Unit 4:  Current Legislation Affecting UK Industry: Land

4.4.1.1  Planning, Public Health and Safety

The planning process throughout the UK is the responsibility of the local planning authorities. This provides an ideal opportunity for the identification of potential contaminated land within areas that have been earmarked for future development. When plans are submitted to developers, planners are increasingly looking at the threat of contaminated land upon the health and safety of humans which at times, leads to applications being rejected should a significant environmental and health and safety risk be present.

Environmental Image

The UK government's policy on contaminated land is that it should be returned to a state suitable for its intended use and therefore, not to a condition that is unrealistically completely clean. Thus, land allocated for different industrial development/ after uses will need to be restored to varying levels of cleanliness.

Where practicable, suitable for use means:

  • that actual or potential threats to the health and safety of the public or to the environment will be taken away.
  • that the land will be restored to suitable use.
  • that the land will be used instead of relying too heavily on the development of green field sites.
Developers and local authorities, and any other interested parties can read the useful guidance within the DoE Circular 21/87: Development of Contaminated Land.

Other developments relating to contaminated land are under the Town and Country Planning Act 1990. Here, local authorities are given the power to control potentially contaminated land in its development. Where contaminated land is known or there is a high probability of contamination, a site investigation may be ordered prior to any planning application being accepted. Should remediation of the land be necessary, planning permission may be granted only on the basis that the specified clean up measures are adhered to.

It is not only planning legislation that can be used by local authorities in controlling contaminated land. The Building Regulations 1991 could be used in making sure that any likely hazards arising from substances in or on the ground are given careful consideration. The building Act 1984 enables local planning authorities to dismiss plans connected with the construction of buildings on land which is contaminated by any offensive vegetable or animal waste matter. The statutory nuisance provisions, enacted firstly by the Public Health Act 1936 and re-enacted by the EPA 1990, also apply to the planning process; however, these are mainly used when the development has taken place to amend any problems. These Acts also cover land contaminated by offensive trades.

Some developments are included within EC Directive 85/337/EEC, which requires developers to undertake an environmental assessment of major projects, which has been discussed in an earlier unit. Contaminated land here must be identified in the environmental statement stage of the assessment, which should describe any contaminated areas on site, and is used to make an approval on the project. This Directive has been implemented in the UK predominantly by the Town and Country Planning (Assessment of Environmental Effects) Regulations 1988, as amended.