Contaminated Land in Essex: Rapid Reporting

Essex Council’s approach to contaminated land: a developer’s guide

Essex County Council, working with the district and borough councils, is committed to managing contaminated land to ensure safe and sustainable development across the county. Recognising the importance of reusing previously developed land, the council has established policies and guidance to assist developers in addressing land contamination issues effectively.

Understanding contaminated land in Essex

Contaminated land refers to areas where substances such as heavy metals, oils, tars, chemical solvents, gases, asbestos, or radioactive materials are present at levels that could pose risks of significant harm to human and environmental health and controlled waters. In Essex, historical industrial activities and pollution incidents have contributed to land contamination, including:

• Cement manufacturing: Areas like Grays Thurrock were sites of cement production, leading to potential contamination from industrial processes.
• Landfills and waste disposal: Former landfill sites, especially those that accepted waste from London and the southeast, may have residual contamination.
• Chemical and petrochemical industries: Sites previously used for chemical manufacturing or storage of petroleum products may have soil and groundwater contamination.
• Agricultural activities: Intensive farming practices, particularly in northern Essex, have led to a significant possibility of pesticide and fertiliser residues in the soil.

Council policy and legal obligations

The County Council, along with Essex local authorities, adheres to the legal framework established by Part iia of the Environmental Protection Act 1990. This legislation mandates local authorities to identify and remediate contaminated land to protect human health and the environment.

Responsibility for the safe redevelopment of contaminated land is placed on developers or landowners in Paragraph 197 of the National Planning Policy Framework.

To provide consistent guidance, the Essex Contaminated Land Consortium, comprising representatives from all Essex authorities and the Environment Agency, has produced the `Land Affected by Contamination – Technical Guidance for Applicants and Developers’ document. This informative guide provides all the information required to assess and manage contaminated land during the planning process and development.

Promoting brownfield redevelopment

Essex local authorities encourage the redevelopment of brownfield (previously developed) land that may be contaminated: this reduces the need to build on greenfield land and creates development in sustainable areas. For instance, Rochford District Council’s Core Strategy states that the presence of contaminated land on a site will not, in itself, be a reason to resist its development, provided that thorough investigation and remediation are undertaken.

Steps for developing contaminated land in Essex

If there is potential concern over a site that you’re considering developing in Essex, follow these steps:

• Pre-application consultation: Early engagement with the local planning authority is advised to discuss potential contamination issues and the required assessments.​ ​A contaminated land risk assessment is generally needed before a planning application will be considered.
• Preliminary Risk Assessment: This involves a desk study and site walkover to identify potential contamination sources and pathways. Geo-environmental consultants carry out this environmental search according to the Environment Agency’s Land Contamination Risk Management guidelines.
• Site investigation: If the preliminary risk assessment indicates that a site merits detailed individual inspection and further information gathering, soil and groundwater sampling will be needed to assess contamination levels.
• Remediation strategy: Develop a comprehensive plan to remediate identified contaminants, ensuring the site is safe for its planned land use in line with the Environmental Protection Act part iia.
• Validation and reporting: Following remediation, provide sufficient information to the relevant local planning authority to demonstrate that the site meets all safety and environmental standards.

The goal of sustainable urban regeneration

The Essex Contaminated Land Consortium document aims to ensure consistency when it comes to dealing with contaminated land in the county. It underlines the importance of ensuring that development of contaminated land pays due regard to environmental health and controlled waters.

Essex County Council’s proactive approach to managing contaminated land ensures that development within the county is both safe and sustainable. Urban regeneration is an important strategy for the council: a key part of this is collaboration with developers and consultants. When successful, the results can transform historically contaminated land into valuable space.

Arbtech’s experienced geo-environmental consultants can help you assess how land with contamination issues should best be dealt with. For further information, fill in our quick quote form at the top of this page.