If you are about to buy, sell, or refinance a property or apply for planning permission, you will need to know if your land is contaminated. The first stage in the process is making a site search. The site search is completed during the due diligence process, which is usually undertaken by a solicitor or conveyancer, who will check the details against a database. The search will list all recorded uses of the site and neighboring areas.
Check with the Local Authority and Environment Agency.
As
the statutory regulators of contaminated land issues, the Local Authority and Environmental
Agency's views on the site are the most important. They can determine
whether the property is acceptable or needs further assessment. If the Local
Authority has no concerns over contamination of your land, you need not take
further action.
If
there are concerns with the site, the Local Authority can guide you on what to
do next. For example, suppose the land is contaminated to the extent that it
may be affecting groundwater or surface water. In that case, the Environment
Agency are contacted as they regulate the water environment, and they will also
provide guidance.
Risk Assessment
If
the regulators cannot discount the contamination issues, the next step is to
conduct a risk assessment under the Environmental Protection Act 1990. This
step must be completed using a qualified contaminated land consultant or
practitioner. The risk assessment process is divided into three phases.
In
Phase 1, your consultant will interpret the information obtained from the site
searches and other publicly available information, such as geological and
hydrological maps. They will also conduct a site walkover to gain an
on-the-ground understanding of the area.
Physical sampling
SEPP 55 Contamination Assessment involves the physical sampling of the soil to
confirm the level of contaminants. These results are compared against UK soil
and groundwater thresholds (Generic Assessment Criteria or GAC) to determine if
the land is contaminated and the extent to which it poses a risk. If the site
is contaminated, remediation is needed.
Level of contaminants
Phase
2 assessment involves the soil's physical sampling to confirm the contaminant
level. These results are compared against UK soil and groundwater thresholds to
determine if the land is contaminated and the extent to which it poses a risk.
If the site is contaminated, remediation will be needed. It is Phase 3.
Check contamination to soil or groundwater.
Your
consultant will agree to a Phase 3 remediation scheme with the Local Authority
and can oversee and report on the scheme's progress. They can also manage the
whole process on your behalf. The assessment ensures planning decisions take
into account possible land contamination.
The
inspection looks for evidence of current or past activities on the property
that may have caused soil or groundwater contamination. It includes aerial
photo interpretation and thorough ground inspection. The assessments involve
much more detailed assessment and analysis to determine the extent and nature
of contamination.
