Contaminated Land Strategy - Documents - Swale Borough Council

Contaminated Land Strategy2010

EXECUTIVE SUMMARYIn April 2000, a new regime came into force for dealing with contaminatedland under Part IIA of the Environmental Protection Act 1990. Under theregime, each local authority is required to ‘cause its area to be inspected fromtime to time for the purpose of identifying contaminated land’. The regime alsoprovides a system for the identification of land posing an unacceptable risk tohuman health or other named receptors, and where risks cannot be managedby other means, provides the local authority with powers to ensure land isremediated by a person or party deemed responsible under the Act. TheStrategy has been re-written since its first publication in 2001 in the light ofchanging legislation and guidance, and new corporate priorities within SwaleBorough Council, in particular, the Swale Borough Council Corporate Plan.This Strategy is a statutory requirement, but also links in with other SwaleBorough Council initiatives which fall within the Corporate Plan, notably‘Ambitions for Swale’, Swale’s Sustainable Community Strategy.This Strategy, and the field of work on land contamination, also addresses allfour of the Council’s Corporate Priorities namely:Regenerating SwaleCreating a Cleaner and Greener SwalePromoting a Safer and Stronger CommunityBecoming a High Performing OrganisationLand contamination day to day work involves the scientific determination ofland as it affects users, potential users, neighbours, groundwater and sites ofecological importance. Project work is undertaken to deal with land thatfeatures high on the Prioritisation List 1 . This work is covered fully in Part 3 ofthis Strategy.During the period 2005 and 2008, land contamination work was subject toGovernment ‘Best Value Performance Indicators (BVPI)’. These have sincei

een discontinued, although Swale is presently continuing to use these as aLocal Indicator annually.A specially formed working group, comprising officers from the Council’sEnvironmental, Planning and Administration and Legal Services, compiled theoriginal Strategy in 2001. This working group no longer exists, and theresponsibility for compiling the revised edition falls with the EnvironmentalProtection Team, of the Environmental Services Department, with internalconsultation with Planning Services, Legal Services, Regeneration and PolicyServices.ii

CONTENTSPage NoPART 1 - INTRODUCTION AND CONTEXTThe Strategy 1Legal Context 2Legal Update 3Legal Definitions 3Government Policy Update 5Internal Policy FrameworkCorporate 6Development Control 7Council Owned Land 8Pollution Incident Events 8PART 2 – BOROUGH CHARACTERISTICSBorough Characteristics 10Historical Context 11Current Land Use Characteristics 12Swale Borough Local Plan 2008 13PART 3 – INTERNAL PROCEDURES – LAND CONTAMINATION ANDPART IIAThe Prioritisation of Potentially Contaminated Sites 15Exploring the Prioritisation List 15Removing Sites from the Prioritisation List 16Zero Valued Sites 16Sites Requiring Further Consideration 16Management of Information 18Requests for Information 18Sensitive Information 19iii

LIST OF APPENDICIES1: Tables A and B in Annex 3 of Circular 01/2006: Categories ofSignificant Harm2: Swale Borough Council Land Contamination Planning Conditions3: Map of Source Protection Zones4: Map of Geology5: Primary Data Sources6: Hazard Scores7: Receptor Typesiv

PART 1INTRODUCTION AND CONTEXTThe Strategy1.1 The ‘Inspection Strategy for the Purpose of Identifying Contaminated Land’was published and adopted by Swale Borough Council in June 2001, inresponse to the requirements of It set out the scope, aims, objectives andduties of the Council in identifying and addressing historic landcontamination, and proposed an ambitious timetable for reaching namedobjectives.1.2 In order to outline progress made since 2001 more effectively, and to dealwith the number of changes in guidance and legislation, the Strategy hasbeen re-written in 2010 rather than revised, with some sections extractedfrom the 2001 Strategy where relevant. The original timetable put in placewas unrealistic, and the work involved was underestimated. TheContaminated Land Strategy 2010 details work undertaken since thepublication of the 2001 Strategy, and ties the work in more effectively withthe Corporate Plan and Council priorities. Methods put in place by theCouncil to fulfil its statutory duties are set out along with new objectiveswhich reflect changes in policy, guidance, legislation, the character of theBorough and internal operation of the Council.1.3 The aims of the Contaminated Land Strategy 2010 however remain thesame as the previous Strategy: To research and inspect potentially contaminated sites with a view toidentifying those that fall within the legal definition of ‘ContaminatedLand’. To decide whether such sites are ‘special sites’, for which theenforcement responsibility passes to the Environment Agency. To secure appropriate remediation of sites determined as‘Contaminated Land’. To maintain a register of ‘Contaminated Land’. To operate in a transparent manner and build and maintain strongcommunication links with all stakeholders.1.4 The objectives of the Contaminated Land Strategy 2010 are summarisedas follows: Outline the legal context of the Strategy Outline where the 2010 Strategy fits in within the policy framework ofthe Council Describe relevant changes in legislation and guidance since the lastStrategy Describe various Borough characteristics along with current landuseand proposed changes, including areas outlined for regeneration underThames Gateway, and other planning policies1

Set out what has been achieved since the 2001 Strategy in identifyingpotentially contaminated sites Describe data sourcesLegal Context1.5 This Strategy is required by Part IIA of the Environmental Protection Act1990, (inserted by the Environment Act 1995 and commonly referred to asPart IIA), specifically para. 78(b)(1), DEFRA Circular 01/2006, published inSeptember 2006 (superseding DETR Circular 02/2000 published in March2000), specifically para. 3.2 of Annex 2 and para. B9. Associateddocuments are The Contaminated Land (England) Regulations 2006(Statutory Instrument 2006 No 1380) and The Radioactive ContaminatedLand (modification of Enactments)(England) Regulations 2006 (StatutoryInstrument 2006 No 1379).1.6 Other legislation should be used where applicable prior to theconsideration of Part IIA, such as the Water Resources Act 1991 wheregroundwater pollution is a major concern.1.7 Part IIA relates to historic pollution only. Pollution prevention and dealingwith pollution incidents are covered by other legislation.1.8 The Local Authority has sole responsibility for determining whether or notland appears to be ‘Contaminated Land’, as per legal definition (see para1.14). When ‘Contaminated Land’ is identified, the legislation requires theLocal Authority to ensure that it is managed in an appropriate manner. TheLocal Authority, with the agreement of the Environment Agency, maydesignate certain contaminated land sites as “Special Sites” and theEnvironment Agency will then become the enforcing authority for the futuremanagement of the site.1.9 As stated in Circular 01/2006, paragraph 7 c) Annex 1, it is theGovernment’s stated intention “...that the cost burdens faced byindividuals, companies and society as a whole are proportionate,manageable and economically sustainable”. A guiding principle behind theregime requires that a “Suitable for Use” approach be adopted in relationto Contaminated Land, such that: Land is suitable for its current use; Land is made suitable for any new use as planning permission isgranted; and Remediation measures are limited to the work necessary to preventunacceptable risks to human health and the environment in relation tothe current or permitted use.1.10 This approach is explained in more detail in Circular 01/2006 paragraphs9-11 Annex 1 and paragraph A.26 of Annex 3. This approach is a crucialfactor in establishing priorities for the more detailed inspection of individualsites.2

1.11 Taking into account the above requirement, the key issues forconsideration in Swale’s Contaminated Land Strategy are to identify:- Any available evidence that significant harm or pollution of ‘controlledwaters’ is actually being caused; The extent to which any of those ‘receptors’ is likely to be exposed to a‘contaminant’, for example as a result of hydrological or geologicalfeatures of the Borough; The extent to which any information on contamination is alreadyavailable; The history, scale and nature of industrial or other activities, which mayhave contaminated the land in different parts of the Borough; The nature and timing of past redevelopment in different parts of theBorough; and The extent to which ‘remediation’ action has already been taken by theBorough Council or others to deal with land contamination issues; or islikely to be undertaken as part of any redevelopment proposals.Legal Update1.12 Since the publication of the 2001 Strategy, the following legislativechanges have occurred which directly affect the Part IIA:DEFRA Circular 01/2006, published in September 2006, hassuperseded DETR Circular 02/2000, published in March 2000. Themain changes can be summarised as follows:o The extended regime will apply to radioactive contamination of landin addition to the contamination covered previously.o A change was made concerning the arrangement for appealsagainst remediation notices served by local authorities.1.13 The following legislative changes have occurred which indirectly affect, ormay have implications for, Part IIA: The Environmental Permitting (England and Wales) Regulations 2010SI 2010/675. Planning Act 2008 The Town and Country Planning (General Development Procedure)Order 1995 (the GDPO) as amended by the Town and CountryPlanning (General Development Procedure)(Amendment)(England)Order 2008. Section 42 of the Planning and Compulsory Purchase Act 2004 Introduction of Environmental Damage Regulations 2009Legal Definitions1.14 Contaminated Land (defined under EPA 1990, section 78A[2])3

Any land that appears to the Local Authority in whose area it is situated, tobe in such a condition by reason of substances in, on or under that landthat: Significant harm is being caused or there is a significant possibility ofsuch harm being caused; or Pollution of controlled water is being or is likely to be caused.1.15 For land to be determined to be ‘Contaminated Land’, it must comprise acontaminant, receptor and pathway, which are separately defined.1.16 ContaminantA substance that is in, on or under land and which has the potential tocause harm or to cause pollution of controlled waters.1.17 ReceptorThe entity that is vulnerable to the adverse effect(s) of a hazardoussubstance or agent (the contaminant). Five types of receptor are identifiedas being, or could be, harmed by a contaminant:- Human beings; Any ecological system or living organism forming part of such a systemwithin a nationally or internationally designated nature conservation sitee.g. national nature reserve, Site of Special Scientific Interest (SSSI),Special Protection Area (SPA); RAMSAR site etc; Property in the form of crops, livestock, other domesticated animals orwild animals which are the subject of shooting or fishing rights; and Property in the form of buildings; or Controlled waters, which are being or could be polluted by acontaminant.1.18 Information about receptors is more specifically set out in GovernmentCircular 012/2006 Tables A and B in Annex 3 ‘Categories of SignificantHarm’ and ‘Significant Risk of Significant Harm’, copied into Appendix 1below for ease of reference.1.19 Pathway‘Pathways’ are the one or more routes or means by, or through, which areceptor is being exposed to a contaminant or could be so exposed oraffected. Such pathways may be determined on the basis of a reasonablegeneral scientific knowledge about the nature of a particular contaminantand or the circumstances of the land in question e.g. the natural geology,water courses or development/re-development of individual sites.1.20 Pollutant LinkagePollutant linkage means the relationship between a contaminant, apathway, and a receptor.1.21 A significant pollutant linkage means a pollutant linkage which forms thebasis for a determination that a piece of land is ‘Contaminated Land’ i.e.that the linkage is:4

esulting in significant harm being caused to the receptor in thepollutant linkagepresents a significant possibility of significant harm being caused tothat receptoris resulting in the pollution of the controlled waters, which constitute thereceptor oris likely to result in such pollution.1.22 ‘Pollutant’ means the contaminant in a pollution linkage. There may bemore than one pollutant linkage on any given piece of land.1.23 A source-pathway-receptor model ranks risk through a scoring system andprioritises the inspection of each piece of potentially contaminated landaccording to its impact on defined receptors. It is usually the sum of thescores allocated to each parameter that provides the basis for theprioritisation of each piece of land.Government Policy Update1.24 The following major policy changes may have implications on the way thePart IIA regime is enforced:1.25 ‘Underground, under threat – Groundwater Protection: Policy and Practice2008 (Parts 1-4)’. These documents have superseded ‘Policy and Practicefor the Protection of Groundwater 1998’. The new policy document setsout more stringent guidelines for the protection of groundwater.Groundwater in Kent accounts for almost 80% of the potable water supply.Groundwater in the southeast also has a high ecological importance,supplying important habitats and refuelling fresh and brackish habitats, aswell as being of significant agricultural importance. Contamination ofsaturated and unsaturated chalk strata is extremely difficult to clean up,and subsequently the emphasis of this new policy document is preventionof pollution to chalk (and other) aquifers.1.26 The key policy within this new guidance is to oppose storage of fuel in amanner or position where there is an unacceptable risk to groundwater.1.27 ‘Planning Policy Statement 23 (PPS23) – Planning and Pollution Control’,published November 2004, is intended to complement the pollution controlframework under the Pollution Prevention and Control Act 1999 and thePPC Regulations 2000. This replaces Planning Policy Guidance 23(PPG23) Planning and Pollution Control published in 1994.1.28 ‘PPS23 Annex 2: Development on Land Affected by Contamination’ isrelevant to development on brownfield sites. Within this document it isstated that ‘The remediation of land affected by contamination through thegranting of planning permission … should secure the removal ofunacceptable risk and make the site suitable for its new use. As aminimum, after carrying out the development and commencement of itsuse, the land should not be capable of being determined as contaminatedland under Part IIA of the EPA 1990’. Where local authorities have theopportunity to remediate brownfield sites under the development system,5

then the Part IIA Regime cannot be used where a contaminated landcondition has been discharged as being completed satisfactorily.1.29 Appendix 2B of Annex 2 was cancelled by the Communities Department’sletter to Chief Planning Officers dated 30 th May 2008. This means that landcontamination conditions need to be adequately worded to cover allaspects, and the examples contained in Appendix 2B were not adequateexamples. Swale BC’s already updated Land Contamination Conditionwas not affected, and for information, is shown in Appendix 2.1.30 Planning Policy Statement 12 (PPS12) Local Spatial Planning published4 th June 2008. This replaces Planning Policy Statement 12: LocalDevelopment Framework (PPS12) published on 7 September 2004 andCreating Local Development Frameworks: A Companion guide to PPS12published on 2 November 2004. This also replaces Planning PolicyGuidance 12: Development plans (PPG12) published on 14 December19991.31 Department for Communities and Local Government Circular 02/2008 (12March 2008) Standard Application Forms and Validation sets out changesin standard application forms and the validation process of planningapplications.1.32 The following procedural documents are key in the management ofcontaminated land, and should be referred to whenever necessary: Model Procedures for the Management of Land Contamination –Contaminated Land Report (CLR) 11 (2004), provides the technicalframework for structured decision about land contamination, andshould be referred to by consultants undertaking site investigation andremediation reports. The Local Authority Guide to Ground Gas, CIEH September 2008 Human Health Toxicological Assessment of Contaminants in Soil –Science Report (SR) 2 (2009) Updated Technical Background to the CLEA Model – SR3 (2009) CLEA Software (Version 1.04) Handbook – SR4 (2009) Review of Body Weight and Height Data used within the CLEA model –Final Technical Review 1 (2009)Guidance for the Safe Development of Housing on Land Affected byContamination, R&D Publication 66: 2008 Volumes 1 and 2Internal Policy FrameworkCorporate1.33 The requirements of the legislation provide the Council with an opportunityto take a proactive approach to dealing with the issue of past6

contamination of land and to increase its knowledge base. This informationwill be used, where appropriate, to inform the Council’s wider decisionmaking process, for example, in relation to future uses of land, through theLocal Development Framework (LDF) and regeneration projects ingeneral. Planning Policy and staff directly involved in regeneration shouldrequest this information at an appropriate time during the development ofthe LDF or during regeneration discussions.1.34 As well as being a statutory duty, the work involved in the identificationand subsequent remediation of ‘Contaminated Land’ (see para. 1.14)supports the Borough Council’s mission statement and priorities for theBorough, as set out in its Corporate Plan 2007-2011. The Corporate Planover-arches all of the Council’s work and activities, looking at current andfuture performance of its services in relation to its stated vision. Thisstrategy is strongly linked with all four Priorities contained in thatdocument.Development Control1.35 Under the development process, and in line with ‘Planning PolicyStatement 23 (PPS 23): Planning and Pollution Control - Annex 2:Development on Land Affected by Contamination’, the developer isresponsible for the safe remediation of the site to be developed.1.36 The Environmental Protection Team is consulted by Planning onapplications where Planning consider this necessary, or where theEnvironmental Protection Team has specifically requested a consultation.Both Planning and Environmental Protection should be proactive to ensurethat consultation takes place at the earliest opportunity. Where there ispotential for contamination, the use of Swale’s land contaminationcondition (Appendix 2) is recommended.1.37 The following categories of planning applications however should besubmitted with relevant historic and environmental information at theapplication stage, in order that an informed decision can be made, and tocomply with guidance contained in PPS23. Proposed developments/change of use in sensitive groundwater areaswhere the site has a particularly contaminative history Any development/change of use on a previous petrol station, particularly ina sensitive groundwater area Any proposed development for a sensitive end-use on a brownfield sitewith a particularly heavy industrial history.1.38 Developments of 1 hectare or above in area are automatically referred tothe Environment Agency as part of the consultation process. Where theproposed development lies in a sensitive groundwater area or has ahistory of contaminative uses, the Environment Agency is likely to object tothe development without relevant environmental information submittedwith the application.1.39 Where an application is made for a change of use or extension to anindustrial unit, particularly a petrol station, which sits directly over sensitive7

1.47 If the affected site is on the Prioritisation List 1 then this Strategy dictatesthat the site can be moved higher up the list due to an increased hazardlevel, where deemed appropriate.1.48 For any major pollution incident, the use of the Environmental DamageRegulations 2009 should be considered, if the event occurred after 31 stMarch 2009.1.49 Any anomalies found during an Environmental Permitting (EP) or PollutionPrevention and Control (PPC) inspection likely to affect the quality ofgroundwater should be communicated to the Environment Agency as soonas practicable.1. See Paras 3.2 to 3.6 for a description of the Prioritisation List9

Low lying land around the estuary - subject to flooding - tidal andfluvial; Possible natural dissolution cavities in the chalk; Areas subject to mineral extraction including brickearth and chalk; and Best and most versatile agricultural land.2.6 The geological layout of the Borough is illustrated in Appendix 4.2.7 Approximately one third of the Swale Borough area is designated as beingof national or international importance for nature conservation i.e. Sites ofSpecial Scientific Interest, Ramsar Sites, Special Protection Areas orNational Nature Reserves. The Borough also contains a number of sitesdesignated as being of county wide importance, such as Sites of NatureConservation Interest.2.8 Part IIA of the Environmental Protection Act 1990 identifies these areas asa specific type of ‘receptor’ (organisms and ecosystems), which could beharmed as a result of historical contamination, also protected by theEnvironment Damage Regulations 2009 for incidents occurring afterMarch 2009. It is important therefore that these sites are identified at anearly stage. By their very nature, such sites have tended to remain freefrom development and are therefore thought, for the most part not to havecontained contaminating uses. This view is supported by Natural Englandwho is responsible for designating these areas. It is considered morelikely that these areas will be vulnerable to harm as a result of a pollutantlinkage. The marshland areas in particular have hydrological requirementsnecessary to maintain their nature conservation interest.Historical Context2.9 The Borough enjoys a rich history due particularly to its location on theroute between the channel ports, Canterbury and London; its shelteredcoastline, and to its soils, both for their fertility and their brick earth. A veryrural agricultural based economy was retained until the industrialrevolution.2.10 The sheltered coast and creeks, coupled with the natural deep water atSheerness have meant that marine trade has flourished since early times.Boat and barge building was undertaken along the creeksides. A numberof smaller boatyards still exist. In years gone by the area was alsoimportant for its oyster fisheries.2.11 Sittingbourne, Faversham and many of the Borough’s larger villages arelocated along the A2 Watling Street, the main roman road between Dover,Canterbury and London and benefited from passing trade includingpilgrims in former times. More recently this proximity to London has madethe area, and the Isle of Sheppey in particular, a popular touristdestination.2.12 Sheerness, although now the main town on the Isle of Sheppey, is ofrelatively recent construction having grown up in association with theconstruction and operation of the naval dockyard during the early 19 thcentury. Prior to this, Queenborough was the main settlement on the11

Island. The area around Queenborough Creek and harbour has a longhistory of industrial uses, including glue manufacture and glass making.The village of Eastchurch has important historic links with early Britishaviation. The Short Brothers had a factory here at the turn of the 20 thcentury. This area is now part of a large prison complex.2.13 Following the industrial revolution, Sittingbourne became a major centrefor brick and paper manufacture, industries which continue to this day. Atits height, Sittingbourne was estimated to produce one quarter of all thebricks used in London. This manufacturing process made use of London’sVictorian waste, which was sorted on the quaysides having beentransported by local barges.2.14 Large areas of land north of the A2 show a history associated with brickmanufacture or brickearth extraction.2.15 To the south of the A2 chalk was quarried in association with the brick andcement manufacture, and numerous pits of varying size and age remain,but blended for the most part into the surrounding countryside. The brickcompanies continue to be an important land holder within the Borough.2.16 Faversham also has a history of brick manufacture, but on a smaller scaleto that at Sittingbourne. Here food processing and brewing were alsosignificant. Faversham is still home to the oldest independent brewery inEngland. From the early 18 th century to 1936, land to the west ofFaversham at Bysing Wood was renowned as an important centre for theproduction of gunpowder.2.17 The Borough’s history is reflected in a legacy of over 1800 buildings andfeatures listed as being of architectural or historic interest, 15 ScheduledAncient Monuments and 50 conservation areas. Faversham is a notedexample of a medieval town.2.18 Given the area’s history, it is assumed through the Strategy that the mainareas of contamination are most likely to be concentrated within the threemain towns/urban areas, particularly the creekside areas and knownformer industrial sites. The issues of contamination associated with theformer brick fields and brickworks are already familiar to the BoroughCouncil.Current Land Use Characteristics2.19 The Borough has not lost its historic land use character. Traditionalemployment sites are still concentrated at the main settlements ofSheerness, Queenborough, Sittingbourne and Faversham. Thesesettlements together with Minster on the Isle of Sheppey contain the mainresidential areas. The main administrative and social facilities areconcentrated in the three main towns of Faversham, Sheerness andSittingbourne. The primary residential areas tend to be concentrated onthe outskirts of the towns.2.20 Manufacturing remains the cornerstone of Swale’s economy. Themanufacturing base is now much more diverse than previously. Certain12

manufacturing industries traditionally associated with the area continue toprovide substantial employment. The most important of thecomplementary range of manufacturing activities include the manufactureof chemicals and related products, mechanical and electrical machineryand rubber and plastic goods.2.21 Employment within the service sector remains limited, despite continuedgrowth. The largest service sector employers are retail, tourism andleisure, transport and related activities, public administration, educationand health.2.22 Sheerness, a natural deep-water port, is a successful commercial port,specialising in the import of fruit, vehicles and forest products. Other dockfacilities are to be found at Ridham on the mainland. This dock is licensedfor the transportation of explosives and importation of gypsum.2.23 On Sheppey, tourism is an important land use containing just under 7,000caravans and chalets located on around 50 sites. Many of these siteswere established between 1930 and 1950, being a seaside location closeto London. The vast majority of sites are subject to a seasonal occupancycondition (1 st March - 31 st October each year). Whilst not a sole or mainresidence, they are nonetheless significant as a type of receptor, whereharm could occur to human beings. For the purposes of the Strategy, it isinitially assumed that they will generally be of lower priority thanpermanent residential accommodation when being assessed for risk. It isrecognised however that where holiday sites are located close to riversand to areas of undeveloped coast, erosion along the cliff edge may openup new pollutant linkages. It will be important to keep these areas underreview.2.24 In 2007, the Sittingbourne Paper Mill (M-Real) closed. The abstractionlicence held by the Mill was used to abstract a large volume ofgroundwater. The ceasing of abstraction is likely to contribute to theraising of the water table. Any rise in the water table may give rise to themobilisation and transportation of contaminants known to exist in theunsaturated zone, particularly around the area of Cryalls Lane. Despite thesurrender of the licence, the area of Sittingbourne will continue to beclassed as a Source Protection Zone 1. There is a possibility that thegroundwater will in future be used for potable supply.Swale Borough Local Plan 20082.25 Within the Local Plan 2008, the Borough is divided into two planning areasfor development, the first being areas of the Borough falling within ThamesGateway, the other one for those parts falling outside. The ThamesGateway Planning area includes Sittingbourne and the Isle of Sheppey,whilst the other planning area is Faversham and the rest of Swale.Awareness of development proposals according to the Local Plan 2008will aid the desktop process on potentially contaminated sites on theprioritisation list. Where sites may potentially have a source-pathwayreceptorlink, unless urgent, action will not be necessary under Part IIAwhere redevelopment is anticipated at these sites. The Local Plan 2008can be referred to at any time for land allocation details.13

2.26 Area Action Plans are other areas planned for development, which includea number of sites allocated for mixed-use development that fall withinthem. They are areas likely to experience great change. Chapter 5 of theLocal Plan should be referred to for further details.2.27 The Contaminated Land Strategy is referred to in Para. 3.11 of the LocalPlan 2008. When a site proposed for development is known, or suspected,to be contaminated, the Council is duty bound to ensure that anycontamination is investigated prior to development. When problems areidentified, the Council must be assured that they are capable of beingremediated to a point where the land becomes suitable for the useproposed. In all cases, where contamination is suspected to be a problem,conditions will be imposed on planning approvals. With a greater emphasisplaced on development involving brownfield sites, this is an increasinglyimportant aspect of development control. Although this Strategypredominantly deals with contaminated sites to be dealt with under PartIIA, it is important that the development process bears the brunt ofcontaminated sites to be developed wherever possible.2.28 General Development Criteria and Pollution are covered in Policies E1 andE2 of the Local Plan 2008 respectively. Policy E3 specifically relates toLand Contamination, worded as follows:‘On sites known, or suspected, to be contaminated, the Borough Councilwill only grant planning permission for development proposals if thedeveloper agrees to undertake effective investigation and remediationwork to overcome any identified hazard’.This is the justification used when a land contamination condition isrecommended on a planning application.2.29 The Local Development Framework will, in time, replace the SwaleBorough Local Plan 2008. The first part of the LDF will be the preparationof the Core Strategy. It is currently expected to be adopted in 2012, atwhich time this strategy will be updated accordingly.14

PART 3INTERNAL PROCEDURES – LAND CONTAMINATION AND PART IIAThe Prioritisation of Potentially Contaminated Sites3.1 These internal procedures relate to historic land contamination notcurrently going through the development process.3.2 Primary data sources are listed in Appendix 5. These form the buildingblocks of potential sources and receptors of contamination. The mostsignificant data sources relating to potential contamination are thelandmark historical land use data and historical maps. More recently,petrol stations, current and disused, were added to this list and formanother significant potential source of contamination.3.3 Each potentially contaminative landuse type was allocated a hazard score.The hazard scores range between 1 and 10 with a score of 10 assigned toland used with the highest potential hazard, as shown in Appendix 6.Industries were grouped according to guidance contained in CLR 8(DEFRA 2002) (now withdrawn).3.4 Receptor details and associated ‘scores’ are listed in Appendix 7.3.5 Using the source-pathway-receptor principle referred to in para. 1.23, a‘sensitivity index’ was reached for each site, being the sum of the sourceand receptor values. Pathways were assumed at all sites in the firstinstance and given a value of one.3.6 This work was completed in 2006, resulting in the ‘Prioritisation List ofPotentially Contaminated Sites’ containing an initial total of 1285 sites.3.7 The list is all sites with a previous industrial use, placed in order of prioritydepending on nearby receptors and hazardous nature of industry on thatsite, and constitutes the basis for everyday part IIA work.3.8 It is considered implicit that the work to remove sites from the PrioritisationList is an ongoing and vital piece of work and within the context of theCouncil’s Priorities. This work is the subject of local performance indicatorsand targets for the coming years and is embedded in the Council’sCorporate Plan.Exploring the Prioritisation List3.9 Desk and site based research will be carried out, over time, on each of thesites in order of priority. Further research into each site involves thefollowing:Inspecting/considering potential pathways to receptorsEstablishing the presence of receptors15

Interrogating the planning files for previous reports or remediation worksInterrogating historical maps and aerial photographsAssessment of any other documentary evidenceSite walkover where necessaryRemoving Site from the Prioritisation list3.10 For ‘Contaminated Land’ to exist in the legal sense, a source, pathway andreceptor must exist.3.11 If it is deemed that no pathway exists then the site may be removed fromthe list. If the site should change to a more sensitive use in the future thenthis will then be addressed through the planning process.3.12 A site can also be removed from the list if it is found that it wassatisfactorily remediated through the planning process, or if a receptor nolonger exists in the vicinity.3.13 The Borough has a history of intensive brickmaking, resulting in manypotentially contaminated sites previously being a brick works or associatedbrick fields site. The historical layout and operation of these sites has beencomprehensively researched and conclusions made that there is aconsistency between them. Generally, the areas of these sites subject toand free from contamination are identical and therefore soil samplinganalysis from one site can be assimilated and applied to other similarsites. Using this approach, many sites, particularly brick fields, can beconfidently assumed to be contamination free and removed from theprioritisation list.3.14 Sites that are removed from the list are done so with full justification andany relevant documentation is attached to the said site within theContaminated Land Management System, as access based softwaresystem. Where the site is removed, this does not mean that it may not belooked at again in the future, for example, a change of use planningapplication or a pollution incident at the site or adverse groundwatermonitoring results in the vicinity.Zero Valued Sites3.15 A number of sites in the Borough will be remediated through theregeneration work planned for the area. Where a site falls in this category,it will remain on the list until satisfactorily remediated, but given a value ofzero to reflect that remediation through the planning process is expected.Sites Requiring Further Consideration3.16 Where a pathway does exist and no previous remediation details can befound the site will need to be explored further.3.17 Further exploration will take the form of site walkover, where possible, andfurther interrogation of council files and enquiries with relevant externalbodies.16

3.18 Depending on the nature of the site, a scoping exercise may need to beundertaken by council officers. This involves analysing soil samples fromthe site in order to ascertain what contaminants are likely to be presentand at what levels.3.19 If the site forms a residential area or has other owner/occupierimplications, full consultation will take place with said owners/occupiersbefore any soil sampling takes place, in the form of a ‘land quality project’,and with the full permission of the owners/occupiers where possible.3.20 Where permission cannot be or is not granted, inspection may be carriedout using statutory powers of entry given by section 108 of theEnvironment Act 1995, Paragraph B21.3.21 A ‘land quality project’ is a means of assessing the environmental qualityof an area, whilst keeping all interested stakeholders informed at all timesin the form of personal letters and general newsletters. A drop-in sessioncan also be arranged whereby interested parties may call in to discuss theproject.3.22 Interested stakeholders include residents, landowners, the EnvironmentAgency, local councillors, local businesses and Natural England whereecological factors are present (this list is not exhaustive).3.23 Where a scoping exercise suggests that a site investigation is justified,funding for such an investigation will be applied for through theDepartment of the Environment, Food and Rural Affairs for aContaminated Land Capital Grants Programme.3.24 The Environment Agency is required to approve any applications in thefirst instance, so communication with them throughout the land qualityproject is essential.3.25 Where the scoping exercise reveals that no contaminants are present atadverse levels, then the site may be removed from the Prioritisation List ofPotentially Contaminated Sites.3.26 Where an application for DEFRA funding is not successful, then a meansof managing potential contamination problems should be considered andimplemented, for example, limited use of site, cordoned off areas etc.3.27 Where an application for DEFRA funding is successful, then a full siteinvestigation should be undertaken as approved.3.28 Where the site investigation returns that there is no significant risk ofsignificant harm to receptors, then the site may be removed from the list.The report should be kept as justification for this.Determination of Sites3.29 Where the site investigation suggests that there may be significantpossibility of significant harm to receptors, then a quantitative riskassessment should be undertaken to further assist officers who’s17

esponsibility it is to decide whether the land should be determined as’Contaminated Land’ under the legal definition.3.30 It is recognised by Swale Borough Council that a ‘Contaminated Land’determination can have huge socio-economic implications and should notbe done where reasonable doubt remains. Decisions should be ‘made onthe basis of the best available evidence by following the guidance, seekingsound advice and looking for multiple lines of evidence to support anydecision’. (IGHRC Strategy for Chemical Mixtures)3.31 Any determined sites will be listed in the ‘Contaminated Land Register’,available for public viewing.3.32 Swale Borough Council will seek to have all determined sites remediated,either through adopting the site as an orphan site and applying for DEFRAremediation funds, serving a remediation notice on ‘Appropriate Persons’,or in particularly urgent cases, carrying out the work itself and invoicing the‘Appropriate Person’.3.33 Site investigation reports should be available for public viewing except forcircumstances where the content may be considered sensitive, or theblighting of property is a serious consideration.Management of Information3.34 The Environmental Protection Manager is ultimately responsible for therecording, accuracy and validity of information relating to the regime. Anaccess based software system as previously mentioned will hold all dataand processes referred to in Part 3 of this Strategy. This is held in theEnvironmental Protection Team offices. Any relevant documentationrelating to a site will be cross referenced with the site details held on thissoftware wherever possible and practical. The data will be subject toperiodic audit trails associated with the Local Performance Indicator forContaminated Land.Requests for Information3.35 The Prioritisation List of Potentially Contaminated Sites is a work inprogress (WIP) document and does not in any way reflect the condition ofany site contained within it. Where sites have been fully remediatedpreviously, this is not reflected in the list until it has gone through the deskstudy process. The sensitivity index figure will therefore not be provided asdata relating to a site. Until a site has undergone the desk study process,data from the prioritisation list will only be provided as follows: Factual data available to the Council relating to the site An indication of the hazard value (low, medium, high) in relation to itshistoric use An indication of sensitive receptors, which may be affected An indication of any pathways Professional opinion18

3.36 A reasonable charge will be applicable for officer time for extracting andproviding this information.Sensitive Information3.37 The council works within the framework of the Freedom of Information andData Protection legislation and all environmental enquiries including LandSearches are handled carefully and sensitively. The Team is aware thatissuing incorrect or premature information will create large problems ofpotential blight or reduction in value for land owners and prospective landpurchasers. Each case must be considered individually and will depend onthe information contained on the Prioritisation List.3.38 The Council is aware that Part IIA work must be done in a measured andagreed way. The work will be undertaken in line with this Strategy unlessthere is a sound reason not to. This will be at the discretion of theEnvironmental Protection Manager.Copies of this document are available on the Council website www.swale.gov.ukIf you would like further information, more copies or alternative versions (i.e. largeprint, audio, different language) we will do our best to accommodate yourrequest.Please contact:Customer ServicesPhone: 01795 417850Email: csc@swale.gov.uk”Produced by the Environmental Protection Team, Environmental Services, SwaleBorough Council, Swale House, East Street, Sittingbourne, Kent ME10 3HT19

REFERENCES AND BIBLIOGRAPHYContaminated Land Report (CLR) 8 (DEFRA and the Environment Agency2002) Potential Contaminants for the Assessment of Land (now withdrawn).Department for Communities and Local Government Circular 02/2008 (12March 2008) Standard Application Forms and ValidationDEFRA Circular 01/2006 Environmental Protection Act 1990: Part 2AContaminated Land; September 2006The Environmental Damage (Prevention and Remediation) (Amendment)Regulations 2010 No. 587Environmental Damage (Prevention and Remediation) Regulations 2009 SINo 153Environmental Protection Act 1990 (ss 78A-78C) Part IIAGuidance for the Safe Development of Housing on Land Affected byContamination, R&D Publication 66: 2008 Volumes 1 and 2Model Procedures for the Management of Land Contamination –Contaminated Land Report (CLR) 11 (2004)Planning Act 2008Planning and Compulsory Purchase Act 2004Planning Circular 11/95: The Use of Conditions in Planning Permissionspublished 20 July 1995 ISBN 9780117531307Planning Policy Statement 12: Local Spatial Planning published 4 th June2008 by TSOPlanning Policy Statement 23 (PPS23) – Planning and Pollution Control,ODPM 2004 ISBN 0 11 753927 9Pollution Prevention and Control Act 1999Review of Body Weight and Height Data used within the CLEA model –Final Technical Review 1 (2009)Science Report (SR) 2 (2009) Human Health Toxicological Assessment ofContaminants in SoilScience Report (SR) 3 (2009) Updated Technical Background to the CLEAModelScience Report (SR) 4 CLEA Software (Version 1.04) Handbook20

Swale Borough Local Plan 2008 Adopted February 2008The Contaminated Land (England) Regulations 2006 (Statutory Instrument2006 No 1380) ISBN 0 11 074602 3The Environmental Permitting (England and Wales) Regulations 2010 SI2010/675.The Local Authority Guide to Ground Gas, CIEH September 2008The Pollution Prevention and Control (England and Wales) Regulations2000 Statutory Instrument 2000 No. 1973The Pollution Prevention and Control (England and Wales)(Amendment)(No. 2) Regulations 2003 Statutory Instrument 2003 No. 3296The Radioactive Contaminated Land (Modification of Enactments)(England)Regulations 2006 (Statutory Instrument 2006 No 1379) ISBN 0 11 074813 1The Town and Country Planning (General Development Procedure) Order1995 (the GDPO) as amended by the Town and Country Planning (GeneralDevelopment Procedure)(Amendment)(England) Order 2008Underground, under threat – Groundwater Protection: Policy and Practice2008 (Parts 1-4)http://www.environment-agency.gov.uk/research/library/publications/40741.aspxWater Resources Act 1991Water Resources Act 1991 (Amendment) (England and Wales) Regulations2009 SI No 310421

APPENDIX 1Tables A and B in Annex 3 of DEFRA Circular 01/2006 –Categories of Significant Harm

APPENDIX 2Swale Borough Council Land Contamination Condition

SWALE BOROUGH COUNCILLand Contamination ConditionCL2No development approved by this permission shall be commenced prior to a contaminatedland assessment (and associated remediation strategy if relevant), being submitted to andapproved in writing by the District Planning Authority, comprising:CL3a) A desk study and conceptual model, based on the historical uses of the site andproposed end-uses, and professional opinion as to whether further investigative worksare required. A site investigation strategy, based on the results of the desk study, shallbe approved by the District Planning Authority prior to any intrusive investigationscommencing on site.b) An investigation, including relevant soil, soil gas, surface and groundwater sampling,carried out by a suitably qualified and accredited consultant/contractor in accordancewith a Quality Assured sampling and analysis methodology.c) A site investigation report detailing all investigative works and sampling on site,together with the results of analyses, risk assessment to any receptors and a proposedremediation strategy which shall be of such a nature as to render harmless theidentified contamination given the proposed end-use of the site and surroundingenvironment, including any controlled waters.Grounds: To ensure any land contamination is adequately dealt with, pursuant topolicies E1, E2 and E3 of the Swale Borough Local Plan 2008.Before any part or agreed phase of the development is occupied, all remediation worksidentified in the contaminated land assessment and approved by the District PlanningAuthority shall be carried out in full (or in phases as agreed in writing by the District PlanningAuthority) on site under a quality assured scheme to demonstrate compliance with theproposed methodology and best practice guidance. If, during the works, contamination isencountered which has not previously been identified, then the additional contamination shallbe fully assessed and an appropriate remediation scheme agreed with the District PlanningAuthority.CL4Grounds: To ensure any land contaminated is adequately dealt with, pursuant topolicies E1, E2 and E3 of the Swale Borough Local Plan 2008.Upon completion of the works identified in the contaminated land assessment, and before anypart or agreed phase of the development is occupied, a closure report shall be submittedwhich shall include details of the proposed remediation works with quality assurancecertificates to show that the works have been carried out in accordance with the approvedmethodology. Details of any post-remediation sampling and analysis to show the site hasreached the required clean-up criteria shall be included in the closure report together with thenecessary documentation detailing what waste materials have been removed from the site.Grounds: To ensure any contaminated land is adequately dealt with, pursuant to policiesE1, E2 and E3 of the Swale Borough Local Plan 2008.

APPENDIX 3Map of Source Protection Zones

Source Protection ZonesDate:Scale:29/07/2009 1:150000SHEERNESSSPZ by NUMBER1234QUEENBOROUGHMINSTERWardenLeysdown-on-SeaIwadeNewingtonConyerSITTINGBOURNEBordenTEYNHAMBredgarOareFAVERSHAMBoughton StreetDoddingtonThrowleyBadlesmereSheldwichSelling© Crown Copyright. All rights reserved (100018386) (2009)

APPENDIX 4Map of Geology

LegendBedrock Geology in SwaleDate:Scale:29/07/2009 1:160000BAGSHOT FORMATIONBULLHEAD BEDCLAYGATE MEMBERHARWICH FORMATIONHOLYWELL NODULAR CHALK FORMATION AND NEW PIT CHALK FORMATION (UNDIFFERENTIATED)LAMBETH GROUPLENHAM FORMATIONLEWES NODULAR CHALK FORMATION, SEAFORD CHALK FORMATION AND NEWHAVEN CHALK FORMATION (UNDIFFERENTIATED)LONDON CLAY FORMATIONTHANET SAND FORMATIONSHEERNESSQUEENBOROUGHMINSTERWardenLeysdown-on-SeaIwadeNewingtonConyerSITTINGBOURNEBordenTEYNHAMBredgarOareFAVERSHAMBoughton StreetDoddingtonSheldwichThrowleyBadlesmereSelling© Crown Copyright. All rights reserved (100018386) (2008)

APPENDIX 5Primary Data Sources

PRIMARY DATA SOURCESSOURCEEnvironment AgencyBritish Geological SurveyNatural EnglandNational Radiological ProtectionBoardLandmarkVariousCouncil SourcesDATAAbstraction Licences; DischargeConsents; Landfill Sites; EP/PPCAuthorisations; GroundwaterVulnerability; Radioactive SubstancesBorehole Index; Solid Geology; DriftGeologySpecial Protection Areas; NationalNature Reserves, Sites of SpecialScientific Interest, Ramsar Sites,Special Conservation AreasRadon RiskHistorical Maps; Historical Land UseDataLocal Trade Directories; PetrolStations (current and disused)Planning Applications, BuildingRegulations Applications, CouncilLand Holdings, Aerial Photographs

APPENDIX 6Hazard Scores

APPENDIX 7Receptor Types

RECEPTOR SCORESHuman Health ReceptorsScoreCriteria2.5 10 m buffer around residentialaddress points100 m around school address pointsAllotments2.0 10-50 m buffer around residentialaddress points1.5 50-250 m buffer around residentialaddress points50 m buffer around business,commercial and industrial addresspoints1.0 Agricultural land and public openspace0.5 Any unclassified areasSurface Water ReceptorsScoreCriteria2.0 50 m buffer of surface water features1.5 500 m buffer of surface waterfeatures0.5 Any unclassified areasGroundwater ReceptorsScoreCriteria2.0 Source Protection Zones 1 and 21.5 Source Protection Zone 3Major Aquifer1.0 Minor Aquifer0.5 Any unclassified areasEcological ReceptorsScoreCriteria2.0 Within a nationally recognisedecological site1.5 Within 250 m of a nationallyrecognised ecological site.Locally recognised sites

For further copies, information or enquiriesrelating to the content of this strategy, pleasecontact:Swale Borough CouncilSwale House, East StreetSittingbourneKent, ME10 3HTTel: 01795 424341Fax: 01795 417477Email: play@swale.gov.ukWebsite: www.swale.gov.ukIf you would like further hard copies or alternativeversions (i.e. large print, audio, different language) we willdo our best to accommodate your request. Please contactthe Council at the above address.© Designed and printed by the Communications and Marketing Team Swale Borough Council July 2010 - GD0108