Contaminated land strategy
Progress to date and future actions
The Government has identified that to implement this highly complex and demanding piece of legislation will involve local authorities in considerable expenditure. Yet there is currently no Defra Contaminated Land Capital Projects Programme available to assist local authorities in fulfilling their responsibilities under Part 2A, such as funding the costs of site investigations, detailed risk assessments and in certain cases remediation. Also, there is currently no internal Council budget, to undertake or oversee detailed site investigations, risk assessments or where it becomes necessary remediation.
Prior to 2012, the generation of a prioritisation list of potentially contaminated sites within the Borough, pursuant to Appendix 4 of this and the original 2001 Strategy had been completed. There had also some proactive consideration of sites within that list.
Despite the above it is important to recognise that over the past 10-15 years progress has been made in the voluntary remediation of land adversely impacted by contamination as a direct consequence of the:
- Planning Regime – National Planning Policy Framework 2024 (and early versions), which identifies a clear relationship between the remediation of contaminated land for redevelopment and the Contaminated Land Regime.
- The Contaminated Land Regime - Part 2A of the EPA 1990 and associated Regulations and Guidance, which have provided clarity for local authorities and owners of land that is potentially contaminated regarding liability, risk assessment and remediation expectations.
| Duty | Year |
|---|---|
| Production and publication of statutory contaminated land strategy | 2001, 2004, 2012 & 2025 |
| Periodic Review of the statutory contaminated land strategy | 2029 (unless earlier change to Statutory Guidance) |
| Identification of potentially contaminated sites and prioritisation for further investigation | 2001 – 2012 completed (but kept under review and updated as and when new information becomes available) |
| Detailed inspection and assessment of potentially contaminated sites | On hold pending funding * (Unless site specific evidence is presented that warrants an internally funded inspection by the Council) |
* it also needs to be recognised that numerous sites on the prioritisation list will be voluntarily investigated and remediated via the planning regime and that this route is recognised and positively encouraged by the 2012 Revised Contaminated Land Statutory Guidance