Contaminated land

Introduction

• As per our Inspection Strategy, Environmental Protection will predominately identify potentially contaminated sites through the planning regime, where appropriate risk assessment and (if necessary) remediation will also be secured.
• Under the planning regime, developers must ensure that contamination at a site can be reasonably addressed, making the land suitable for its proposed use and compliant with Part 2A of the Environmental Protection Act 1990. 
• If a site may be contaminated due to past activities (on site or nearby), it must be assessed to determine contamination levels, risks to health and the environment, and remediation steps. This is crucial for developments that involve sensitive end-uses.

• When investigating contaminated land, a risk-based methodology must be employed, relying on the most credible evidence accessible at the given time. This procedure is elucidated in the Land Contamination Risk Management (LCRM) webpages. The contaminated land risk management process comprises three primary phases, each subdivided into additional tiers

• The results of the assessments at each stage will dictate whether it is necessary to proceed to the next stage. For instance, if a Preliminary Risk Assessment reveals potential for unacceptable contamination levels, then Quantitative Risk Assessment must be conducted. If this further risk assessment identifies unacceptable risks due to contamination, remediation and verification will be required.
• The LCRM webpages are relevant to all entities tasked with overseeing land contamination management. Throughout the process, input from suitably qualified and competent professionals with appropriate indemnity insurance is imperative. Appointed consultants must exhibit adherence to best practices and the principles outlined in the LCRM webpages. Additionally, various British Standards and CIRIA guidance documents require employed at different stages of the process, with further detail provided within the LCRM webpages (Land contamination risk management (LCRM) - GOV.UK (www.gov.uk)).

General

• Developers need to consider the scale, cost, duration, safety measures, and reporting required to demonstrate that land contamination issues can be addressed. 
• Inadequate information during planning can lead to delays, increased, or refusal of planning applications

Choosing a Competent Consultant

• Land contamination assessments are specialized tasks that require competence, experience, and careful professional judgment. A developer must appoint a suitably qualified geo-environmental consultancy to conduct these assessments. The council cannot provide recommendations on who to appoint. 
• The Council does not offer a sampling service, nor does it design or carry out site investigations or interpret results from investigations conducted by others. This includes individuals applying for or granted planning permission, developers, and their agents.
• By engaging suitably qualified and experienced experts throughout the process, you are more likely to avoid disappointment, delays, requests for additional information, excessive costs, and refusals of planning permission or condition discharge. Information that does not meet satisfactory standards will be rejected.
• It can be challenging to ensure that a consultancy will do a good job, but by conducting a few checks and understanding your requirements and their purposes, you can ask informed questions to help decide who to appoint. 

Below are some examples of considerations for a developer:

• Request multiple quotations and ask for a detailed breakdown (e.g., sampling, site supervision, reporting, laboratory analysis, phone calls, letters, meetings, details and credentials of subcontractors, etc.). This helps ensure value for money and makes comparing quotations easier.
• Discuss the site and proposed development with the companies providing quotations. Include any information relevant to a planning application, or the relevant conditions that you are seeking discharge. Explain your requirements and the reasons behind them.
• There are also pertinent questions you can ask: have the consultancy undertaken work in Carmarthenshire? How did the projects go? Do they have extensive experience in Contaminated Land Risk Assessment? What specific staff member will be undertaking the work? Are they suitably qualified to undertake the work required? Are they able to provide references that can be followed up? 

• Supervision by a competent person during the investigation is crucial as they ensure adherence to the investigation scope, standards, best practices, and procedures. They also ensure proper collection, recording, storage, and handling of samples, which results in better service, value for money, and the most accurate information from your investigation.

Additional questions to consider include:

• Do they follow quality assurance procedures?
• How much of the work will be done in-house versus subcontracted?
• Do they have professional indemnity and public liability insurance?
• Have they faced any prosecutions for environmental or pollution-related offenses?
• Is the company financially stable?
• Do they possess the expertise and experience necessary for each stage of the project?

Our Contaminated Land Officer can typically provide additional assistance upon request. If an application is being dealt with within the planning regime, an applicant with the following information:

• Guidance on Regulatory Requirements: Detailed information about the regulatory framework governing contaminated land, including relevant legislation and guidelines.
• Site History and Other Relevant information: Provide available records of the site's history, including any previous contamination assessments, investigations, or remediation efforts.
• Provision of the WLGA ‘Developers Guide’: The guide provides information on how to conduct a risk assessment, what factors to consider, and what standards and methodologies should be applied.
• Planning and Development Considerations: Provide guidance to development control on how contamination issues might impact planning applications, and the provision of recommendations of requirements, which may include conditions.
• Referral to Other Resources or Agencies: we may refer applicants to other relevant resources, such as Natural Resources Wales ( NRW), technical guidance documents, or specialised consultants for further assistance.
• Provision of technical assistance to agencies or consultants: Provide our input on schemes to consultants or agencies. 

Our contaminated land officer cannot assist with the following:

• Detailed Site Investigations: We do not conduct site investigation or interpret site investigation data on behalf of applicants.
• Design of Investigation Plans: We do not design specific investigation plans for sites, although we may provide general guidance on what a plan should include.
• Consultant Endorsement: We do not recommend specific consultants or contractors, though we can advise on qualifications and experience to look for.
• Guarantees or Assurances: We do not guarantee outcomes related to contamination assessments, remediation efforts, or the success of planning applications.
• Legal Advice: We do not provide legal advice regarding land contamination issues or regulatory compliance.
• Direct Remediation Work: We do not undertake or manage the actual remediation work required to address contamination.
• Financial Assistance: We do not provide funding or financial assistance for site investigations or remediation activities.
• Approval of Non-Compliant Reports: We do not approve reports or plans that do not meet the required standards or guidelines.
• Confidential Information Disclosure: We do not disclose confidential information about other sites or parties without appropriate authorisation.
• Decision-Making on Planning Applications: While the CLO provides technical input to planning officers, they do not make final decisions on planning applications or the discharge of planning conditions.