Most, if not all, new developments in the borough of Waltham Forest are likely to be sited on brownfield land, which is potentially contaminated. Prior to granting planning permission for a development, the Council has to ensure that the potential risks from contamination on a development site would not lead to unacceptable risks to human health and/or the environment. Former uses can leave contamination in the ground, which if not properly dealt with, could pose a significant risk to human health, water supplies, natural habitats and/or property. Sometimes remediation of a site will be necessary before a site can be redeveloped.

Where an application for planning permission is to be made, it is the responsibility of owners and developers to establish the extent of any potentially harmful materials on their sites. The Council's duty is to ensure that owners and developers carry out the necessary investigations and formulate proposals for dealing with any contamination in a responsible and effective manner.

National guidance

Government guidance advises that the fact that land may potentially be contaminated is a material planning consideration, and that the most cost-effective time to deal with the problem is when development takes place. The Government's planning advice on contaminated land is set out in Planning Policy Statement 23 (PPS23), ‘Planning and Pollution Control’ (2004). Annex 2 to that document addresses the issue of development on land affected by contamination. The key policy aims of PPS23 are to facilitate planning for good quality, sustainable development that takes appropriate account of pollution control issues.

PPS23 advises that:

  • any consideration of the quality of land, air or water and potential impacts arising from development, possibly leading to impacts on health, is capable of being a material planning consideration, in so far as it arises or may arise from or may affect any land use;
  • the planning system plays a key role in determining the location of development which may give rise to pollution, either directly or indirectly and in ensuring that other uses and developments are not, as far as possible, affected by major existing or potential sources of pollution;
  • the controls under the planning and pollution control regimes should complement rather than duplicate each other;
  • the presence of contamination in land can present risks to human health and the environment, which adversely affect or restrict the beneficial use of land but development presents an opportunity to deal with these risks successfully;
  • contamination is not restricted to land with previous industrial uses, it can occur on greenfield as well as previously developed land and it can arise from natural sources as well as from human activities;
  • where pollution issues are likely to arise, intending developers should hold informal, pre-application discussions with the LPA, the relevant pollution control authority and/or the environmental health departments of local authorities (LAs) and other authorities and stakeholders with a legitimate interest; and
  • where it will save time and money, consideration should be given to submitting applications for planning permission and pollution control permits in parallel and coordinating their consideration by the relevant authorities.

Proposals in Waltham Forest

The London Borough of Waltham Forest (LBWF) ‘Contaminated Land Strategy’ 2000 (p15) states that developers will be required to carry out detailed site investigations to identify pollutants present at any ‘possibly contaminated sites’. In relevant cases, a condition will be imposed on a planning permission requiring that a site investigation be undertaken prior to the commencement of development. The requirement for developers to undertake a site investigation is likely when:

  • Current land use at the application, or a nearby, site indicates the potential for contamination (this would include land uses such as industrial, manufacturing, landfill, farming, railway, sewage works, garages and dry cleaners).
  • Historical land use at the application, or a nearby, site indicates the potential for contamination (this would include land uses such as industrial, manufacturing, landfill, farming, railway, sewage works, garages and dry cleaners).
  • The development is intended for use by sensitive receptors (e.g. school children).
  • Distinct pathways exist between a potential source of contamination and a receptor (e.g. allotments and residential gardens).
  • Demolition of buildings has taken place without recourse to an asbestos survey and the subsequent safe removal of any hazardous materials.
  • Pollution incidents, or other potential sources of contamination, may have had a tangible effect on a given site.
  • Council records, GIS (historical and geological mapping database utilised by LBWF) or the Environment Agency reveal concerns with regard potential contamination.
  • Any investigation or information presented to the London Borough of Waltham Forest indicates the potential for contamination.

These controls seek to ensure that the potential for adverse effects on human health, the environment (including controlled waters, buildings and neighbouring land), and amenity are reduced to acceptable levels.

Liaison with the Council

Where a developer is proposing to develop land that may be contaminated, or is likely to have a particularly sensitive end use, it is advisable to contact the Council’s Environmental Health section to discuss land contamination issues before submitting a planning application.

In addition, applicants are encouraged to visit the Environment Agency website, which provides useful guidance to help applicants.

Useful links

Below are links to relevant pages providing important advice on contamination and related issues. Select from the following:

London Borough of Waltham Forest, Environment and Regeneration

For a full version of the Contaminated Land Strategy

Environment Agency

A developers pack can be downloaded from the Environment Agency’s web site: www.environment-agency.gov.uk/developers

DEFRA

Land and soil contamination pages can be found at: http://www.defra.gov.uk/environment/land/index.htm

In addition, Defra Circular 01/2006, ‘Contaminated Land’ can be viewed at, or downloaded from, this site: http://www.defra.gov.uk/environment/land/contaminated/index.htm

Communities and Local Government

Planning Policy Statements and other relevant Government guidance can be viewed and downloaded from this site: http://www.communities.gov.uk

HSE

The Health and Safety Executive provides guidance on health and safety matters: http://www.hse.gov.uk/

CIRIA – CIRIA Contaminated Land Web Portal home page: http://www.contaminated-land.org

Contact us

Environmental Health
Environment and Regeneration
Waltham Forest Council
Sycamore House
Forest Road
Walthamstow  E17 4JF

email wfdirect@walthamforest.gov.uk
tel 020 8496 3000