Localism and the Contaminated Land Sector

Will the planning regime (PPS 23) be able to counterbalance the cuts in contaminated land remediation funding?

The Government's drive for 'localism' is having several knock-on effects on the Contaminated Land sector. Currently, Local Authorities follow statutory and non-statutory guidance in terms of how they deal with contaminated land issues. However, many in the sector are convinced that more centralised and definitive guidance and a nationally unified approach would be more useful than encouraging regional idiosyncrasies.

Such a centralised approach would be expected to be led by the Environment Agency (EA). However, the EA faces large staffing cuts, with a 16% fall in staff numbers since 2009, and a further third expected to go over the next four years. This will inevitably decrease the likelihood of the EA taking a national lead over Contaminated Land risk assessment.

There is an ongoing government consultation with regards to Part IIA of the Environmental Protection Act 1990 and the responses of the consultations are currently being analysed. This consultation is seeking proposals for updating and revising the Statutory Guidance. The Revised Statutory Guidance may be finalised by autumn and may be implemented from 1st October 2011.

As Local Authorities' budgets to cover contaminated land inspections have been cut, the available funding only covers the most contaminated sites. The approved projects list for 2011/12 has now been released by the Environment Agency (EA). Bids to a total value of £10m were received, for 87 Local Authority inspection and remediation projects, and 9 Environment Agency projects. In July 2011 the results were announced, with only £3.8m of funding approved for 25 Local Authority projects and £0.37m for five EA projects.

With such reductions in funding more Local Authorities have started dealing with contaminated land issues via the planning regime (PPS 23), which may have to be revised to become more focussed on implementing contaminated land conditions. Many Contaminated Land Officers and other concerned parties have expressed dismay that such a reactive approach risks jeopardising the health of their constituents.

On this topic, see also "Land Remediation Relief to be reduced, not abolished"