Contaminated Land

What Is Land Contamination?

Similar to many other countries, the United Kingdom has a legacy of land contamination arising from human activities. The vast majority of land contamination is a result of the industrial revolution, however contamination still exists from Roman times and "spoil" from Roman lead and silver mines is visible in many parts of North Wales.

Contamination can take a variety of forms for example chemicals in soil which may in turn affect plants grown on the land and releases to water which may make the water unsuitable for drinking.

Contaminated Land is defined (under Part IIA of the Environmental Protection Act 1990 Section 78A(2)) as

"any land which appears to the local authority in whose area it is situated to be in such a condition, by reason of substances in, on or under the land, that
a) significant harm is being caused or there is a significant possibility of such harm being caused; or
b) pollution of controlled waters is being, or is likely to be, caused."

The Contaminated Land (Wales) Regulations, 2001, under Part IIA, set out a new regime to deal with contaminated land and will be enforced by the Public Protection Department in Wrexham. The main purpose is to provide an improved system for the identification and remediation of sites where contamination is causing unacceptable risk to human health and/or the wider environment.

Risk Assessment

Under Part IIA, contaminated land will be identified using the '(contaminant) source - pathway - receptor' risk assessment concept. To determine the existence of a risk a clear relationship between the source, pathway and receptor must be demonstrated.

For example:

• If chemicals (source) were present underneath a concrete car park, people (receptor) who use the car park would not be at risk from the chemicals because the concrete would act as a protective barrier. Effectively a pathway would not exist.

• However, if chemicals (source) were present in soil which was used to grow vegetables, people (receptor) who ate the vegetables may be at risk because the vegetables (pathway) may be contaminated. The vegetables act as a pathway transferring contamination from the source to the receptor.

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Suitable For Use

Much land contamination has been present for long time periods and it does not pose a risk to humans or the environment. It is therefore not always necessary to remediate land contamination. In fact land contamination only creates a problem when: the land is used for an unsuitable purpose; and where contamination is migrating and significantly affecting controlled waters or adjacent land and/or receptors such as people and animals.

Paying For Our Past

The Regulations place a duty on all local authorities to inspect land in their area to identify and remediate sites where contamination is causing unacceptable risks to human health and/or the wider environment using the risk assessment approach.

Wrexham CBC has formally adopted its Inspection Strategy. The Strategy details the procedures and framework which will be followed in order to identify Contaminated Land sites in order of priority, and ensure they are remediated to an acceptable standard.

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Remediation

Responsibility for paying for remediation generally follows the 'polluter pays' principle. In the first instance, those who caused or knowingly permitted the contaminating substance(s) to be in, on or under the land will be the 'appropriate person(s)' to undertake the remediation and meet its costs (Class A person(s)).

However, if it is not possible to find any such person, responsibility will usually pass to the current owner or occupier of the land (Class B person(s)), but this responsibility is subject to a number of exemptions. Where a Class B person(s) is exempt the site will become an Orphan Site and the associated costs will be borne by Wrexham CBC or the Environment Agency Wales (depending on the type of pollutant linkage that exists).

The Public Register

Wrexham CBC will maintain a Register, which will be available for inspection by the public at the Public Protection Department, containing details of sites designated as Contaminated Land, Remediation Notices and Statements.

Contaminated Land Strategy

A copy of the Strategy can be downloaded by clicking here:

Contaminated Land Strategy - PDF version 1Mb 

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Guidance on the Development of Sites with Potential Land Contamination

This document has been prepared by Wrexham County Borough Council to provide information which may assist in the preparation of planning applications and/or building regulations applications concerning the development of potentially contaminated land.

Land can be affected by contamination in the form of chemicals or gases in the soil and/or water, buildings, or other material on a site. Such sites are likely to be brownfield sites i.e. those which have been previously developed, often for commercial or industrial use.

As a result of the requirements to develop brownfield sites it is possible that some developments will take place on potentially contaminated sites. It is essential to ensure that potential contamination is adequately dealt with upon a change of land use, thereby ensuring the land is made suitable for its new use and presents no danger to the health and safety of people who come into contact with it. In some cases certain types of development (which are likely to be the most sensitive types e.g. housing) may not be suitable for sites with a certain type of contamination. In such cases the site may be better developed for another type of use, e.g. commercial or industrial. It is hoped that this leaflet, together with the Local Planning Guidance Note No 22 – Development of Sites with Land Contamination will go some way to ensuring that developed land remains safe.

This document highlights the type and extent of investigations that need to be undertaken to ensure Wrexham County Borough Council fulfils its statutory obligations under planning, building and environmental health legislation. In addition, this leaflet briefly explains the ‘link’ between the planning regime and the new contaminated land regime under Part IIA of the Environmental Protection Act, 1990 and Contaminated Land (Wales) Regulations, 2001.

Guidance on the Development of Sites with Potential Land Contamination

A copy of the document can be downloaded in the following formats:

Guidance on the Development of Sites with Potential Land Contamination - MS Word version 102Kb

Guidance on the Development of Sites with Potential Land Contamination - PDF version 197Kb 

Guidance on the Development of Sites with Potential Land Contamination - Plain Text version 445Kb

Further Information:

Address:
Environmental Protection Section,
Public Protection Department,
Wrexham County Borough Council,
Crown Buildings,
Chester Street,
LL13 8ZE.

Tel: 01978 297028
Fax: 01978 297003
Email: environmental@wrexham.gov.uk

Complete the online general enquiry form