South Derbyshire District Council - Contaminated land

For many years, government has recognised the need to reclaim and develop areas of land, which is a legacy of our industrial past. This page contains guidance for developers.

When would the council put a planning condition on a site?

We may attach a condition where a site has a known history of potentially contaminative uses, or where the site history is unknown but contamination is suspected.

How can I find out if the land is potentially contaminated?

You can write and request a site search by our environmental health department. We will charge a standard fee for this service. However, if the search provides no further information you should not take it to mean that the site is free from contamination.

Other sources of information include the library service, county archives and the internet. However, we recommend that you employ a consultant to carry out a desktop study of the site and provide expert advice.

You should also note that there was no legal requirement to keep records of fill materials until 1974, so it is possible that no indication of fill materials can be given.

Will the council recommend a consultant?

No. However, you can refer to the Yellow Pages and professional institutions for advice.

I have looked at various websites for a site report and don't know which to go for?

There are different formats of reports out there that are designed for different purposes of site/property checks that you can buy that appear to be ok ut in fact do not fulfill the needs of the planning conditions relating to land contamination.

'Off the shelf' reports such as Sitecheck Reports and similar, such as Homecheck and Groundsure Residential Searches, do not satisfy the needs of CLR 11, Model Procedures for the Management of Land Contamination for the production of a Phase I Report. They do not include key areas of work needed. These are conveyancing reports for purchasing property and are not designed for use as part of the process of developing a site under the needs of PPS23 and therefore will result in your time and money being wasted.

The use of such reports will be dismissed by the LPA as being unsuitable and will not allow discharge of land contamination conditions without further works being undertaken. To fulfill these your planning conditions relating to land contamination will need the assistance of a land contamination consultant to compile a report on your behalf that will navigate you through the development process and address any risks or problems at, or around, the site that may affect the development or site users in the future.

If you are in any doubt or are unsure about the work needed please ask the LPA what is needed before purchasing your report.

What will happen if I do not submit a desk study with my planning application?

If you do not submit a detailed desk study with your planning application and your planning consent is granted, it is likely that a planning condition will be attached requiring you to submit these details before you commence development of the site.

The condition will not be discharged until the planning department is satisfied with the information provided. In certain circumstances we may be unable to grant planning permission until a satisfactory site investigation has been carried out.

With whom will the planning department consult when I submit my planning application?

The planning department will consult various statutory bodies including the Environment Agency (EA) and other council departments, including the environmental health department.

Other consultees may include Natural England (formerly English Nature), English Heritage and the Sites and Monuments Record (SMR) at Derbyshire County Council in accordance with Planning Policy Guidance 16 (PPG 16) Archaeology and Planning, to protect the historic environment.

They may also refer to PPG 9 - Nature Conservation and PPG 15 - Planning and Historic Environment.

When does the Environment Agency get involved in the planning process in relation to contaminated land?

The planning department will consult the Environment Agency on matters for which the agency has a regulatory responsibility, such as:

Where pollution of surface or groundwater is involved.
Where the water environment is at risk of pollution.
Where an application is within a flood plain area.
Where the development is on a closed landfill or within 250 metres of a closed or active landfill.

I have some land to develop, but I am unsure of its history. Does that mean it is clean?

Just because a field looks green and lush it does not mean that there is no contamination at the site. It is always advisable that checks are made to ensure the state of the land.

You should also note that when property is built, a receptor is added to the site, which means that it becomes more important to ensure the land is free from contamination.

What if I decide not to do a site survey or remediate a site sufficiently as a part of a planning permission?

It is the developer’s responsibility to ensure the land is suitable for its proposed use. If land is found to be contaminated after development, We have powers under the Contaminated Land (England) Regulations 2000 to take action and investigate the land.

If the site is now inhabited it may mean severe disruption to the current occupiers. There is also the possibility that legal action may be taken to ensure that land is sufficiently remediated and that costs may also be recovered from the landowner whether they do the works or not.

Is planning the only way that a contaminated site will be dealt with?

No, the planning process is currently the way most developers become aware of any potential issues. The development stage is usually the best time to investigate a site as it is usually clear from buildings and inhabitants.

The alternative is the use of the Contaminated Land (England) Regulations 2000 as outlined above; this would then result in a legal requirement to carry out such works.

Will the council decide on the action to be taken at a site?

No, it is the developer’s responsibility to ensure that the site is suitable for its proposed use. The scope of any site survey and the nature of any remediation is their decision.

We will review and comment on any report submitted to them, but will not sign off or take any responsibility for final remediation.

A site assessment was carried out in the past, can I still use this?

Yes, but you should note that there have been recent changes in guidance and the standards applied to the levels of contaminants in soil, and we advise you to consider the most recent guideline values.

The assessment may be used as supporting information but we strongly advise you to undertake a new assessment using the current guidance.

What is expected from a site investigation?

We have issued a set of minimum requirements for submission of desk studies and any subsequent site investigations, remediation method statements and verification reports.

These are stated in the document 'Developing land in South Derbyshire - Guidance on submitting planning applications for land that may be contaminated', which is available to view here or can be downloaded as a PDF at the bottom of this page under 'Related documents'. The point of a desk study is to identify the potential source(s) of contamination.

What are soil guideline values (SGVs)?

Soil guideline values mark the concentration of a substance in soil at, or below which human exposure can be considered to represent an acceptable level of risk. SGVs replace previously used ICRCL 'trigger values'.

SGVs are generic assessment criteria for certain standard land uses and include a number of precautionary assumptions such as the site conditions and exposure scenarios.

Levels above an SGV could indicate that a site specific risk assessment should be undertaken, or that remedial action is needed. This is at our discretion. We expect that all site investigations, remediation and validation reports will take account of the currently published SGVs in assessing soil contaminant levels as part of the overall risk assessment.

Derbyshire Contaminated Land Working Group - validation / verification booklet

The booklet is available as a PDF at the foot of this page. It gives guidance relating to the verification and validation of remedial works undertaken on development sites to allow the discharge of some planning conditions.

Contaminated land - guide for developers