Full version of the Contaminated Land Strategy:

Executive summary

The London Borough Waltham Forest (LBWF) Contaminated Land Strategy has been developed to satisfy the legal requirements of the Environmental Protection Act 1990 and the Contaminated Land (England) Regulations 2000. This legislation requires all local authorities to develop and implement a Contaminated Land Strategy.

A three stage risk based approach has been developed to identify contaminated land in the borough. A Geographical Information System (GIS) system, desktop audits and site assessments are used to identify the presence of source, receptors and pathways to form a significant pollutant linkage.

LBWF, Environment Agency (EA) and other organisations such as the English Heritage, English Nature, Department for the Environment Food and Rural Affairs (DEFRA) are required to work in close liaison regarding contaminated land issues.

LBWF is required to undertake the following roles and responsibilities for the successful implementation of the LBWF Contaminated Land Strategy:

London Borough of Waltham Forest roles and responsibilities under the Contaminated Land Strategy

  • Inspect sites in the borough to identify contaminated land in compliance with the strategy
  • Identify and notify relevant parties that land is contaminated (occupiers, owners of land, Class A/B and EA)
  • Consult the Environment Agency on pollution of controlled waters
  • Decide if contaminated land should be special (unless appealed to Secretary of State) and transfer to the agency
  • Ensure remediation of land identified as contaminated land (excluding special sites)
  • Provide information to the Environment Agency

For non special sites

  • Consult with relevant persons
  • Decide upon remediation requirements
  • Decide who is excluded from liability, and apportion amongst remaining appropriate persons
  • Refer special sites to the agency for assessment
  • Maintain remediation registers and leave existing sites available for review
  • Undertake regular review process of strategy and update sites as information becomes available

The enforcement and implementation of this strategy is a complex role that will be carried out in accordance with the LBWF Enforcement Policy 1998 and the Cabinet Office Concordat March 1998. The implications of the LBWF Contaminated Land Strategy is explained in detail in the attached documents. This strategy has been developed to be consistent with national and local LBWF objectives and policy documents.

Planning Regime

Where development is proposed, the developer is responsible for ensuring that development is safe and suitable for use for the purpose for which it is intended. The local planning authority has a duty to take account of contamination and determining applications that include applying and enforcing any necessary conditions. Such conditions may require that land is remediated in the course of development to an appropriate standard, taking account of its intended use and if necessary, it is properly maintained thereafter.

Growing edible produce on potentially contaminated land and gardens

Historically, areas of Waltham Forest were used for industrial activities. In addition, some open areas were used to bury a variety of waste materials. This has left a legacy of contaminants in our soils which may pose an unacceptable risk to human health.

The planning system serves as a mechanism through which a developer must demonstrate that the land is fit for its intended use. The regime was introduced in 1994 and is the most common form of dealing with contamination from historic land-use. Additional legislation to the planning regime, namely Part IIA of the Environmental Protection Act 1990 in force since April 2000, exists to deal with land (often derelict) that is causing, or threatening to cause significant harm to human health or the environment.

There will be areas within the Borough that have not been developed since 1994 and have not been identified as potentially contaminated land under Part IIA. With the growing trend for residents to use their gardens to plant edible produce, and for community groups to harness the potential of urban spaces and derelict land, there may be cases where the ground may pose a risk to human health such as consumption of elevated levels of contaminants or from contact with skin. Where there is a doubt about the condition of the ground, gardeners are advised to use planters or grow bags filled with clean soil. Alternatively advice may be sought from the Council's Contaminated Land Officer on the likely soil quality of a garden or urban space. However it should be noted that there may be a fee for this search.

The Officer may be contacted via Waltham Forest Direct on 020 8496 3000 or wfdirect@walthamforest.gov.uk

You may send your enquiry by post to:

Environmental Health
Sycamore House
Waltham Forest Town Hall Complex
Forest Road
London
E17 4JF

Further information on the planting of crops on contaminated land is available from the Environmental Protection UK at:

www.environmental-protection.org.uk/land-quality/growing-edible-crops/