Contaminated Land in Hertfordshire: Fast Risk Assessments

Assess contaminated land in Hertfordshire: navigate planning requirements

The county has a history of industrial processes such as chemical manufacturing, petroleum product storage and landfill. These, along with intensive farming practices, have left residual land contamination from heavy metals, oils, tars, chemical solvents, gases, asbestos, or radioactive materials which may create the possibility of significant harm to human health.

Hertfordshire’s geology is made up of clay, chalk and gravel, which are all affected differently by contaminants. While Hertfordshire County Council oversees strategic planning matters, including minerals and waste planning, local councils are responsible for identifying contaminated land to protect human and environmental health. By ensuring there is no significant possibility of land contamination causing problems, development can proceed.

Contaminated land: the legal implications

Hertfordshire’s local authorities are bound by Part iia of the Environmental Protection Act 1990 which mandates all local authorities to identify and remediate contaminated land to protect human health and the environment.

Paragraph 197 of the National Planning Policy Framework places responsibility for the remediation of contaminated land on developers or the current landowner. Dealing with contaminated land correctly at an early stage will remove the threat of regulatory action or a remediation notice being served in the future.

Hertfordshire’s contaminated land strategy

To provide further information to developers, the Hertfordshire and Bedfordshire Contaminated Land Forum, comprising representatives from all Hertfordshire authorities and the Environment Agency, created a guidance document titled:  `Development on Potentially Contaminated Land.’ This contaminated land strategy explains the best practices for assessing and managing land which poses significant pollution risks. A contaminated land register is also maintained by the council.   

Brownfield land

Contaminated land is also known as `brownfield’, or previously developed land. According to Hertfordshire’s development plan, “Development affecting contaminated land will be permitted provided that the site is suitable for its intended use.” This underlines the council’s aims of regenerating formerly developed or brownfield land to preserve green fields.

The process for developing contaminated land in Hertfordshire:

A contaminated land assessment will probably be needed. Here are the steps to follow:

• Pre-application consultation: Early engagement with the local planning authority will allow you to ask specific questions and receive information about the assessments needed. The council has guidance documents on how to approach development on potentially contaminated land sites.
• Preliminary Risk Assessment (PRA): Comprising a desk study and site walkover, a PRA is carried out by geo-environmental consultants according to the Environment Agency’s Land Contamination Risk Management conditions. The PRA will take into account previous industrial processes at the site and any pollution incidents, and will indicate the requirement for further investigation if necessary.
• Site investigation: If the Preliminary Risk Assessment flags up the requirement for further investigation of specific issues, these will typically involve soil and groundwater sampling. All land within the site boundary will be examined.
• Contaminated land remediation strategy: According to the contamination present, geo-environmental consultants will draw up a plan to ensure that the problem is dealt with correctly and that human and environmental health are safeguarded.
• Validation and reporting: When remediation works are completed, the local planning authority must be provided with a plan confirming that the site complies with environmental regulations.

Geo-environmental consultants

Their work involves assessing potentially contaminated land sites according to Environment Agency guidelines. After conducting desk studies and site investigations, geo-environmental consultants can devise a contaminated land strategy involving remediation work to remove or mitigate for contamination.

Dealing with land contamination correctly enables sustainable development

In accordance with Part iia of the Environmental Protection Act, Hertfordshire has an established strategy for managing and developing contaminated land. It is committed to overseeing the safe redevelopment of polluted sites to create new opportunities within the county.

Contaminated land in Hertfordshire can be viewed on a public register. For further information or to discuss a specific site, contact the Environmental Health team of the relevant local authority, or refer to the Hertfordshire and Bedfordshire Contaminated Land Forum’s guidance document.

To get in touch with an experienced geo-environmental consultant who can cover Hertfordshire, contact the team at Arbtech. Simply fill in our quick quote form at the top of this page.