The Governments 'Polluter Pays' principle suggests that those who cause contamination should clean it up.
Government guidance recognises that ‘land affected by contamination’ is a fundamental planning consideration and that the development phase is the most pragmatic and cost effective time to deal with the problem. Planning legislation and guidance places the responsibility on owners and developers to determine the extent of any contamination on their site.
The Planning department's duty is to ensure that owners and developers carry out the necessary investigations and proposals for dealing with any land contamination in a responsible and effective manner.
A Guidance Document entitled Land Contamination: A Guide for Developers has been prepared as a reference document for developers and their advisors who may be involved in the assessment and management of land contamination.
If remediation is required and it is necessary for materials to be imported to the site, MTCBC has issued Guidance relating to the Chemical Testing of Imported Materials, which is required by this Authority. This Guidance is primarily for property owners, developers, environmental consultants, architects and surveyors who require information to assist their submissions to MTCBC in support of planning conditions applicable to the importation of soils, stones or any other similar materials to a development, for the purposes of garden, landscape or engineering use.
The Environmental Protection Section of the Public Health Department has carried out a desk top study to identify as many 'potentially contaminated' sites as possible within its area and to assess whether there is serious risk linked to the usage of that site, and whether a pollutant linkage occurs. An executive summary of the County Borough Council's Contaminated Land Strategy is available Contaminated Land Executive Summary.
If the Authority is of the opinion that there is a risk that significant harm may be caused or that pollution of controlled waters is likely, then a Remediation Notice may be served on the person responsible. If this person cannot be found, then the duty to act falls on the owners or occupiers.
Currently the authority has not declared any sites as being defined as 'contaminated land' under Section 78(A)2 of Part IIA of the Environmental Protection Act 1990.
Costs for information on potentially contaminated sites is currently set at £50 per hour.
If you wish to contact us via email, telephone, or fax please use the details below. You can contact the Public Health Department in writing using the address to the top of this page.