1. A Guide to Help Developers Meet Planning Requirements.

This guidance, developed by the Essex Contaminated Land Consortium, is primarily for property owners, developers, architects and surveyors who want to know what information they should submit to the Planning Department when they want to apply to re-develop, or significantly change the use of a piece of land, which could potentially be contaminated.

Contamination, in most cases, is likely to arise from a previous use of the site, or an adjacent site, that had an industrial activity on it at one time or another. The requirements for cleaning up land under the planning process are not the same as cleaning up land under Part IIA of the Environment Protection Act 1990, and this guidance does not cover the latter - although the information that we would request is very similar. For details on Part IIA please contact Environmental Services (details given at the bottom of this page).

This document is only guidance. We are aware that the contents of any site report will vary due to site-specific issues, e.g. the past use of the site, the nature and extent of the contamination and the proposed end use of the site. Developers are recommended to seek the advice of an Environmental Consultant and the Council if it is suspected that contamination may exist.

Land Affected by Contamination - Technical guide for Applicants and Developers (2nd Edition) may be downloaded from here: Land Affected by Contamination (pdf document)

2. Inspection Strategy for Contaminated Land

The regime for the regulation of contaminated land is described in Part IIA of the Environmental Protection Act 1990 introduced by Section 57 of the Environment Act 1995, and qualified by the associated Statutory Guidance and various special regulations.

It is intended for the regulation of contamination of land in its current state, and the elimination of significant harm or the possibility of such harm as defined in a new definition of 'contaminated land' which follows a risk-based approach employing a simple model of source/contamination - pathway - receptor/target.

There must be demonstrated the presence of a pathway to enable the contamination to cause harm to the target, which may be human health, the ecology, buildings, animals and crops, or the pollution of controlled waters.

Environmental Services has some information on sites of potential concern gathered from old editions of ordinance survey maps. Landfill is indicated, for instance, where gravel pits shown on old maps now no longer exist. The maps also show information relating to many old polluting processes some of which may have caused contamination to their sites such as former gas works. This information does not, however, provide a complete record.

All local authorities are required to inspect their area "from time to time" for the purpose of identifying contaminated land. Tendring District Council adopted a strategy in 2000 setting out how land, which merits detailed individual inspection, will be identified and prioritised for investigation. Contaminated Land Strategy (pdf document)

There are four possible grounds for determining land contaminated:

• significant harm is being caused
• there is a significant possibility of significant harm being caused
• pollution of controlled water is being caused
• pollution of controlled waters is likely to be caused

Information relating to regulatory action and remediation, if any, will be stored on a public register. If the site is to be developed, remediation will usually be achieved through the planning process otherwise the Council must try to trace the original polluter who is then liable.

If you buy a new house, your solicitor will be responsible for conducting an environmental search of our records but there is only a very remote chance that this will raise any issues. The Council holds records of sites of potential concern where land has a history of potential contamination within the district. There is a charge for making a request for this information. Please contact Environmental Services for further information on the current charge.

Contact Details:

Email: environmental.services@tendringdc.gov.uk
Address: Environmental Services, Council Offices, Weeley, Clacton-on-Sea, Essex CO16 9AJ
Telephone: (01255) 686767

Some advice will vary from authority to authority so, if you do not live in the Tendring district, it is advisable to contact your own local authority. To find out who your local authority is, you can check your Council Tax bill or enter your postcode on the DirectGov - the Government information website http://www.direct.gov.uk/

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