Contaminated Ground, Contaminated Groundwater?

The UK Groundwater Forum conference “Contaminated Ground, Contaminated Groundwater?” was held on the 24th May 2011. It was held jointly with the Hydrogeological Group of the Geological Society and highlighted the continual future challenges for groundwater management, protection and remediation resulting from land contamination.

The conference provided a review of how groundwater remediation has evolved in recent years, coupled with numerous UK case studies provided by companies such as Atkins and The Coal Authority. New remedial technologies (provided by CL:AIRE) and new emerging contaminants, as discussed by the British Geological Survey were also brought to light.

The forum highlighted two key factors which will need to be considered when providing an environmental consultancy opinion by the end of 2011.

1. A review of the potential changes (fine-tuning) to the EPA Part IIA process:

New red-amber-green tests for “significant harm” and “significant possibility of significant harm” (SPOSH) to human health (and significant water pollution).

2. Foreseeable changes to planning policies with regards to contaminated land:

A 12 month guarantee for any planning application to speed up developments.
The removal of the “change of use” planning permission for redeveloping existing premises into houses.
A Neighbourhood Development Order- which will grant automatic planning permission for any development if local referendum approves it.
60% target of new residential housing on Previously Developed Land has been scrapped.
The withdrawal of Planning Policy Statements (PPS) and Guidance (PPG), Biodiversity and Geological Conservation (PPS9), Flooding (PPS25), Contaminated Land (PPS23). These will be replaced with a short overarching policy which combines the above into a single document.

With the new planning regime, most soil quality issues will be assessed and remediated. The new regime will still mean that the developer needs to show “Suitable for Use”, with an aim to prevent new soil quality issues, such that after development, land should not be able to be determined under Part 2A of the Environmental Protection Act 1990.