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Environmental Services Land Quality
This area of work is lead by the Environmental Quality Unit, if you want to write or talk to us please contact the Environmental Quality Unit.
On these pages you will also find the Council’s Contaminated Land Inspection Strategy and also our Remediation Strategy. For printed copies of the strategies, please contact Environmental Quality Unit.
This is land that has become polluted as a result of a present or previous industrial activity. Contaminated material can affect the underlying ground or water within the ground and could harm people, building materials, water courses or nature.
Just because a source of pollution may exist (for example, petrol that may have leaked from an underground storage tank), it does not mean that the land is necessarily classified as contaminated. To be classed as ‘contaminated’ there must be a way for the pollution to reach a person, or water course and such like. The route from the pollution to a person is known as a pathway, and a person or water course is known as a receptor. If there is no pathway, or receptor, then the land cannot be called contaminated.
This means that contamination may only cause concern if the site has a particular use where pathways and receptors exist. It can also become an issue if a site is to be redeveloped causing pathways and receptors to exist when they didn’t before. To sum up, a site must always be suitable for its current or intended use. If it isn’t, there are two different ways, depending on the circumstances of the land, of making sure it becomes suitable.
There are two approaches that the Council can follow to deal with contaminated land.
If a piece of land is to be re-developed or have its use changed, and the land could potentially be contaminated, then this is usually dealt with under the Town and Country Planning Act.
It is the responsibility of the owners and/or developers of the site to establish the extent and nature of any potentially harmful materials on the site. This should normally be done before the formal planning permission is granted for the development. However, if this is not possible, permission can be granted, but certain conditions will be attached to the permission, which must be met.
If potential risks are identified, the land will need to be dealt with before development begins, to minimise all risks posed. This process is known as remediation.
Guidelines have been produced to help developers meet the planning requirements for a potentially contaminated site. It was prepared by the Royal Borough, in collaboration with twelve other London Boroughs and the Environment Agency and sets out the information that a Local Planning Authority will require.
To download 'Contaminated Land. A Guide to help developers meet planning requirements' please click the link below:
Download / Print Contaminated Land Developers Guide (File size 338Kb)
If it is suspected that land is not suitable for its current use, and is potentially contaminated, then this is dealt with under different legislation. In April 2000, a new set of regulations came into force for dealing with contaminated land. These regulations brought Part 2A of the Environmental Protection Act into operation and were accompanied by Statutory Guidance (DETR Circular 02/2000, hereby referred to as the Guidance).
Under this Guidance, the Council has to publish an Inspection Strategy to show how it identifies land in the borough where contamination is causing unacceptable risks to human health and the wider environment. In July 2002, we published ours. The strategy also contains information on the characteristics of the borough, including its geology, hydrogeology and history. The main objectives of the strategy are to:
The current strategy from 2002 is here:
Identifying contaminated land however is only the first part of the process. Once it has been correctly identified, the risk needs to be dealt with and a programme of appropriate remediation must be undertaken.
Basically this means that any work undertaken should result in the land being ‘suitable for use’ so it no longer poses a significant risk - bearing in mind its current or proposed risk. It also means that the effects of any significant harm, or water pollution that has occurred, have been remedied. In many situations the level of contamination is reduced to the point at which no significant risk remains. This does not necessarily mean that all traces of contamination are removed, and in some situations the contamination will be left where it is but permanently contained, so that it is prevented from doing any further harm.
The Council has now produced a Remediation Strategy, making it easier for residents and businesses to understand what the process of remediation might entail. It sets out the steps that will need to be taken to reduce and ultimately minimise the risks posed once a site has been designated as ‘contaminated’. To access it, please click here: Contaminated Land Remediation Strategy - [PDF file] (File size 165Kb)
Owing to the large number of enquiries received by the Environmental Health Department, we are unable to produce a report that is tailored for each enquiry. However, on written request, we are able to provide you with data extracted from our digitised historical ordnance survey maps. There is a fee for this service. This data will show whether the site and a surrounding 250m had a previous land use that may have led to contamination.
The Council has six historical maps of the Royal Borough, which show how land was used between 1843 and 1996. Maps purchased from the Landmark Information Group have enabled Council officers to identify potential sources of contamination. Where possible the mapped data is coupled with trade directory information. Unfortunately the Council cannot guarantee the accuracy of these historical maps and any information taken from them should be double-checked with other sources. In many cases, when people approach the Council, they will find that there is no information about their site held on the database.
If you would like a full environmental search for a named property our current charge is £94.
If you already hold environmental information on a site, but require further specific information then the
Council can provide a bespoke report for a reduced fee of £61.50. You will need to provide a detailed outline of the information required, incorporating any environmental information already held.
If you would like either of the reports outlined above, please write (enclosing a cheque made payable to the Royal Borough of Kensington and Chelsea for either £94 or £61.50) to the address below:
Environmental Quality Unit
Council Offices
Environmental Health
37 Pembroke Road
London
W8 6PW
Please note that a separate application must be made for each property and it will take between seven and ten working days to process your request.
We also hold other information that may be relevant to your enquiry. This is held on the Department's four public registers
These registers are available for public inspection free of charge at our offices in Pembroke Road during normal working hours and there are facilities for making copies. There is a charge for this service. Details from our Part B register can also be seen at Part B Register Link. See Register Link
Alternatively, you can conduct a search of the local land charges register, after which, you will receive a response in writing. There are standard fees for this service. Your solicitor can also make these searches on your behalf.
For further information please contact your local land charges department on 020 7361 3554.
The Environment Agency also holds data on environmental information that you may find useful, for example locations of ‘discharge consents’, ‘abstraction licences’ and pollution incidents. To contact them, please call the general enquiries telephone number: 08708 506506, or visit their website: www.environment-agency.gov.uk.
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