Inspection Strategy For Contaminated Land - Newcastle City Council

Inspection Strategy for Contaminated Land – Reviewed July 2006InspectionStrategy ForContaminatedLand

Regeneration DirectoratePublic Health & Environmental Protection DivisionCONTAMINATED LANDINSPECTION STRATEGYFirst Published June 2001Revised July 2006Next Revision July 2007Inspection Strategy for Contaminated Land – Reviewed July 2006

CONTENTSPage No.1. INTRODUCTION1.1 General Policy of the Local Authority. 11.2 Regulatory Context. 51.3 Development of the Strategy. 81.4 Objectives of the Strategy 92. CHARACTERISTICS OF THE CITY2.1 Geographic location, history and description,population distribution. 102.2 Current land use characteristics. 112.3 Key property types. 132.4 Hydrogeologial/key water resource/protection issues,broad geological characteristics. 152.5 Current knowledge of land contamination. 212.6 Ground investigations on privately owned land. 212.7 Specific local features. 232.8 Redevelopment history and controls. 232.9 Industrial history of the City. 263. AIMS OF THE STRATEGY3.1 The City Council’s priorities. 273.2 Current Investigations and Remedial Actions. 283.3 Identification and prioritisation of ‘unknown’ sites. 333.4 Liaison and information exchange. 354. PRIORITY ACTIONS AND TIME SCALES4.1 Site Prioritisation 364.2 Complaints 365. PROCEDURES5.1 Internal management arrangements forinspection and identification. 375.2 Consideration of City Council owned land. 375.3 Information collection. 375.4 Information and complaints. 385.5 Information evaluation. 406. LIAISON AND COMMUNICATION STRATEGIES6.1 Statutory Consultees. 416.2 Communication with owners, occupiers andother interested parties. 416.3 Communication following site specific investigations. 42Inspection Strategy for Contaminated Land – Reviewed July 2006

7. PROGRAMME FOR INSPECTION7.1 Arrangements for carrying out detailed inspections. 428. REVIEW MECHANISMS8.1 Triggers for undertaking further investigations at sites. 468.2 Review of the Strategy Document. 469. INFORMATION MANAGEMENT9.1 General principles. 479.2 The Public Register. 479.3 Administration. 479.4 Use of information by other City CouncilDivisions/Directorates. 479.5 Confidentiality of Information. 489.6 Dealing with requests for information. 489.7 Provision of information to the Environment Agency. 48REFERENCES 49LEGISLATION AND GUIDANCE 49STATUTORY CONSULTEES 49OTHER NON-STATUTORY CONSULTEES 49Inspection Strategy for Contaminated Land – Reviewed July 2006

1. INTRODUCTION1.1 Newcastle City Council is required to inspect its district for contaminationunder the provisions contained in Part IIA of the Environmental Protection Act1990. This document sets out how the Authority will take a “strategic”approach to the inspection of its area and reviews the previous inspectionstrategy published in June 2001.The City Council’s corporate policy towards land contamination is contained in anumber of policy documents; these can be summarised as follows:-• The City Council’s ‘Visions and Values’ sets the priorities for theorganisation. The main is to create a vibrant, inclusive, safe sustainable andmodern European city. This will be achieved by building on the heritage,cultural and economic strengths of Newcastle and a sense of identity and civicpride. Improve the quality of life for the people in our communities and play aleading role in the sustainable growth and prosperity of the region. Theobjectives of this policy relevant to the input of land contamination involve thefollowing specific deliverables:‣ Build and support safe and clean neighbourhoods and communities whilemanaging the environment effectively and sustainably.‣ Create and attractive city for people today and tomorrow, with a welcomingnatural and built environment and an accessible transport system‣ Work to improve all housing, health and well-being across the city andpromote inclusion and equality, and seek to help those individuals andcommunities most in need.The Values – the way we will work to pursue these aims are:‣ Be open, accountable, listening and responsive‣ Put the customer and citizen at the heart of everything we do, deliveringservices in a caring and sensitive manner‣ Manage resources in a coordinated way and with an emphasis uponsustainability‣ Value the contribution of partners, employees and citizens, trusting each otherand working collaboratively.‣ See diversity of our people and communities as a strength‣ Focus upon continuous improvement in the pursuit of excellence, setting andachieving clear prioritise and embracing new opportunities.• The Newcastle Plan sets out the long term plans for making the City amodern prosperous and vibrant place to live. Crucial to the plan areregeneration programs through Local Neighbourhood Renewal Strategiesfocussing on six key themes; land contamination work inputs to two of these -to improve health and social care and the environment. The plan contains twomain parts, the Local Neighbourhood Renewal Strategy which says what willbe done to improve three areas – the ‘East End’, ‘West End’ and ‘North andOuter West’. The second part of the plan called the ‘Community Strategy’details what will happen in other areas of the City1

• The emerging Sustainability Charter for Newcastle upon Tyne measuressustainability in three broad fields of the economy, the environment and socialissues. Land contamination inputs through the positive encouragement of theuse of “Brownfield Sites” for future building of both houses and industrial/officeuse. More specifically inputs are through:‣ For the good of society through; improving health and well being whilereducing inequalities in health, ensuring that everyone has the opportunity ofliving in a decent affordable home‣ For the environment through; better use of resources, reducing the amount ofwaste, protect and enhance the quality of the City’s ground and surfacewaters, the protection and enhancement of biodiversity, protection andenhancement of the quality and diversity of the City’s rural and urban land andlandscapes.‣ For the economy through; ensuring high and stable levels of employment soeveryone can share and contribute to general prosperity and achieving highand sustainable levels of economic growth.The Newcastle City Council Environmental Policy will deliver the environmentalaspects of the charter, those relevant to land contamination are:‣ Making better use of resources.‣ Reducing the amount of waste and increasing the amount recycled.‣ Protecting and enhancing the quality of the City’s ground and surface waters‣ Protecting and enhancing the City’s biodiversity.‣ Protecting and enhancing the quality and diversity of the City’s rural and urbanlandscapes.• The Best Value Performance Plan BVPP is a statutory document in whichthe council is required to publish all performance information. The BVPPdraws together the Corporate Strategic Plan and Cabinet Portfolio information.It also contains details of all statutory performance indicators (BVPIs) andreports on any review and Service improvement plans. The contribution to theBVPP by land contamination covers such areas as: Remediation ofcontaminated land, promotion of sustainable developments, especially in newdevelopments, environmental impact assessments for childrens play areas,schools and nurseries, working with Newcastle University on researchprojects and providing advice on new developments.• Best Value Performance Indicators. There are two BVPIs which relate toland contamination, these were published in 2005 and have a first reportingdate of 31 March 2006. BVPI 216a details ‘the number of sites of potentialconcern’ which have been found. These sites can be either found via theContaminated Land Inspection Strategy or through the development controlprocess. The figure is composed of the total number of sites we are aware of,2

where detailed information is not yet available and the number of sites wheresuch information is available. BVPI 216b is the number of sites wheresufficient detailed information is available to decide whether remediation of theland is necessary, as a percentage of all ‘sites of potential concern’• The City Council’s ‘Unitary Development Plan’ encourages the re-use ofcontaminated land, recognising its contribution towards urban regenerationand reduction in the need to use new sites outside the built up area. The planplaces conditions upon the development of such ‘brown field’ sites requiringsite investigations and agreed remediation strategies. Current GovernmentPolicy requires that 60% of new developments will take place on ‘Brown field’sites by 2008. The City is currently achieving a figure of over 80%• The Local Development Framework will gradually replace the UDP overseveral years. The LDF is not a single document, but a folder or portfolio,breaking the plan down into a number of Local Development DocumentsLDDs which can be individually produced, monitored and renewed to respondmore quickly and flexibly to changing circumstances and needs. There aretwo types of LDDs:‣ Development Plan Documents (DPDs), which are form parts of the statutorydevelopment plan, subject to independent testing by a planning inspector‣ Supplementary Planning Documents (SPDs) which undergo a parallel butsimpler and quicker statutory process, and have lower status. They presentfurther information and guidance, and can be reviewed and replaced morequickly.Development Plan Documents will be written in regard of land contamination andother environmental matters.Enforcement Policy• The City Council has signed the “Enforcement Concordat” produced by theBetter Regulation Unit, Cabinet Office. The principles of the Concordat are asfollows:-• The primary function of central and local government enforcement work is toprotect the public, the environment and groups such as consumers andworkers. At the same time, carrying out enforcement functions in anequitable, practical and consistent manner helps to promote a thriving nationaland local economy. We are committed to these aims and maintaining a fairand safe trading environment.• The following are the principles of Good Enforcement to which the authoritywill strive to achieve.StandardsClear standards are prepared and published setting out the level of service andperformance the public and business people can expect to receive.3

OpennessInformation and advice will be provided in plain language and the rules applied anddisseminated as widely as possible.HelpfulnessThe service will need to be as helpful as possible. Contact names and telephonenumbers will be provided and staff will strive for a courteous and efficient service.Complaints about the ServiceA clear published complaint procedure has been published.ProportionalityThe cost of compliance will be minimised as much as possible by ensuring anyaction taken is proportionate to the risks.ConsistencyDuties will be carried out in a fair, equitable and consistent manner. Controls are inplace to ensure consistency of action.Enforcement Issues in relation to land contaminationWherever possible the authority will try to achieve the remediation of land on avoluntary basis. This may apply in particular, where:-(a)(b)(c)(d)The owner of the land has a programme for carrying out the remediation of anumber of different areas of land for which he is responsible and which aimsto tackle those cases in order of environmental priority.The land is already subject to development proposals.“The appropriate person” brings forward proposals to develop the land inorder to fund the necessary remediation.“The appropriate person” wishes to avoid being served with a “RemediationNotice”.However where these issues do not apply and the Authority identifies “contaminatedland”, a remediation notice will be served when appropriate. Where the land is in theownership of Newcastle City Council a ‘Remediation Statement’ will be written.Public Access to Information.The Authority will provide information and advice in plain language on the ruleswhich it applies and disseminate these as widely as possible. It will be open abouthow it sets about its work, consulting business, voluntary organisations, charities,consumers, etc. It will discuss general issues, specific compliance failures or4

problems with anyone experiencing difficulties notwithstanding these aims. Aconsiderable quantity of information relating to land contamination is held oncomputers, and the Authority is aware of its obligations under the Data ProtectionAct 1984. The City Council is required by the Environmental Information Regulations2004 and the Freedom of Information Act 2001 to supply information where requestsfor such are made. It is anticipated most enquires regarding land contaminationwould fall into the definition of ‘environmental information’ and as such would becovered by the former regulations.Consultation and Involvement of Community Groups and BusinessThe relevant stakeholders were involved throughout the consultation process of thefirst Contaminated Land Inspection Strategy. Extensive liaison and consultationregularly takes place with relevant stake holders and interested parties on a site bysite basis. The Council will ensure that full consultation is carried out before anyremedial measures are adopted on sites determined as Contaminated Land throughthe Part IIA process.1.2 Regulatory ContextContaminated land legislation developed since the early 1990’s. The 1993 WhitePaper entitled “Paying for our Past”, resulted in the Environment Act 1995 amendingThe Environmental Protection Act 1990. A further period of consultation followed.Enabling legislation, regulations and statutory guidance finally came into force inApril 2000. Statutory Guidance DETR Circular 02/2000 details the Act’srequirements for local authorities to inspect their own areas from time to time for thepurpose of identifying contaminated land, provides information relating administrationof the new regime and advice as to deciding if land should be classified as a “specialsite”. The Guidance requires the Local Authority to take a “strategic approach” to theinspection requirement.The Strategy for Contaminated Land should be:-(a)(b)(c)(d)(e)Rational, ordered and efficient.Be proportionate to the seriousness of any actual or potential risk.Seek to ensure that the most pressing and serious problems are located first.Ensure that resources are concentrated on investigating areas where theauthority is most likely to identify contaminated land; andEnsure that the local authority efficiently identifies requirements for thedetailed inspection of particular areas of land.These requirements have prompted the development of this strategy.The Roles of the City Council and the Environment AgencyLocal Authorities have been given the primary regulatory role under the Part IIAregime. Local Authorities have historically had responsibility for dealing with land5

contamination as a “statutory nuisance” and are also lead authorities on land useplanning.The City Council has a duty:(a)(b)(c)(d)(e)(f)(g)To cause its areas to be inspected to identify contaminated land.To ensure remediation of contaminated land.To determine whether any particular site meets the statutory definition ofcontaminated land.To consult the Environment Agency on pollution of controlled waters.To designate Special Sites which transfer to the agency.To act as the enforcing authority for all contaminated land, unless the sitemeets the definition of a “special site”. “Special Sites” are defined in TheContaminated Land (England) Regulations 2000. For these sites, theEnvironment Agency acts as the enforcing authority.To maintain a register of contaminated land remediation.The Environment Agency has a responsibility to:(a)(b)(c)(d)(e)(f)To provide information to local authorities on land contamination.To ensure the remediation of special sites.To maintain a register of Special Sites remediation.To prepare a report on the state of contaminated land.To provide advice to local authorities on identifying and dealing with pollutionof controlled waters.To provide advice to local authorities on the remediation of contaminated land.Definition of Contaminated LandContaminated Land is defined at Section 78A(2) of Part IIA of the EnvironmentalProtection Act 1990.“Contaminated Land” is any land which appears to the Local Authority in which areait is situated to be in such a condition, by reason of substances in, on or under theland, that:-(a)(b)Significant harm is being caused or there is a significant possibility of suchharm being caused; orPollution of controlled waters is being, or is likely to be caused.”6

Section 78 (5) requires the regulatory authority to act in accordance with guidanceissued by the Secretary of State in determining significance and likelihood.Dealing with Contaminated LandIf an area of contaminated land has been identified, the approach for dealing with itwill be the same regardless of whether the Local Authority or the EnvironmentAgency is the regulator. There are four main stages to this approach.(a)(b)To establish who is the “appropriate person” to bear responsibility for theremediation of the land.To decide what remediation is required and to ensure that this occurs,through:-• Reaching a voluntary agreement• Serving a remediation notice, if agreement cannot be reached• Carrying out work themselves, in certain circumstances.(c)(d)To determine who should bear what proportion of the liability for meeting thecost of the work.To record certain information regarding regulatory action on a public register.Pollutant Linkages and Risk AssessmentFor a site to meet the definition of contaminated land, a pollutant linkage must beestablished.A pollutant linkage consists of three parts:-(a)(b)A source of contamination in, on or under the ground.A pathway by which the contaminant is causing significant harm (or whichpresents a significant possibility of such harm being caused).(c) A receptor of type specified in the Circular 02/2000 Chapter A.SOURCE PATHWAY RECEPTORThe receptors recognised as being potentially sensitive are:-a).Human beings – disease, death, serious injury, gene mutation, birth defects orthe impairment of reproduction function.7

).Ecological Systems, or living organisms forming part of such a system withincertain protected locations such as:-• Sites of Special Scientific Interest (SSSI’s)• National Nature Reserves• Marine Nature Reserves• Special Areas of Conservation (SAC’s)• Special Protection Areas• Candidate SAC’s• RAMSAR sitesc).d).e).Property in the form of buildings – This includes structural failure, substantialdamage or substantial interference with any right of occupation. ScheduledAncient Monuments may be regarded as substantially damaged when thedamage significantly impairs the historic, architectural, traditional orarchaeological interest.Controlled Waters – entry into controlled waters of poisonous, noxious orpolluting matter or any solid waste. Formally there was no guidance on whatconstituted ‘pollution’, 2/2000 advised that in the cases of very smallquantities of a contaminant it would be necessary to consider what it would bereasonable to require. Section 86 of The Water Act 2003 has now amendedPart IIA so that it only applies where ‘significant’ pollution of controlled watersis being caused or there is a significant possibility of such pollution beingcaused.Property in the form of:• Crops e.g. diminished yield, loss of value etc.• Produce grown domestically, or on allotments for consumption.• Livestock• Wild animals which are the subject of shooting or fishing rights.Substantial loss occurs where a sizeable proportion of the animals or crops are deador otherwise no longer fit for their individual use. Food is no longer fit for its purposewhen it fails to comply with the provisions of the Food Safety Act 1990.Where diminution in yield or loss in value is caused by a pollutant linkage, a 20%diminutive or loss should be regarded as a benchmark.A conceptual site model attempts to estimate if the components of source pathwayreceptor could form a pollution linkage to exist or appear likely to exist; a riskassessment would then be undertaken to determine the likelihood of significant harmbeing caused. Land can only be determined as being contaminated land wherepollution linkage is shown to exist and that there is significant harm or a significantpossibility to harm being caused to the receptor.8

1.3 Development of the StrategyLocal authorities are required to take a strategic approach to inspecting land in itsarea for contamination.The statutory guidance requires that the approach adopted should:-a) Be rational, ordered and efficient;b) Be proportionate to the seriousness of any actual or potential risk;c) seek to ensure that the most pressing and serious problems are located first;d) ensure that resources are concerned on investigating in areas where theAuthority is most likely to identify contaminated land, and;e) Ensure that the local authority efficiently identifies requirements for thedetailed inspection of particular areas of land.This strategy aims to fulfil the requirements of the above.The draft Contaminated Land Strategy was completed in June 2001. Internally,consultation with the Authority’s Contaminated Land Working Party, the CabinetMember for Environment, Public Health and Safety and the Environment and PublicProtection Select Committee was sought.Formal consultation with :- The Environment Agency, English Nature, Ministry forAgriculture, Fisheries and Food, English Heritage and One North East was made.Informal consultation with other bodies, for example Newcastle and North TynesideHealth Authority and Newcastle University was also made.The final version of the strategy document was published and submitted to the DETRand Environment Agency in June 2001. This current edition was revised in July20061.4 Objectives of the StrategyThe objectives of the Strategy Document are:-a) To meet the requirement to produce a Contaminated Land InspectionStrategy.b) To provide a framework in which the nature and extent of contaminated landwithin the City can be identified and assessed in a rational, ordered andefficient manner.c) To ensure that the most serious problems are dealt with first by a process ofprioritisation of potentially contaminated land.d) To inform stakeholders of the action to be taken by Newcastle City Council toaddress the problems of contaminated land.9

e) To lead to the provision of information to the Environment Agency for its reporton contaminated land.2. CHARACTERISITICS OF NEWCASTLE CITY COUNCIL2.1 Geographic Location, History and Description, Population DistributionGeographic LocationThe City of Newcastle upon Tyne is the regional capital of North East England. It issituated on the north bank of the River Tyne estuary, approximately eight miles fromthe river’s confluence with the North Sea. The City Council’s administrative areacovers some 11,348 hectares and is approximately triangular in shape with thesouthern boundary being formed by the River Tyne.Brief history and descriptionFrom the mid eighteenth century until the Second World War industrial developmentwas of immense importance to Newcastle and the North East of England in general.The period of industrial activity was long and reached its height at the beginning ofthe twentieth century. The area’s prosperity was centred upon the lucrative coaltrade. The river-based economy of the region saw the development of manyindustries based on the coal industry. In the seventeenth and eighteenth centuriesthe area became a centre for glass and pottery production. In the first half of thenineteenth century the alkali and general chemical industry thrived on riverbanksites. Later in the nineteenth century, predominantly on riverbank sites, developedthe heavy industrial economy which survived until the post-war period. The threestaple industries of the last great industrial period were coal, shipbuilding and heavyengineering (particularly marine and railway engineering and armamentsmanufacture). It was the importance of the coal industry which led to thedevelopment of the Tyne as a major shipbuilding centre and as the area in whichrailways and locomotive engines were developed. The City was a centre for leadmanufacture with at least five lead works located within the City’s boundaries.Lemington Iron Works10

Armstrong Whitworth’s Elswick WorksPopulationThe population of the City is approximately 273,000. Much of the City Council’sadministrative area is covered by mixed land use for industry and housing. Thereare outlying villages separate from the urban area, principally Throckley, Newburn,Walbottle, Dinnington, Hazlerigg and Brunswick Village.The population of the City has declined over a number of years with the principalcause net outward migration. About half the net loss is long distance and is mainlyjob related, while the remainder is more local and is principally housing led. TheAuthority’s ‘Newcastle Plan’ seeks to reverse this process of long term populationdecline.2.2 Current Land Use CharacteristicsMuch of the City Council’s land area is taken up by residential housing. The CityCentre area is mainly occupied by retail and commercial activities, although anincreasing number of housing developments are being encouraged.Land scheduled for industrial purposes is situated mainly along riverside areas,principally Walker Riverside and the industrially reclaimed area of Newburn Haugh.Considerable areas of agricultural land occupy the western and northern areas of thedistrict. The airport occupies a large area of land west of Kingston Park. TheNorthern Development Area comprising of ‘Newcastle Great Park’ located to thenorth of Kingston Park is currently under development and is to consist of housingand commercial use on this ‘Greenfield’ site.11

Newcastle City Council Land OwnershipThe City Council owns considerable areas of land, details of the holdings are kept inthe ‘Land Terrier’, providing a historic record of how the Council hasacquired/disposed of land. The holdings consist of housing, highways, recreationand leisure facilities, education and land held for the purpose of regeneration,development and environmental improvement.These holdings include:-117 Schools made up of :-16 - Nursery Schools21 - First Schools2 - Infant Schools2 - Junior Schools52 - Primary Schools9 - Middle Schools12 - Secondary Schools10 - Special Schools63 Allotment sites.36 Playing fields (not attached to school premises).35,486 Houses.Protected Locations (Natural Habitats)It is the City Council’s intention to widen the Biodiversity of its area through aBiodiversity Action Plan (BAP). Newcastle has a wide range of wildlife habitats.Some have a particular value and are formally recognised at a national, regional orlocal level. These recognised sites are given special protection.The City Council is committed to promoting proper management and enhancementof nature conservation resources, including the creation of new habitats. Thisstrategy identifies polluted mine water from former collieries as being strategicallyimportant for remediation. The treatment of these discharges is intended to bethrough the creation of a passive wetland treatment system. Wetlands are identifiedin the BAP as a priority habitat. Funding has been unsuccessfully sought throughthe Landfill Tax Credit Scheme to remediate contaminated mine waters from theformer Isabella Colliery in Newburn, by means of a reed bed system, it is a long termaim to re-visit this problem and remediate when resources become availableCircular 2/2000, Part 3 recognises ‘Harm’ only to receptors listed in Table A of thedocument. In the case of living organisms and Ecosystems, only two categories oflimited protections exist with the City Councils area: Sites of Special ScientificInterest and Local Nature Reserves. SSSI’s are of national importance for their flora,fauna or features of geological interest, the designation is made under the Wildlifeand Countryside Act 1981.Newcastle has five SSSI’s:-Big Waters.12

Brenkley MeadowsGosforth ParkHallow HillPrestwick CarrThere is one Local Nature Reserve designated: Denton Dene. However, a furtherseven are to be designated shortly,Big Waters,Callerton Pond,Havannah Colliery,Lemington Gut,Paradise Tidal MudflatsSugley Dene,Walbottle Brickworks andWalbottle/Throckley Dene.Gosforth Park SSSIIn addition to the sites that have received statutory designations there are twentyonesites of Nature Conservation Importance (SNCI’s) and thirty-six Sites of LocalConservation Interest (SLCI’s). Twenty-two ‘Wildlife Corridors’ are also identifiedwithin the UDP.13

2.3 Key Property TypesProperty in the Form of BuildingsThe City Council’s area is predominately urban with ‘buildings’ of residential,commercial and industrial usage being widespread. The area, being underlain by apreviously worked shallow coal field is potentially subject to building damage or‘building effect’ through settlement etc. Deep mining ceased over thirty years agoand its effect now is likely to be minimal, however, consideration always has to begiven to potential mine gas emissions and the potential of subsidence from shallowworkingsHistoric EnvironmentNewcastle has an extensive and generally well preserved historic environment.Hadrian’s Wall passes east/west through the City and is uncovered in severallocations, the original Norman Keep which gave the City its name, is well preserved,as are some sections of the City’s medieval wall.There are approximately 1600 Listed Buildings in the City Council area.The City has nine Conservation Areas:-CentralLeazesFramlington PlaceSummerhillBrandlingExposed Remains of The Northumberland Lead Worksduring the Remediation of Byker City Farm14

South JesmondNorthumberland GardensSt. Nicholas HospitalJesmond DeneThere are fourteen Scheduled Ancient Monuments:-Gardener’s Houses Settlement, Dinnington.Two Rectangular Camps, HazleriggDewley HillNewcastle Swing BridgeNewcastle upon Tyne CastleNewcastle upon Tyne WallHadrian’s Wall, Vallum and associated works.Salter’s Bridge, GosforthOld Tyne Bridge Land ArchesSt. Mary’s Well, JesmondSt. Mary’s Church, JesmondBlackfriars, the remains of a Dominican FriaryThe ‘Camera’ of Adam of JesmondChapel south of Low Gosforth House.The City Council is committed to investigate and preserve archaeological remainswhere these are found during the remediation of determined Part IIA sites. Duringthe remediation of the Byker City Farm site, an archaeological watching brief wasemployed throughout the works. The remains of the Northumbrian Lead Works havebeen substantially enhanced during the excavation and will add to the interpretationof the industrial heritage of the Lower Ouseburn ValleyProperty in the Form of Agricultural Land etcAgricultural lands surround the City on the north and western fringes. The land useis predominantly arable, although some pastoral farming is operational in thesouthern part of the area.The Town Moor is a central area of moor/grassland surrounded by urbandevelopment. The land is used for both animal grazing and recreation. The TownMoor is owned by the City Council with the ‘herbage rights’ being managed by theFreemen of the City. The Town Moor was the site of historic coal mining operationsand has been open cast worked on at least two occasions in the twentieth century.2.4 Hydrogeological/Key Water Resource/Protection Issues, BroadGeological CharacteristicsThere are no groundwater abstractions within the area used for drinking watersupplies, and therefore no Groundwater Protection Zones have been made by theEnvironment Agency. There are two ground water abstractions for industrial use inthe north of the area at Brunswick Village and North Gosforth.The ground water level in the coal measures has not yet recovered to its naturalstate, following the cessation of the Coal Authority’s Minewater Pumping15

Programme. Groundwater levels are currently rising and it is not known what theireventual level will be. Rising groundwaters could result in the emergence ofpotentially polluted minewater outlets in the area, or increased flow in the existingoutfalls.The Environment Agency’s Groundwater Vulnerability map for the Tyne & Tees areais classifies the Coal measures underlying the City as a “minor aquifer”. MinorAquifers have variable permeability, they rarely provide large quantities of water forabstraction but are important for local supplies and supplying base flows of rivers.The “Minor Aquifer” classification is further subdivided in Newcastle, the urban areabeing classified as “U” and the more rural fringe as ‘low’A “U” classification gives the aquifer a high vulnerability classification; this is given asfewer observations than elsewhere have been made for the aquifer. The rural fringeto the City is given the classification “low”, these are of low leaching potential andreflect the area being overlain by drift deposit of boulder clay. This boulder clay alsoextends under much of the urban area. The Environment Agency’s current policyregarding groundwaters, to only comment on development proposals in GroundwaterSource Protection Zone 3, means that they will have little input into such works inNewcastle at the current time.The main watercourses in the area are the River Tyne and the Ouse Burn. TheTyne is tidal throughout the City. The quality of the tidal estuary is improving and theriver supports a large population of migratory salmonoids.The Ouse Burn originates at Callerton Pond and has its confluence with the RiverTyne at Byker, the burn is tidal for several hundred metres. It is culverted for 665mwhere it passes under the City Stadium landfill site. The General QualityAssessment (GCA) shows the burn to be C (fair).There are many smaller culverted streams flowing under the City, some of these arecombined with sewer systems, others discharge into the River Tyne. Examples ofthese burns are Pandon Burn, Skinner Burn, Lort Burn.16

Pandon Burn Culvert, uncovered during recentconstruction works, Broad ChareThe Construction of the Ouseburn Culvert 190717

Broad Geological CharacteristicsThe landscape of the area was shaped before and during the last glaciation and hasbeen modified only slightly since that time. Approximately ninety percent of the areais covered with drift deposits of glacial or later origin. These deposits are principallyboulder clays, mixed clay and sand, laminated clays and silts. Sandstone rockoutcrops occur at Byker and the ridge between Benwell and Elswick. The driftgeology is shown on figure 1The solid geology of the area consists of approximately 800m of coal measuresresting conformably on the underlying Millstone grit. The coal measures areclassified according to the Westphalian stages. The sequence of rocks through thecoal measures is rhythmic, with mudstone succeeded in turn by sandstone and coal.The average depth of this cycle of rocks is above twelve metres in thickness, but canbe reduced when one of the rocks is either thinner or missing. The solid geology isillustrated on figure 2.The coal measures have been extensively mined, with the thickest seams almostexploited to exhaustion. For example, the High Main Coal, the thickest and mostconsistent coal seam in the area is worked to 75-90% extraction rate. The thinnerseams are much less worked and there is thought to be potential for further mining,particularly through open cast operations, if favourable economic conditions prevailin the future. Currently there is one open cast coal mine in operation within the City’sboundaries at Fox Culvert in the North of the district.18

12City_boundaryb.shpDrift_G eologyAlluvium (Gravel, Sand and Silt)Glaciofluvial Deposits, Undifferentiated (Gravel, Sand and Silt)Glaciolacustrine Deposits, Undifferentiated (Clay and Silt)Glaciolacustrine Deposits, Undifferentiated (Silty Clay)Glacial Sand and Gravel (Sand and Gravel)Head, Undifferentiated (Diamicton)Lacustrine Deposits, Undifferentiated (Sand, Silt and Clay)Peat ( Peat)Pelaw Clay (Clay)River Terrace Deposits, Undifferentiated (Gravel, Sand and Silt)Till (Diamicton)Tidal River or Creek Deposits (Clay, Silt, Sand and Gravel)Drift G eology Not M apped (U nk nown Lithology)Figure 1. Newcastle upon Tyne. Drift Geology (British Geological Survey)19

City_boundaryb.shpSolid_G eologyLower Coal Measures Formation (Undivided Cyclic Sedimentary Rocks)Lower Coal Measures Formation (Sandstone)Middle Coal Measures Formation (Undivided Cyclic Sedimentary Rocks)Middle Coal Measures Formation (Sandstone)Mull Dyke-Swarm (Dolerite)North Britain Palaeogene Dyke Suite (Dolerite)Stainmore Group (Mudtone, Siltstone and Sandstone)Stainmore Group (Sandstone)Upper Coal Measures Formation (Undivided Cyclic Sedimentary Rocks)Figure 2. Newcastle upon Tyne. Solid Geology (British Geological Survey)20

2.5 Current Knowledge of Land ContaminationNewcastle City Council, with its legacy of industrial history, had been active in thefield of land contamination investigation and remediation for some time. There isextensive information relating to many sites within the Authority’s area. Much of thisinformation has been brought together in the form of a comprehensive database onthe Geographical Information System.Prior to the first Contaminated Land Inspection Strategy, information concerning landcontamination was been built up mainly from ground investigations carried out by theCity Council itself and from privately funded ground investigations often on areas ofland subject to development proposals.The first Contaminated Land Inspection Strategy, published in June 2001 initiated astrategic approach towards the inspection of contaminated land and work has beenon-going since this date to both identify sites for inspection and inspect potentialsites.Previous Ground investigations of City Council owned landThe City Council owns various sites which have had former industrial or otherwisepotentially contaminated uses. There has been an on-going programme toinvestigate these sites by desk top studies and where necessary intrusiveinvestigation. Some of the investigatory works have been funded within theCouncil’s existing budget while, others have been funded through DEFRAsSupplementary Credit Approvals and Contaminated Land Capital ProjectsProgramme; Other sites are investigated by developers as part of the process ofsale. Since 1997 the following sites have been investigated by means of DEFRA(and its predecessors) funding:-a).City Stadium SiteThis site is located in City’s Shieldfield Area and was intended for use as an athleticstrack. The site was a former landfill operating from 1907 until 1951, built over theculverted Ouseburn. The land was partially occupied by the Ouseburn Leadworksprior to its infill.b).Former IRD SiteThis site is located on the Fossway in the Byker area of the City. It was used as aresearch and development site for Parsons Engineering. Prior to its industrial usethe land formed part of a larger quarry site, mining outcrops of sandstones at BykerHill. The quarries were landfilled by Newcastle City Council during the early to mid20 th Century, the waste being incinerated on site prior to disposal.c).St. Anthony’s Tar WorksThe site is situated on the Walker Riverside Park and was used for the manufactureand distillation of coal tars. Following demolition and partial clearance of the tarworks facilities evidence of visible tars and oils together with dissolved hydrocarbonsbecame noticeable in the adjacent river. The underlying sands and gravels beneaththe site have been found to be heavily contaminated with tars and oils.21

d).Millers DeneThis is the site of a former war time and post war landfill site currently used as arecreational field.e).Lower OuseburnThe Ouseburn has a long industrial history which has included, glassworks, limeburning, lead processing, engine manufacture and scrap yards. The investigationconcentrated on the Byker Farm area which is situated on the site of the formerNorthumbrian Leadworks.A window sample borehole being taken at Byker Farmf). Denton DeneInvestigation of the landfilled valley of Denton Burn. The area has been subject to along mining history and was landfilled during the 1950s and early 1960s. The site isnow used for public open space, recreational fields, sports centre, boys club andworking mens club.g). Various Allotment SitesInvestigation of various allotment sites identified by Newcastle University in theirpreliminary study of the City’s Allotments which had received ash from the BykerHeat and Power plant.22

In addition to the investigation of these sites, the City Council also operates a landfillgas monitoring programme at former landfill sites throughout the City Council’s area.Currently the following sites are being monitored on a monthly basis:-Daisy Hill, WalkerCity Stadium, ShieldfieldDenton Dene, DentonIris Brickfields, Rothbury Terrace, HeatonThrockley Park2.6 Ground Investigations on Privately Owned LandGround investigations are carried out on privately owned land across the City .These may either have been prompted by the owner wishing to know the condition ofthe land and any liabilities attached to it, or they may be as part of a “riskassessment” of the land prior to development.In the latter case, where the investigation is prompted by a planning condition, theAuthority is provided with a copy of the land report, These reports are also enteredonto the Landmark Geographical Information System (GIS) data base. Reports mayalso be provided where the owner of the land seeks the advice of the City Council.2.7 Specific Local FeaturesInformation regarding natural geochemistry of soils within the City Council area islimited. The British Geological Survey of Regional Geochemistry North EastEngland, records the Tyneside area as ‘Absent Data’. However, reference is madeto the contribution to regional geochemistry by industrial contamination, stating thatlevels of copper, zinc, nickel, tin and vanadium are often enhanced.Within the City Council area in addition to the elements cited above, enhanced levelsof lead are also recorded, particularly in the areas around former lead works. Duringmuch of Nineteenth Century Newcastle was one of the main lead processing centresof the UK. The industry developed primarily due to its proximity to the North PennineOrefield, a major world producer of lead during the Nineteenth Century. Someenhanced lead levels may also be due to years of vehicle emissions, previous use oflead paint, lead water pipes, coal fire ash etc.Colliery waste is common within the City Council area, either as original spoil heapsor as landfill where the heaps have been remediated and used as landfill. Raisedconcentrations of the following elements are often recorded from coal and shalescontained in the deposits:- arsenic, beryllium, cobalt, copper, lead, vanadium, zinc,gallium, potassium, rubidium.2.8 Redevelopment History and ControlsThe City’s economy has changed from one of primarily manufacturing to a servicesector industries; this has had a major impact in those areas formerly used formanufacture. These areas were mainly located along the river frontages.23

Redevelopment of the riverside areas has been carried out by both the former Tyneand Wear Development Corporation and the City Council. In particular the Quaysideareas and the Newcastle Business Park form large areas of such redevelopment.Redevelopment of former industrial sites, including collieries has been carried out bythe City Council, the former Tyne and Wear County Council and other agencies.Tyne and Wear County Council operated from 1974 -1986 and redeveloped, WalkerRiverside, Newburn Countryside Park, Coronation Pit and Walbottle Waggonway.Redevelopment of a number of former Colliery Sites has been carried out by the CityCouncil; these include Percy Pit, Havannah Colliery and Brenkley Colliery. TheOuseburn Partnership, together with the City Council has been instrumental in theon-going work to the Lower Ouseburn.Tyne and Wear Development Corporation operated between 1987 and 1999 carryingout a number of redevelopment projects including the Riverside Business Park, theEast Quayside and St. Peters Basin. The organisation continued the development ofWalker Riverside following the cessation of Tyne & Wear City Council.One North East, the successor of English Partnership and English Estates,remediated Newburn Haugh, one of the largest regeneration sites in the UK.Government targets for development require Local Authorities to achieve 60% of allnew developments to be on ‘Brown Field’ sites by 2008. Newcastle City Council iscurrently achieving around 80%, exceeding its additional LPSA 2001 –2004 target of75%.Development ControlsDevelopment Controls are contained within the City Council’s ‘Unitary DevelopmentPlan’. The following matters are taken into account in determining all applications.• The requirement that where the development plan is material to theapplication it shall be determined in accordance with the plan unless materialconsiderations indicate otherwise.• Government advice given in relevant planning policy guidance, developmentcontrol policy notes, circulars and ministerial statements.• The need for efficiency and speed in the development control process.• The general public interest, including public representations so far as they areof importance from a planning point of view.• Any applicable statutory duties and limitations, and• Any applicable supplementary planning guidance and development brief.24

Investigation and reclamation of known or potentially contaminated land will beencouraged, particularly where contamination is a constraint to development orcauses a known or potential risk to health. The re-use of contaminated landcontributes towards urban regeneration. The City Council will encourage thetreatment of contaminated land, including the use of derelict land grant.Planning Policy Pollution (POL6) states:-“Developers are required to undertake a thorough site investigation where a site is,or may be contaminated. The investigation must identify the nature of contaminationtogether with the remedial measures required to treat or remove it in accordancewith the best practicable environmental option appropriate to the proposeddevelopment and the nature of the site. Development will not be allowed tocommence until these measures have been completed, unless they are effected aspart of the actual development process.Planning Policy Statement 23 Planning and Policy Control (PPS23) details thenational guidelines in regard of development and land contamination. Historic desktop studies and conceptual site models are normally required with planningapplications. Developers will normally be required to carry out site investigations ofland which is known or suspected to be contaminated prior to planning permissionbeing granted. On land where there is only slight or potential contamination acondition may be imposed requiring site investigations before development beginson site.In all cases any contamination must be treated or removed prior to development.Chemical and organic pollution will be treated, so far as is possible, on site.Leachate will be prevented from migrating from polluted sites prior to its treatment.Developers will be required through planning conditions to provide a validation reportwhich details the remedial work carried out and has an assessment by a suitablyqualified person that the site is sustainably suitable for use.The Building Regulations 2000 Approved Document C makes requirements forbuildings in relation to land contamination. The requirements have been extended toinclude land around a building in addition to that under it. Remedial measures takenhave been expanded to include chemical, biological and physical treatmentprocesses. The Building Regulations are enforced by the City Council’s BuildingControl Section and where land contamination is an issue staff from the PublicHealth and Environmental Protection Divisions Contaminated Land Section andBuilding Control Officers will work closely together to avoid repetition.The City Council’s Newcastle Plan encourages the regeneration of ‘Brown Field’sites where contamination may be present. Such redevelopment aids theremediation of ‘contaminated land’ within the City boundaries and developsderelict/under utilised sites.There is close liaison between the City Council’s Planning and TransportationDivision and Public Health and Environmental Protection Division concerningplanning applications on potentially contaminated land. The Environment Section ofPublic Health and Environmental Protection views all planning applications made tothe Authority.25

2.9 The Industrial History of the CityCoal has been mined on the banks of the Tyne since at least the thirteenth century.By the seventeenth century Newcastle was a nationally important town based on thewealth created by the coal trade. From that time, the development of early railwaysand the building of timber ships to transport coal became major activities of the area.Colliery waggonways and railways leading to the River Tyne became a principalfeature of the landscape. By the nineteenth century, however, much of the majorcoal extraction of the area was taking place away from Newcastle and the river asthe South East Northumberland Coalfield was exploited.Much of the early industrial development of Newcastle took place to the west of thetown centre. Early waggonways brought coal to staithes at Lemington. At Lemingtonthere was a concentration of industries which began in the late eighteenth century,including the Northumberland Glass Works and the Tyne Iron Works. At Newburn,industrialisation took place in the mid-nineteenth century fostered by the building ofthe Newburn, Scotswood and Wylam Railway. To the east of the town centre thecentre of industrial development was in the Ouseburn where the early glass industryhad begun in the seventeenth century and the Lower Ouseburn valley became acentre for a variety of steam powered industries. The most significant individualindustrial sites within the city were those on the riversides, particularly the mightyArmstrong Works at Elswick and the concentration of shipyards at Walker.Newcastle was one of the most important locations for the manufacture of leadthroughout the nineteenth and early twentieth centuries. The riverside industries ofthe late eighteenth century and early nineteenth centuries, particularly the TynesideChemical industry, were overlain by shipyards, repair yards and engineering workswhich themselves have now been superseded service industries.FElswick Lead Works26

St Anthony’s Lead Works. Walker Riverside3. AIMS OF STRATEGYThe principal and overriding aim of this strategy is to identify land falling within thePart IIA definition of ‘Contaminated Land’ lying within the City’s boundaries, i.e.where a pollution linkage between contaminant and receptor is likely to exist. It isrecognised, both by the City’s industrial heritage and through geotechnicalinvestigations already carried out by the Authority and Developers that significantareas of land with elevated levels of contaminants exist.3.1 The City Council’s PrioritiesThe investigation of potentially ‘contaminated land’ sites will be a considerable task.It is therefore logical that resources are targeted at those areas where it is perceivedthat the greatest risk, or harm, is likely to exist. The Authority will prioritise sites inaccordance with receptors and land use, with human health being the highestpriority.The following prioritisation will be followed:-1. Human Health(a)(b)(c)(d)AllotmentsChildren’s play areas, Nurseries, First and Primary Schools.Recreational fields, Middle and Secondary schools.Homes with gardens.27

(e)Agricultural land.2. Controlled Waters3. Ecosystems (only SSSIs are relevant in Newcastle)4. Buildings.3.2 Current Investigations and Remedial ActionsA number of investigations are on-going and have lead to remedial actions takingplace. These actions are largely funded through DEFRA’s Contaminated LandCapital Projects Scheme and are outlined below.St. Anthony’s Tar WorksSt Anthony’s Tar Works operated between 1920 and 1981. There have beenseveral investigations of the site and two previous failed remedial schemes, the lastbeing a pumped treatment system developed in 2000. The site is currently beinginvestigated again with an in depth study of ground water movements, tidalvariations and contaminate concentrations, quantities and location being carried outas a joint project between Ove Arup and Partners, the City Council and QueensUniversity Belfast. The site is extremely complex and the current investigation hasso far made great progress towards the understanding of these complexities. It ishoped that having completed the site assessment further funding will be available forfeasibility for effective site remediation and eventual remediation should this berequired/possible.Coal tars entering the River Tyne at the former StAnthony’s Tar Works28

Drilling investigatory boreholes on the foreshore.St Anthony’s Tar Worksb).Millers Dene and Walkergate Nursery SchoolThe site investigation of Millers Dene identified raised arsenic concentrations andpotential dangerous exposed landfill materials –glass, sharp items of metal etc in thegrounds and play area of Walkergate Nursery School. Action is took place 2001 andthe site was validated and is now suitable for use.c).Byker City FarmA site investigation of the former Byker City Farm carried out in 2000 identified heavymetal contamination in the soils of the former lead works which were of suchconcentration that further investigations were warranted. In house investigation ofthe surface soils revealed unacceptably high concentrations of lead in the surfacesoils and the site was subsequently determined as ‘Contaminated Land’ under PartIIA of the Environmental Protection Act 1990.Funding was successfully applied for under DEFRA’s Contaminated Land CapitalProjects Fund and the site was remediated between 2002 and 2004. The siteremediation took the form of disposal of contaminated soils from the site and the29

capping with a gravel capillary break layer, a clay cap and clean top soil. Extensivearchaeological investigations were carried out during the work in an attempt to locateHadrians Wall and study the industrial archaeology of the site. The site has recentlybeen developed as The Ouseburn Farm and has now re-opened for public use.Former Byker City Farm. Placement of Capillary BreakLayer and Clay Capd).AllotmentsA number of City Council Allotment Sites received ash from the Byker District CHPwhich burned waste derived fuel. The ash was used to form paths within thegardens.Analysis of the ash identified raised concentrations of dioxins and heavy metals.Newcastle University carried out a preliminary investigation of sites which requiredfurther investigation and these are now being inspected by the Contaminated LandTeam and Newcastle University staff seconded to the section.The investigations have greatly helped the City Council to develop advanced riskassessment methods which have lead it to become a leader in the field of such riskassessment techniques.Should allotments be found where ‘significant harm’ or ‘significant possibility ofsignificant harm’ is identified, then appropriate action will be taken. Walker RoadAllotments and Branxton Allotments were identified for remediation through thisprocess.30

e).Walker Road Permanent AllotmentsInvestigations at Walker Rd Permanent Allotments were carried out firstly byNewcastle University to ascertain if the site had been adversely affected bydeposition from the adjacent Byker Combined Heat and Power Plant. The sitereceived no Byker Ash. At the time of the investigations the site was in a seriousstate of terminal decline with low levels of occupancy and frequent damage causedby anti social behaviour.Walker Road Allotments prior to remediation.The investigations revealed raised concentrations of heavy metals and some organiccompounds. Desk top investigations of the site showed that it had previously beenthe site of a sandstone quarry which had been subsequently landfilled and severalsmall historic collieries. One on-site colliery spoil heap had combusted and burnt forseveral years prior to the investigations.31

Walker Road Allotments. remediation works in progressThe site was determined as Contaminated Land and remediated between 2003 and2006. Remediation was carried out by importing clean soils with some mixing withon-site soils carried out. The former landfill was capped with compacted clays. Theremediated site has former a model allotment site and is now fully occupiedWalker Road Allotments. Completion of the site remediation32

f).Branxton A and B AllotmentsThe City Council carried out an in-house investigation of these two allotment sitesand identified them as contaminated land. A successful application under DEFRA’sContaminated Land Capital Projects Fund has been made and the remediation ofthe sites is hoped to commence in October 2006.g).Nurseries, Childrens Play Areas, First and Primary Schools.These sites are identified through the contaminated land inspection strategywhere the present use land use conflicts with a past use. Such coincidenceidentifies the site for inspection. Initially a desk top is carried out, followed by a sitewalk over and then an appropriate form of physical site investigation if necessary –soil sampling, land fill gas monitoring etc. The progression of the work is dependantupon resource availability.3.3 Identification and Prioritisation of ‘Unknown’ SitesIt is recognised that areas of ‘contaminated land’ may exist within the City which arenot currently known. The aim of the Authority is to identify potential sites andprioritise them according to the criteria set out in 3.1.Use of Landmark DatabaseThe Authority has sets of historic Ordnance Survey maps in digital format, these areused with the Council’s Geographical Information System (GIS), Arc View, with theLandmark Information Database of historic potentially contaminated sites – formerindustrial locations, landfill sites etc. We have carried out considerable research toidentify further potentially contaminated land source areas and these have beenincluded on this constantly evolving data base.The historic Ordnance Survey maps are from six separate time periods (or epochs)in 1:2500 and 1:10000 scales18561898192119361950(s)1960-70sA limited coverage of Town Series maps of a scale 1:500 are held for the City Centreand its environs for the epochs 1862, 1896 and 1908.Mapping technology was not as accurate during these times as it is currently,therefore each set of maps has been '‘geo-rectified'’ to allow them to be overlain ontocurrent maps.The historic land use database identifies areas of potentially contaminated land fromanalysis of historic Ordnance Survey maps, following Department of the Environment(now DETR) data on the identification and classification of potentially contaminated33

land uses. The information is constantly evolving as more knowledge is gained andmore research carried out.The City Council has historic aerial view coverage of its area from the post war era(1947 – 1950) this forms an invaluable resource and greatly adds to the mapresources.British Geological Survey 1:10000 digital maps are also held. These have solid anddrift data together with borehole locations, faults, coal seams etcIdentification of ReceptorsInformation on the location of ‘receptors’ and the subsequent mapping of theirlocations cannot be purchased as an ‘off the shelf’ product. The location of presentday receptors – schools, play areas, allotments etc is held within relevantDirectorates of the City Council and is used where this strategy identifies a priorityreceptor to investigate.The receptors with the highest prioritisation i.e. allotments, children’s play areas,nurseries, first and primary schools have been mapped and are currently beinginvestigated.Prioritisation of SitesSites are prioritised according to a Source-Pathway-Receptor approach as requiredby Circular 2/2000 and subsequent guidance. The highest priority sites, on areceptor basis, have been identified first for inspection.Layers of maps containing contaminated sites through the available epochs are laidover a layer containing ‘receptors’. Shape files of receptor sites – nurseries, playareas etc have been sources internally in the City Council. Where a formercontaminated site coincides with a receptor, scores for the receptor this indicates asite for further investigation.The first phase of the site prioritisation involving allotments, children’s play areas,nurseries, first and primary schools has been completed.34

Prioritisation of SitesSOURCESRECEPTORSEPOCH 1(QUARRY & LANDFILL)EPOCH 2(MINE & SPOIL)COMBINED 2006(ALLOTMENTS GARDENS)COINCIDENCE OF CONFLICTING LAND USE –AREA FOR INVESTIGATION3.4 Liaison and Information ExchangeInternal information exchange within the Local Authority’s relevant Directorates willbe made, including Public Health and Environmental Protection, Planning andDevelopment Control, Ecology, Historic Environment, Education, NeighbourhoodServices and City Property. Representatives from other disciplines will be invited toparticipate as and when appropriate. Liaison with the County Archaeologist andreference to the County Sites and Monuments Record will occur where a site is ofhistoric importance.The Authority has good links and working partnerships with the Environment Agency,the Health Protection Agency, Food Standards Agency, and the University ofNewcastle and Queens University Belfast. These bodies and other relevant bodiesand agencies will be consulted when appropriate.35

4. PRIORITY ACTIONS AND TIME SCALES4.1 Site PrioritisationSites will be prioritised according to the methodology previously outlined. Theintention is to carry out the following inspection programme. However it must bestressed that the time scales given for completion may change according to thenumber of sites which are identified, the remediation required and the resourcesavailable for investigation/remediation.Allotments March 2009Children’s Play Areas, Nurseries, Firstand Primary SchoolsRecreational Fields, Middle andSecondary SchoolsMarch 2010March 2012Homes with gardens March 2015Agricultural Land March 2017Controlled Waters, Ecosystems,BuildingsMarch 20204.2 ComplaintsIn addition to the above prioritisation, complaints received from stakeholders or othersources, or sites which come to light by other means and have clear evidence ofcontamination / receptor linkage, will be investigated even though they may lieoutside the above prioritisations.36

5. PROCEDURES5.1 Internal Management Arrangements for Inspection and Identification.The Regeneration Directorate’s Public Health and Environmental Protection Divisionhas the overall responsibility for the implementation of Part IIA The EnvironmentalProtection Act 1990.The responsibility for the day to day work is the responsibility of the Team Managerfor the Contaminated Land section who reports to an Environment Team Leaderwithin the Division.The Head of Public Health and Environmental protection has delegated power toenforce the provisions of Part II A Environmental Protection Act 1990 and has thepower to determine which officers under his control undertake the relevant work.The Cabinet Member for the Environment and Member of the Environment andPublic Protection Select Committee will be kept informed of the progress of theinspection strategy.5.2 Consideration of City Council Owned LandLand owned by the City Council will not be specifically targeted for inspection.Section 3 of this strategy sets out how sites will be prioritised, this process will ignorethe land ownership and focus on potential risk. However, the nature of the landoccupancy prioritised as high risk will be likely to have significant localauthority/public ownership.5.3 Information CollectionMany sources of information are required to identify potential sources ofcontamination and potential receptors. Some of these resources are detailed below.Historic MapsThe Authority has digital OS maps from 1856 to the present day, former potentiallycontaminated land use has been identified by Landmark and by the ContaminatedLand Sections own work. A data base of receptors has been built using a range ofresources available to the Authority.The City is particularly fortunate in having historic maps which pre-date the firstordnance survey maps; some of these maps are very accurate and provide usefulinformation on the location of former industries/land use. Copies of the following oldmaps are held:-James Corbridge 1723Charles Hutton 1770John Wood 1827T. Oliver 183837

In addition maps of the courses of culverted burns and streams are held.Geological Survey MapsPlan of Newcastle upon Tyne by James Corbridge 1723The City has digitised copies of the British Geological Society’s solid and draft mapson a scale of 1:10000 for its area. These maps also contain information regardingborehole/colliery shaft location, old wells, etc.Environment Agency MapsCopies of 1:100000 ground water vulnerability map series are held. The Authorityhas a digital copy of Agency’s Part IIA inspection strategy maps.Information from Trade RegistersCopies of former Trade Registers dating from the early 19th Century are held by theCity Council’s Library Service. The registers provide a useful source material forlocating the presence of former industries. Trade Registers have been used by theDivision to locate the sites of specific former industries, for example the location offormer lead processors and white and red lead paint manufacturers.Planning and Development Control RecordsThe City Council’s Planning and Development Control Service impose conditions oncertain planning applications requiring that ground investigations and risk38

assessments are carried out. These records provide a useful source of informationboth relating to historical ‘desk top’ studies and analytical results from intrusiveinvestigations. This information will be recorded as data on the GIS system.The Unitary Development plan details present and proposed future land use withinthe City Councils area. The plan indicates future areas of land use change, whereincoming ‘receptors’ e.g. new housing development may lead to former ‘brown field’sites becoming possible ‘contaminated land’. There is close liaison between therelevant staff to ensure that appropriate safeguards are included following the receiptof proposals to develop potentially contaminated land.Building ControlThe City Council’s Building Control Section hold site investigation reports submittedwith Building Regulation applications. These reports often give information of groundinvestigations on sites and provide useful details of potential contamination.Local History Societies / Tyne & Wear Archive EtcInformation has been gathered for specific projects from Local History Societies,Tyne and Wear Archives, the Coal Authority, Local Library etc. Where appropriate,this information will be added to the GIS data base.Environmental Health RecordsUseful site information is present on the Division’s data base, including current andpast industrial/commercial occupancies, complaints regarding nuisance etc.Integrated Pollution Control RegisterThe Authority maintains a public register containing details of authorised industrialprocesses in the City since 1990.Landfill Gas MonitoringLandfill gas monitoring is carried out by the Authority at its former landfill sites. Thesites currently being monitored are:-Daisy Hill, WalkerCity Stadium, ShieldfieldDenton Dene, DentonRothbury Terrace, HeatonThrockley Park, ThrockleyMonitoring is carried out for carbon dioxide and methane levels. The records areheld by Neighbourhood Services with historic and recent records held within theContaminated Land Team.5.4 Information and ComplaintsWhere complaints are received from members of the public, businesses, voluntaryorganisations etc., these will be investigated in accordance with the City’s39

performance targets i.e. a first response will be made within three dates of receiptand an appropriate investigation carried out. Confidentiality concerning thecomplaint will be maintained. Anonymous complaints will be investigated.Where requests for information regarding sites are received these will be followed upwithin 14 days of receipt. A charge is normally made for such requests, and awritten report produced. Charges vary according to the size of the site and thecomplexity of information required.5.5 Information EvaluationEvaluation of Information on actual harm or water pollutionThe strategy will identify potential land contamination in accordance with thepriorities outlined previously. These sites will be further investigated in order toassess the presence of significant harm, or significant possibility of harm or waterpollution. There will be sites where necessary intrusive investigations will be carriedout and the results evaluated in terms of risk criteria and models. Risk assessmentwill be made initially by use of the Contaminated Land Environmental Assessmentmodel (CLEA) with guidance from relevant CLR guidance. The Scotland andNorthern Ireland Forum for Environmental Research (SNIFFER) Methodology willalso be used where appropriate.Where in house investigations are carried out on Council owned land furtherinvestigations into the existence of significant pollutant linkages will be made. TheContaminated Land Section has used plant uptake data and dietary models andbioaccessibility of testing, particularly PBET methodology to carry out detailedquantitative risk assessment (DQRA) of sites, particularly allotments. Sites will notnormally be determined by exceedances of soil guideline values (sgv’s) and theCouncil will have regard to the DEFRAs CLAN 2/05.At the present time our policy towards redevelopment sites will normally be that sgvvalues or proven equivalent will be used as remediation targets. We will notnormally accept the use of bioaccessibility on such sites until this and other such riskassessment tools are formally accepted by the Environment Agency.Effectiveness of previous regimes in dealing with contaminationConsiderable tracts of former industrial land have been redeveloped throughout theCity during the last thirty years. A number of agencies have been involved in thisregeneration process – the City Council, Tyne & Wear County Council, EnglishPartnerships, Tyne and Wear Development Corporation. The standards ofremediation of some of these sites may not have been to levels currently expected.There is a lack of information on the remediation methods used on many of the sites.The method of identifying potential sites previously outlined will highlight previouslyregenerated areas where a sensitive receptor is now located on that site. The factthat the site has received some treatment will not preclude it’s further investigation.40

Identification of key geographic areas, specific pollutant linkages andindividual sitesKnown former industrial areas particularly the river frontages will form keygeographical areas of potential land contamination. However, it does not appearnecessary in Newcastle, to target these areas for specific investigations. Many ofthese sites have been redeveloped. The authority’s Newcastle Plan will encouragethe redevelopment of “brown field” land, and there is close liaison betweenDevelopment Control and Public Health to ensure that sites are properly investigatedand necessary remediation required.The strategy will identify individual sites on the basis of the methodology previouslyoutlined. The method is centred around concentration of resources on the locationof the most sensitive receptors and their coincidence with former industrial land. It isnot considered efficient use of the Authority’s resources to investigate formerindustrial sites where there may not be any receptor present.Identify Gaps in InformationThe City will constantly monitor and review the information data base it has both forthe location of potentially contaminated land areas, principally those occupied byformer industries, landfill sites etc., and for the location on sensitive receptors.Liaison with other Directorates of the City Council together with other agencies willbe maintained. Further investigations concerning the information sources previouslyoutlined will continue and the search for additional data will be maintained.6. Liaison and Communication StrategiesThe development and implementation of the contaminated land strategy has and willrequire partnership and co-operation within the City Council, other regulatoryand strategic authorities, business and voluntary bodies.6.1 Statutory ConsulteesThe statutory guidance requires the City Council to consult the Environment Agencyand other appropriate public authorities: statutory regeneration bodies, EnglishNature, English Heritage and the Ministry of Agriculture, Fisheries and Food.The following bodies were consulted at the time of the publication of the firstContaminated Land Inspection Strategy in June 2001:-The Environment AgencyEnglish NatureEnglish HeritageMinistry of Agriculture, Fisheries and FoodOne North EastNewcastle UniversityNewcastle and North Tyneside Health AuthorityThe strategy was agreed corporately by the City Council.41

6.2 Communication with Owners, Occupiers and Other Interested PartiesThe City Council will work in partnership with all interested stakeholders in thedevelopment and implementation of the Contaminated Land Inspection Strategy.Interested parties will be consulted regarding the contents of the strategy.Where individual sites are identified for site investigations all interested parties willbe consulted. The Authority already has considerable experience in drawingtogether stakeholder groups so that a common way forward forinvestigation/remediation can be agreed. These groups have varied from site to site,but have included representatives from:-The Environment Agency,Newcastle University,Newcastle and North Tyneside Health Authority,Byker City Farm,The Ouse Burn Partnership,Land Owners,Allotment Associations,Commercial Consultancies6.3 Communication Following Site Specific InvestigationsThe Authority will seek to work in close liaison with interested parties where a site isidentified for investigation. Interested parties may include:-Other Directorates within the City Council,Private Land Owners,Local Residents/Home Owners etc.The statutory guidance encourages voluntary action to be taken concerningnecessary remediation. In such cases where voluntary agreement is reached, aRemediation Notice will not be served. However, where voluntary agreement isreached and progress is unsatisfactory, the Authority will consider serving aRemediation Notice to ensure that satisfactory remedial measures are progressed.7. PROGRAMME FOR INSPECTIONThe criteria for selection for individual sites and the planned time table for this workhas already been previously outlined. The investigation procedure outlined in 7.1 isa broad guideline as to how sites will be investigated. The inspection procedures arenot rigid and may vary from site to site, depending upon local conditions e.g. thedegree of suspected ‘Harm’, the sensitivity of the receptor, the nature of thecontamination.7.1 Arrangements for Carrying out Detailed InspectionWhere a site is identified for further investigations the City will have due regard to therequirements of the statutory guidance 2/2000 B18-B25 and CLR 11. The aim ofinvestigation will be to establish the presence of a pollutant linkage i.e. contaminant42

– pathway – receptor. Only sites where there is a reasonable possibility of suchlinkage will be investigated.The investigation of sites will have regard to any statutory or non-statutory guidance,in particular BS10175:2001 ‘Investigation of Potentially Contaminated Sites – Codeof Practice’ and the Environment Agency publications ‘Technical Aspects of SiteInvestigation – Volumes I and II’, ‘Secondary Model Procedure for the Developmentof Appropriate Sampling Strategies for Land Contamination’. Each stage of theinspection will be followed by a review to ascertain whether further investigation isappropriate.43

Investigation ProcedureDetermine the objectives for the investigation -This will always be based around the establishmentof po llutio n linkageEstablishment of Investigation Strategy.This will always be based around a conceptionalmodel o f the site a nd seek to ide ntify polluta ntpathways and exposure criteria.Preliminary InvestigationInves tigation to i nclude - D esk Top Stud y, Site‘Walk-over’, further identifcation of possiblecontaminant - pathway - receptor linkage.Review of Objectives.Any further date required to meet objectives?YESNOIntrusive InvestigationDesign a sampling programme forthe site. This may take the fo rm o fa limited sampling programme, orrequire a more in-depth study, forexample where bore holeinvestigation, ground watersampling, etc. Consideration willbe given to the appointment ofcons ulta nts to carry out the work.Proceed withriskassessmentIssue report concerning the site.44

The risk assessment will usually be based on one or more of the models set outpreviously in 5.5.In many cases the site investigation will be carried out internally, except in thosesituations where ground water of landfill gas is identified in the conceptual sitemodelling and where beep boreholes are required to characterise the site.Site Specific LiaisonLiaison with interested parties will be carried out where necessary at all stages of theinvestigation. Interested parties will include – Appropriate Persons, site owners,relevant City Council Directorates, the Environment Agency, The Health ProtectionAgency, Newcastle and North Tyneside Primary Care Trust, The Food StandardsAgency etc.Health and Safety ProceduresInvestigations will be carried out with due regard for personnel and environmentalprotection. Health and Safety implications of each specific site will be consideredbefore investigations of each site commence and will be reviewed during theinspection procedure. Where a site poses special health and safety considerations,liaison with the authority’s Safety Officers will be established. It is not envisaged theinspection of sites by the City Council Officers will involve the use of boreholeinvestigations and will not generally take place where highly toxic conditions mayexist; such investigations would normally be carried out by external consultantswhose own safety procedures which must be fully compliant, will be in place.Potential Special SitesWhere it is considered that a site may be designated a Special Site, as detailed inthe Contaminated Land (England) Regulations 2000, liaison will be established withthe Environment Agency at an early stage of the site investigation, the aim being thatpartnership working can be established.Arrangements for the appointment of External ConsultantsWhere it is considered that site investigation and risk assessment cannot be feasiblycarried out by City Council Officers, the Authority will consider the appointment ofexternal consultants. The Authority has used consultants for various siteinvestigations, often funded through DEFRAs Contaminated Land Capital Projectsprogram. The appointment of consultants will be through the Council’s competitivetendering process and consultants with proven experience and competence will beappointed. Appointment will be dependant upon competency as well as price.The Council has used the services of Newcastle University and The HealthProtection Agency for advice regarding site risk assessment potential health risks. Itis envisaged that these close links will continue and develop.Risk CommunicationWhere potential sites are identified under the inspection protocols, carefulconsideration will be given to risk communication. The City Council will take account45

of advice given in “Communicating Understanding of Contaminated Land Risks”published by the Scotland and Northern Ireland Forum for Environmental Research(SNIFFER).Advice on Risk Communication will be taken from the Authority Press Officers andThe Health Protection Agency, with whom a good working relationship has alreadybeen established in this regard. The aim of “Risk Communication” will be to giveobjective and realistic information concerning a site and avoid unnecessary concernand potential media “scare stories”.Format of information resulting from inspectionsA report covering individual stages of site investigation will be produced for eachinvestigation. The report will follow the “Investigation Procedure” as previouslydetailed.8. REVIEW MECHANISMSThe strategy will be kept under review. Events occurring within the inspection timeframe may require a re-examination of the strategies priorities or the re-examinationof previously unidentified or inspected sites.8.1 Triggers for undertaking further investigations at sitesExamples of events which may occur to activate investigations outside the plannedtime frame may include:(a)(b)(c)(d)Unforeseen events – e.g. the inadvertent contamination of potentially sensitivesites.Introduction of New Receptors – e.g. where the land use changes on acontaminated site, or the development of a play area on a site where potentialcontamination is suspected.New information relating to sites – where the on-going search for newinformation uncovers details of potential contamination it may be necessary toback-track to a site or area previously considered to be satisfactory.Changes in City Council Policy – it may be necessary to work outside theinspection strategy where the City seeks to develop a particular area for amore sensitive useChanges in land use through the planning system will identify many of the above. Itis envisaged that such work will run alongside the Inspection Strategy and will bedealt with through formal consultation between the Planning and Transportation andPublic Health and Environmental Protection Divisions of the City Council.8.2 Review of the Strategy Document46

The strategy proposes a yearly period for the inspection process, detailed in 4.1. Itis intended that the strategy should be reviewed following each of the plannedinvestigations i.e. Allotments, Children’s Play Areas, etc. These will be followed by amajor review at the end of the five year inspection period.9. INFORMATION MANAGEMENT9.1 General PrinciplesThe City will hold information relating to land contamination on acomputerised database linked to an ArcView geographical information system. Apaper based system has also been developed for the inspection details relating toeach site investigated. Information concerning sites already investigated, andconsultancy reports relating to planning applications are stored within the PublicHealth and Environmental Protection Division.9.2 The Public RegisterThe City Council is required to maintain a Register of Contaminated Land. TheRegister will be paper based and available for inspection on request during officehours, Monday to Friday.The Register will contain details of land which has been declared as “ContaminatedLand”. The Contaminated Land (England) Regulations 2000, state the information tobe provided on the register, which includes:-(a)Site InformationLocation, area, reason why the land has been designated “contaminated land”;substances by reason of which the land is contaminated; current land use.(b)Remediation InformationPerson on whom the remediation notice has been served, time allowed forremediation activities required.(c)(d)(e)(f)Remediation declarations, remediation statements and notifications of claimedremediation.Designation of sites as “special sites”.Details of appeals lodged against remediation and charging notices.Convictions.The public register does not contain details of historic sites where contamination mayexist but through either lack of a pathway or a receptor is not “Contaminated Land”.9.3 Administration47

The information system will be managed by staff in Public Health and EnvironmentalProtection Division of the Regeneration Directorate of the City Council.9.4 Use of Information by Other City Council Divisions/DirectoratesThe information held by The Public Health and Environmental Protection Division willbe available for the use of other City Council Directorates in most circumstances,however, charges may be made for use, depending upon circumstances.9.5 Confidentiality of InformationThe City Council is aware of its duties under The Environmental InformationRegulations 2000, the Freedom of Information Act 2004 and The Data Protection Act1998.Particular care will be taken to ensure that information provided is accurate andcorrect so as to avoid “blighting” land.9.6 Dealing with requests for informationThe City receives many requests for information concerning land, in most casesinformation can be provided giving basic details regarding its history, geology,complaints received concerning the land, local knowledge that might be held etc. Acharge will be made for the provision of information.9.7 Provisions of Information to the Environment AgencyThe Secretary of State requires that from time to time, or when requested, theEnvironment Agency must prepare a report on the state of contaminated land. TheAgency has developed an annual report record which when completed will provideformal details of the progress of the Inspection Strategy. In addition to the formalreturn of information, the City Council will maintain close contact and liaison withAgency staff during site investigations.48

REFERENCES1. Newcastle upon Tyne Unitary Development Plan2. The Sustainability Charter for Newcastle upon Tyne.3. Communicating Understanding of Contaminated Land Risks,SNIFFER (2000)4. Industrial Archaeology Tyne and Wear. Ian Ayris and Stafford M. LindseyISBN. 1 85795 0267.5. Policy and Practice for the Protection of GroundwaterGroundwater Vulnerability. 1:100,000 Map Series. Tyne & Tees.6. Framework for Deriving Numeric Targets to Minimise the Adverse HumanHealth Effects of Long-term Exposure to Contaminated soils. SNIFFER.7. Biodiversity Action Plan. Newcastle City CouncilLEGISLATION AND GUIDANCE1. The Environmental Protection Act 1990 – Part IIA.2. S1 2000/227 Environmental Protection, England, The Contaminated Land(England) Regs. 2000, HMSO (2000).3. DETR. Circular 02/2000, Environmental Protection Act 2990: Part IIAContaminated Land HMSO (2000).4. Contaminated Land Inspection Strategies, Technical Advice for LocalAuthorities, DETR (Draft for comment April 2000)5. CLR 7. Assessment of Risks to Human Health from Land Contamination: Anoverview of the development of guideline values and related research. 20026. CLR 8. Priority Contaminates Report 20027. CLR 9. Contaminates in Soil: Collation of Toxicological Data and IntakeValues for Humans. 20028. CLR 10. The Contaminated Land Exposure Assessment Model (CLEA):Technical Basis and Algorithms. 2002.9. CLR 11. Model Procedures for the Management of Land Contamination.Consultees (2001)1. The Environment AgencyThe Area Contaminated Land Officer,49

Environment Agency,Tyneside House,Skinnerburn Road,Newcastle Business Park,Newcastle upon Tyne,NE4 7AR2. English NatureNorthumbria Team,Stocksfield Hall,Stocksfield,Northumbria, NE43 7TN3. English HeritageNorth East Region,Bessie Surtees House,41-44 Sandhill,Newcastle upon Tyne, NE1 3JF4. The Food Standards AgencyPO Box 31037,Room 238,Ergell House,Smith Square,London, SW1P 3WG5. Ministry of Agriculture, Fisheries and FoodRoom 142,Nobel House,17 Smith Street,London, SW1P 3JROther non-statutory Consultees:-1. Newcastle and North Tyneside Health AuthorityActing Director of Public Health,Newcastle General Hospital,West Road,Newcastle upon Tyne, NE4 6BE2. Newcastle UniversityDept. of Epidemiology and Public Health,School of Health Science,Medical School,University of Newcastle.Newcastle upon Tyne, NE2 4HH50

3. One North EastGreat North House,Sandyford Road,Newcastle upon Tyne,NE1 8ND51