Contaminated Land in Kent: Request a Risk Assessment

How to approach contaminated land in Kent: support with planning applications

While strategic planning matters such as minerals and waste planning are overseen by Kent County Council, responsibility for identifying and remediating contaminated land primarily rests with the county’s district and borough councils. These local authorities work collaboratively to manage contaminated land, ensuring safe and sustainable development across the county.

To provide consistent guidance, the Kent and Medway Contaminated Land Liaison Group, comprising representatives from all Kent authorities and the Environment Agency, has produced a guidance document titled: ‘Development on Potentially Contaminated Land’. This outlines best practices for assessing and managing land contamination during a development to make a site suitable for a new use.

Land contamination in Kent: key facts

The phrase `contaminated land’ means land affected by substances including chemicals, oils, heavy metals, gases, tars, asbestos, or radioactive materials. These substances can cause significant contamination, posing risks to human health, controlled waters or the wider environment. A professional risk assessment will clarify the best strategy for dealing with contamination; it will take into account Kent’s diverse geology that includes chalk, clay, and gravel, which can influence the way that contaminants travel in the environment.

Historical industrial activities in Kent have contributed to land contamination, including:

• Cement manufacturing: The cement industry, particularly in areas like Swanscombe and Cliffe, has left behind quarries and industrial sites that may be contaminated.
• Explosives industry: Faversham was known for its explosives manufacturing, which could have resulted in soil and groundwater contamination.
• Landfills and waste disposal: Sites that were historically used for waste disposal may contain various contaminants.

Contaminated land: the legalities

Kent’s local authorities are governed by the legal framework established in 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.

Additionally, Paragraph 197 of the National Planning Policy Framework places responsibility for the safe redevelopment of contaminated land on developers or landowners.

Kent’s contaminated land strategy

The county’s local authorities are in favour of developing brownfield sites – previously developed areas. This strategy combines development in urban areas where it is needed, with environmental protections. The councils’ development plan policies state: “Development affecting contaminated land will be permitted provided that the site is suitable for its intended use.”

The process for developing contaminated sites in Kent

The councils’ guidance documents provide detailed information on the following steps and should be consulted early in the development process.

• Pre-application consultation: Discuss potential contamination issues at an early stage with the local planning department.​ ​ This will clarify the reports that will be needed: a contaminated land risk assessment will usually be required prior to consideration of a planning application.
• Preliminary Risk Assessment: Involving a desk study and site walkover, the aim is to identify potential contamination. This stage must be carried out by a geo-environmental consultant working to the Environment Agency’s Land Contamination Risk Management guidelines. Consultants will carry out environmental searches, consider a site’s previous industrial uses, any pollution incidents and sources of potential contaminants.
• Site investigation: The Preliminary Risk Assessment findings may indicate the need for further investigations, such as soil, ground gas and groundwater sampling. Consultants will assess ground conditions, surface waters and any contamination present as well as checking for protected species on a site. They may use non-intrusive techniques or even dig trial pits as part of the site investigation.
• Remediation strategy: Having gathered the required environmental information, the consultant will assess the site’s risk of posing environmental health risks and any significant harm to humans. A plan can then be drawn up using the information provided to alleviate unacceptable risk and remediate identified contaminants in the most cost effective way.
• Validation and reporting: Information must be provided to the local authority following remediation work to prove that the site meets the required safety and environmental standards. The report can accompany a planning application which can then continue through the planning process.

Correct management of contaminated land

Kent’s approach, outlined in the Kent and Medway Contaminated Land Liaison Group’s guidance document, ensures that development of contaminated land within the county is safe and sustainable. The policy means that historically contaminated sites can be changed into viable spaces, offering opportunities for people and improving the environment.

By adhering to legislation in Part iia of the Environmental Protection Act, carrying out a thorough site investigation and recommending appropriate remediation, consultants can help developers follow a contaminated land strategy that will be approved by a planning authority.

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.