Explanation ENV5

13.21

Previously developed sites may have been affected by past land use in such a way that may cause harm to human health or the environment. Such sites need to be brought back into beneficial use in line with the Government’s policy on regeneration of brownfield sites.

13.22

Historically, the main industries within Knowsley have included collieries, the extraction of other minerals (including, gravel, sandstone, marl, clay and pebble beds), cable manufacture, watch making and potteries. The deposit of various materials has taken place within various locations, for example through the infilling of excavations. Potential sources of contamination include for example chemical or biological contamination or contamination from gas from any source.  Issues of stability and subsidence should also be considered when proposing development on made or potentially contaminated ground.

Procedures

13.23

It is the developer’s responsibility to find out the extent of any harmful substances affecting their sites.  It is important to protect the development site and other receptors from any contamination. However, the Council will have regard to sources of information at its disposal and will provide advice to developers.

13.24

Where there is evidence that a site is potentially contaminated, the Council will require site investigations and risk assessments to be carried out. Details of these, together with any remedial measures that are considered to be necessary and their timetable for completion, should be submitted, normally at the planning application stage, and agreed with the Council. Where there is evidence that development of a contaminated site could cause risk to an existing ecosystem, applicants will also be required to submit an ecological survey with the application together with details of how the risk would be mitigated.

13.25

Planning conditions or legal agreements will be used to ensure that agreed remedial measures are carried out to the approved timetable, and that the satisfactory completion of such measures is verified by a suitably qualified expert. A verification report, including evidence to confirm that works have been satisfactorily completed, must be submitted before such conditions can be fully discharged. Evidence should include for example: photographs; on site logs and records; results of any validation testing; waste transfer notes; and delivery notes for new materials. Where monitoring and risk assessment are needed after the development is complete this must be reported to the Council according to prior agreement.  The developer is responsible for carrying out any further remediation works which such risk assessments indicate are necessary.

13.26

Under Part IIA of The Environmental Protection Act 1990, the Council has prepared a strategy (see footnote ¹⁷) which describes how it will inspect its area for contaminated land, and seek to secure the remediation of any land which is found to be contaminated. Developers are advised to have regard to any liability that they may have under this legislation when carrying out development proposals.  Failure to remediate sites to a standard compatible with the part IIA regime may leave a developer liable for future remedial works.

¹⁷ “Contaminated Land Inspection Strategy” Knowsley MBC, June 2001

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