment. Planning permission is granted on the basis of the information available at the time and the responsibility for ensuring that proper investigation is carried out to provide this information lies with the developer. Consequently, it is now a standard policy of any Local Authority to request a Soil Contamination Survey as a prerequisite to approving planning.
Contaminants may be derived from former industrial activity, however, the geology of Cornwall & Devon means that naturally occurring metallic elements (such as arsenic) are common to greenfield sites. For planning purposes it is immaterial whether these substances arise from human activity or occur naturally.
Remediation of contaminated land can be costly, therefore, in many cases it is advantageous to identify whether there are any possible contamination issues before submitting a planning application. In the case of former mining, the Mining Search will determine this.
Our Soil Contamination department is able to undertake comprehensive Soil Contamination Surveys that are designed to establish whether potentially toxic levels of specific elements/compounds are present. The survey is designed on a site-specific basis, taking into account its former and future use.
Local Authorities expect developers to carry out a phased approach to contamination investigations in accordance with BS 10175:2001 Code of Practice. Fundamentally these constitute:
Phase I: Desk Study (documentary review of available information and historical maps to identify likelihood of contamination)
Phase II: Intrusive Investigation/Sampling (a site investigation involving hand-auger or borehole or trial-pit sampling)
Phase III: Remediation Scheme (designed to remove the risk to the site, its users and immediate environment)
Phase IV: Site Completion/Verification Report (to satisfy relevant authorities and allow progression of the development)
When undertaking a Soil Contamination Survey on a proposed development site, we offer advice to the developer regarding all the aspects of the investigation in order to satisfy the Local Authority that the contamination has been comprehensively assessed and, if necessary, the appropriate remedial measures have been selected and implemented.
Useful Links:
http://www.environment-agency.gov.uk/research/planning/33706.aspx - Environment Agency
http://www.cornwall.gov.uk/default.aspx?page=2822 - Cornwall Council and Contaminated Land
http://www.defra.gov.uk/environment/quality/land/contaminated/index.htm - Defra
