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| 12. Land Reclamation And Contaminated
Land |
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| 1 |
To promote the return of all known derelict and contaminated
land within the county borough area to beneficial use. (aim 1) |
| 2 |
To seek the clearance of all identified dereliction in the
county borough area, and to aim to prevent or reduce the creation of new
dereliction. (aim 1) |
| 3 |
To ensure the effectiveness of the land reclamation process
by identifying and implementing suitable after-uses in a comprehensive manner,
and by establishing clear aftercare procedures and funding to prevent regression.
(aim 1) |
| 4 |
To protect existing environmental features and wildlife habitats
on derelict land and at land reclamation sites where it is established that
conservation is merited, and create appropriate new features and habitats
where possible. (aim 1) |
| 5 |
To seek to ensure that all known contaminated land which
becomes available for treatment in the county borough area is tackled appropriately,
and to aim to prevent the incidence of further contamination. (aim 1) |
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| Land reclamation is recognised as one of
the key steps in the regeneration process of the South Wales Valleys area.
The Council's land reclamation programme, funded by the Welsh Development
Agency (WDA), is directed at providing new land for development and creating
improved environments. The identification of contamination in land which
is proposed for development raises issues of public safety. Depending on
the nature of the problem and the proposed type of development, either suitable
treatment is required or the proposed development is prohibited in the affected
areas. This chapter sets out a framework for land reclamation and development
on contaminated land. |
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INTRODUCTION |
| 12.1 |
Derelict land matters in Wales come mainly under the province
of the 'Welsh Development Agency Act' (1975) as amended by the 'Derelict
Land Act' (1985). However, other Acts have an indirect bearing on derelict
land, for example, the 'Town and Country Planning (Minerals) Act' (1981)
which, together with the 'Planning and Compensation Act' (1990), covers
minerals operations through the development control process. |
| 12.2 |
European Union legislation also has a fundamental effect
on derelict land matters, in particular through its requirement for Environmental
Assessments and in relation to the handling and monitoring of hazardous
waste materials. |
| 12.3 |
Though advice on derelict land matters is available for England
, no similar advice has been published for
Wales. A consultation document issued by the former Welsh Office basically
reiterates advice from the WDA memorandum accompanying grant application
forms and relates mainly to advice on the implementation of programmes rather
than constituting regional policy guidance .
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| 12.4 |
National planning guidance on derelict land is limited .
It points to the need to bring derelict land back into beneficial use and
the preference for development to be located on reclaimed land rather than
greenfield sites. Guidance on the development of contaminated land is more
comprehensive . It states that "the aim
is not to prevent the development [of contaminated land]. Rather, it is
to ensure that development is suitable and that the physical constraints
on the land are taken into account at all stages of the planning process".
Responsibility for suitability of the land for development rests with the
developer, not the Planning Authority. |
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POLICIES |
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Derelict Land Clearance and Identified Schemes |
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See also associated text in the appendices |
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D1 |
IT IS PROPOSED THAT ALL DERELICT LAND
BE BROUGHT INTO BENEFICIAL USE, EITHER TO SECURE THE BUILT LAND-USE OBJECTIVES
OF THE PLAN OR TO IMPROVE THE VISUAL ENVIRONMENT. THE FOLLOWING SITES HAVE
BEEN IDENTIFIED FOR APPROPRIATE RECLAMATION TREATMENT: |
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| 1 |
CWMCARNO / BLAENCARNO |
6.1 |
| 2 |
RHASLAS POND, FOCHRIW |
179.7 |
| 3 |
TYNEWYDD, PONTLOTTYN |
7.6 |
| 4 |
ELLIOT COLLIERY, NEW TREDEGAR |
0.3 |
| 5 |
GEORGE TIP, NEW TREDEGAR |
11.4 |
| 6 |
CEFN BRITHDIR TIPS |
25 |
| 7 |
COED-Y-MOETH TIP, MARKHAM |
3.7 |
| 8 |
CONCRETE YARD, DERI |
1.5 |
| 9 |
PENALLTA TIP |
90.5 |
| 10 |
TREDOMEN TIP |
13.6 |
| 11 |
BERTHGRON QUARRY, NELSON |
6.2 |
| 12 |
OAKDALE COLLIERY |
160.8 |
| 13 |
BARGOED COLLIERY |
84.2 |
| 14 |
ABERBARGOED TIP |
29 |
| 15 |
NAVIGATION COLLIERY, CRUMLIN |
6 |
| 16 |
RAILWAY LAND, BLACKWOOD |
3.4 |
| 17 |
SOUTH CELYNEN COLLIERY |
26.4 |
| 18 |
PENALLTA COLLIERY |
25.2 |
| 19 |
VICTORIA ROAD, MAESYCWMMER |
0.6 |
| 20 |
TREDOMEN OFFICES |
5.4 |
| 21 |
TY LLWYD, YNYSDDU |
1.2 |
| 22 |
LLANBRADACH ROPEWAY TIP |
41.5 |
| 23 |
BEDWAS COLLIERY AND TIPS |
169.3 |
| 24 |
CRAIG-YR-HUFEN, SENGHENYDD |
8.6 |
| 25 |
RISCA TIP, RISCA |
21.2 |
| 26 |
MILL ROAD, CAERPHILLY |
2.1 |
| 27 |
BR SIDINGS & ALL METALS, CAERPHILLY |
3.6 |
| 28 |
FORMER TAR PLANT, CAERPHILLY |
4.9 |
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(Objectives 1 and 2)
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| 12.5 |
In many areas of the County Borough, the reclamation of derelict
land can be a key factor in the regeneration of local economies. Therefore,
it is desirable for the land reclamation programme administered by the WDA
to include all the dereliction identified for treatment by the Council in
order to provide new land for development and create an improved environment
generally. |
| 12.6 |
Subject to the availability of WDA funding, the Council is
undertaking, or will be seeking to undertake, all schemes listed in Policy
D1, except for that proposed for Mill Road, Caerphilly, and that
at Berthgron Quarry, Nelson, which the private sector is likely to complete.
Details of the proposed after-uses of all these schemes appear in Appendix
9. Most of them are already in the approved WDA programme. It is anticipated
that treatment of the schemes listed will take the whole of the Plan period
to be completed. However, it must be noted that this current programme does
not necessarily include the identification of all derelict land which could
be treated in one form or another. Further schemes on other derelict sites
may be considered before the First Review of the UDP, possibly in partnership
with private developers. |
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Reclamation: Suitability of Treatment |
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D2 |
EACH RECLAMATION SCHEME WILL BE REQUIRED
TO COMPRISE A MEANS OF TREATMENT WHICH IS CONSIDERED BY THE COUNCIL TO BE
APPROPRIATE TO THE CONDITION, NATURE AND LOCATION OF THE SITE AND THE INTENDED
AFTER-USES |
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(Objectives 1, 3 and 4)
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| 12.7 |
At its inception in the early 1970's the public sector reclamation
programme concentrated initially on safety schemes, designed to remove dangerous
dereliction wherever it threatened communities. Later, as such schemes were
progressed and funding increased, the programme was expanded to include
those sites where redevelopment would be possible. Their treatment included
the provision of flat plateau areas on which new homes, replacement employment
opportunities and recreation facilities could be sited in an improved urban
landscape. |
| 12.8 |
More recently, the programme has been extended to include
schemes where the main objective of treatment is to enhance the overall
quality of the landscape in the Valleys by removing the most obvious rurally
sited dereliction. This change in the balance of the programme more towards
landscaping schemes makes it even more important that the most appropriate
type of treatment is applied in each case. Often, the appropriate treatment
will still involve extensive land-forming procedures, but there may also
be schemes where much more modest and selective proposals for improvement
will suffice. |
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Conservation of Features, Creation of Land-form,
Habitats and Landscaping |
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D3 |
THE DESIGN AND IMPLEMENTATION OF EACH
RECLAMATION SCHEME WILL BE REQUIRED TO: |
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A |
INCLUDE PROVISIONS TO PROTECT THE WATER ENVIRONMENT WHEN
MATERIAL FROM LAND RECLAMATION SITES IS BEING MOVED AND / OR DISTURBED; |
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B |
INCLUDE PROVISIONS TO PROTECT AND RETAIN ANY EXISTING FEATURES
OF NATURE CONSERVATION, GEOLOGICAL, ARCHITECTURAL, HISTORIC OR INDUSTRIAL
ARCHAEOLOGICAL, LANDSCAPE, OR OTHER SPECIAL INTEREST WHERE POSSIBLE; |
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C |
INCLUDE PROVISIONS TO RETAIN OR REINSTATE EXISTING HABITATS,
AND / OR CREATE NEW APPROPRIATE AREAS OF NATURAL HABITAT WHERE POSSIBLE; |
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D |
DEVISE A FINAL LAND-FORM WHICH IS APPROPRIATE TO THE LOCALITY
AND THE PROPOSED LAND-USES; AND |
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E |
INCLUDE COMPREHENSIVE LANDSCAPING PROPOSALS APPROPRIATE
TO THE LOCALITY AND THE PROPOSED LAND-USES |
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(Objective 4)
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| 12.9 |
A good proportion of the remaining identified derelict land
sites lie on valley sides, high ground, hilltops and moorland. In this type
of location, it is all the more important that due consideration is given
to the choice of reclamation treatment and to proposed after-uses, in order
to protect and enhance any valuable features found within or adjacent to
the scheme boundary. These features would include those relating to nature
conservation, geological structures, architectural quality, historical importance,
industrial archaeological importance, landscape or other special interest.
Therefore, the site operations and future land-uses should avoid disturbing
such features, and there should be every attempt made to protect and enhance
them for posterity. |
| 12.10 |
It is also proposed that scheme design should take into account
the protection, maintenance and enhancement of existing habitats, or their
possible replacement. In addition, where appropriate, new and varied habitats
might also be created. Such action is intended to support the continued
existence of native fauna and flora in the completed landscape. |
| 12.11 |
The change in scheme character may also lead to alternatives
to traditional methods of treatment in other less sensitive situations.
Some treatments might be limited to replanting schemes, and in other cases,
the engineering content might be minimal. Other potential schemes may require
little or no treatment at all because of the quality of natural colonisation
which may already have occurred. |
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Aftercare Management and Resources |
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D4 |
LANDUSES WILL ONLY BE PERMITTED ON
THE COUNCIL'S COMPLETED RECLAMATION SITES WHICH ARE TO BE RETAINED IN PUBLIC
OWNERSHIP FOLLOWING COMPLETION OF WORKS, WHERE THEIR CONTINUED BENEFIT TO
THE COMMUNITY CAN BE ENSURED |
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(Objectives 1 and 3)
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| 12.12 |
The aftercare requirements of reclaimed land can often pose
major problems. This is partly because an increasing number of schemes have
a high proportion of reclaimed land dedicated to amenity or agricultural
and forestry after-use. Once treatment is complete, it is normal practice
for Local Authorities to dispose of the land as soon as possible. However,
certain areas must be retained in public ownership as a result of particular
designated after-uses; for example, public open space. In addition, where
agricultural or forestry uses are proposed, before disposal can occur, the
Council must be satisfied that the prospective land-owner has the capability
and resources to maintain the land to an adequate standard. |
| 12.13 |
Therefore, with regard to those areas of land which must
remain in public ownership, there is a need to establish land-uses which
can ensure continued benefit to the community without the risk of reversion
to dereliction. The most effective way to achieve this is to act at the
outset of scheme design, firstly by restricting planning permission to appropriate
afteruses only, and secondly to prepare an 'Aftercare Management Plan' as
the framework for implementation. |
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Prevention of Prejudicial Development |
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D5 |
DEVELOPMENT WHICH WOULD PREJUDICE THE
COMPREHENSIVE RECLAMATION OF DERELICT LAND WILL NOT BE PERMITTED |
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(Objective 3)
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| 12.14 |
It would be clearly inappropriate to allow development to
occur which would prejudice a reclamation scheme, even though that scheme
may not be programmed for implementation immediately. This policy is proposed
to deal with this situation and will apply to land which forms part of,
or is vital to, the implementation of reclamation schemes in Policy D1. |
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Contaminated Land |
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D6 |
DEVELOPMENT ON LAND WHICH THE COUNCIL
HAS DETERMINED IS CONTAMINATED, OR LAND WHICH DUE TO ITS PREVIOUS HISTORY
MAY BE CONTAMINATED BUT DOES NOT FULFIL THE LEGAL DEFINITION, WILL BE PERMITTED
WHERE: |
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A |
APPROPRIATE GROUND INVESTIGATIONS AND RISK ASSESSMENTS
HAVE BEEN UNDERTAKEN BY THE APPLICANT TO DETERMINE THE EXTENT OF ANY CONTAMINATION
AND THE APPROPRIATE REMEDIATION METHODS WHICH WILL BE EMPLOYED TO TREAT
THE CONTAMINATION; |
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B |
PUBLIC SAFETY AND AMENITY CAN BE ADEQUATELY SAFEGUARDED; |
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C |
THE SITE IS REMEDIATED SO AS TO BE SUITABLE FOR ITS PROPOSED
USE AND AS A RESULT DOES NOT PRESENT AN UNACCEPTABLE RISK TO ENVIRONMENTAL
RECEPTORS; AND |
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D |
AN AGREEMENT IS ENTERED INTO BY THE DEVELOPER TO MONITOR
THE SITE FOR A SPECIFIED PERIOD AND UNDERTAKE REMEDIAL ACTION WHERE AND
WHEN NECESSARY |
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(Objective 5)
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| 12.15 |
The above policy reflects the proposed changes and the proposed
regime under the provision of Part IIA of the Environmental Protection Act.
The Council will determine whether land is contaminated in accordance with
the requirements of this legislation. There will be new standards for remediation
based on specific substances. The contaminated land legislation details
a number of environmental receptors, to which the policy refers, of which
water, flora and fauna are examples. Signing off work will be determined
by the local authority based on the use of the site. |
| 12.16 |
Local Authorities may come across contaminated or potentially
contaminated land, either on derelict sites needing reclamation or on land
to be developed or redeveloped needing planning permission. Where contaminated
land co-exists with identified derelict sites, grants for its treatment
are available. However, where land is not derelict, the present situation
relies on the local authority knowing or suspecting that the land is contaminated,
or the potential developer reporting that it is contaminated or that it
is suspected of being so. |
| 12.17 |
On land which is currently, or has been relatively recently,
subject to a potentially contaminating use, the assessment of risk may be
straightforward. On land which has not had a potentially contaminating use
in recent history, the presence or suspicion of the presence of contamination
will be more difficult to establish. Many contaminating uses existed well
before planning records were kept, and information can be extremely sketchy
or even completely absent. Problems may also arise where land is still operational
or has been redeveloped without treatment. Where it is still operational
it should be possible to tackle any contamination when further development
is required, by means of a private scheme. |
| 12.18 |
Where a site, which is known or suspected to be contaminated,
is proposed for development or redevelopment, the extent of the contamination
and nature of treatment must be established prior to approval. Therefore,
applications for planning permission will need to be accompanied by appropriate
detailed ground site investigation reports and risk assessments to determine
the nature and extent of any contamination and provide full details of the
appropriate remediation methods which will be employed to treat it. Developers
should have regard to the Environment Agency's guidance document, 'Policy
and Practice for the Protection of Groundwater'. Early consultation with
the Environment Agency Wales is strongly recommended. The Agency's agreement
must always be sought on the type of treatment, because of its responsibilities
for the protection of groundwaters and surface water resources. Planning
permission will not be granted unless the Council is satisfied that any
contamination can be overcome safely, that the site is remediated so as
to be suitable for its proposed use, and as a result does not present an
unacceptable risk to environmental receptors. In addition, the developer
will be required to enter into an agreement to monitor the site for a specified
period and undertake remedial action where and when necessary. |
| 12.19 |
Where the mitigation measures proposed for a site included
the removal of the worst contaminated material and containment of the rest
by capping the site with suitable materials, it is important to ensure that
the construction of foundations, services and other underground works does
not uncover any contaminated material left on site, or that the underground
works themselves do not create pathways for polluted materials to follow. |
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