Know About The SEPP 55 Contamination Assessment Process

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.