Contaminated land report essay

Current land use characteristics. Key property types. Hydrogeologial/key water resource/protection issues, broad geological characteristics. Current knowledge of land contamination. Ground investigations on privately owned land. Specific local features.

Redevelopment history and controls. Industrial history of the City. 10 11 13 15 21 21 23 23 26 3.

LIAISON AND COMMUNICATION STRATEGIES 6. 1 6. 2 6.

3 Statutory Consultees. Communication with owners, occupiers and other interested parties. Communication following site specific investigations. 41 41 42 Inspection Strategy for Contaminated Land – Reviewed July 2006 7. PROGRAMME FOR INSPECTION 7. 1 Arrangements for carrying out detailed inspections.

The Public Register. Administration. Use of information by other City Council Divisions/Directorates. Confidentiality of Information. Dealing with requests for information. Provision of information to the Environment Agency.

47 47 47 47 48 48 48 49 49 49 49 REFERENCES LEGISLATION AND GUIDANCE STATUTORY CONSULTEES OTHER NON-STATUTORY CONSULTEES Inspection Strategy for Contaminated Land – Reviewed July 2006 1. 1. 1 INTRODUCTION Newcastle City Council is required to inspect its district for contamination under the provisions contained in Part IIA of the Environmental Protection Act 1990. This document sets out how the Authority will take a “ strategic” approach to the inspection of its area and reviews the previous inspection strategy published in June 2001. The City Council’s corporate policy towards land contamination is contained in a number of policy documents; these can be summarised as follows:• The City Council’s ‘ Visions and Values’ sets the priorities for the organisation.

The contribution to the BVPP by land contamination covers such areas as: Remediation of contaminated land, promotion of sustainable developments, especially in new developments, environmental impact assessments for childrens play areas, schools and nurseries, working with Newcastle University on research projects and providing advice on new developments. Best Value Performance Indicators. There are two BVPIs which relate to land contamination, these were published in 2005 and have a first reporting date of 31 March 2006. BVPI 216a details ‘ the number of sites of potential concern’ which have been found. These sites can be either found via the Contaminated Land Inspection Strategy or through the development control process.

The figure is composed of the total number of sites we are aware of, • 2 where detailed information is not yet available and the number of sites where such information is available. BVPI 216b is the number of sites where sufficient detailed information is available to decide whether remediation of the land is necessary, as a percentage of all ‘ sites of potential concern’ • The City Council’s ‘ Unitary Development Plan’ encourages the re-use of contaminated land, recognising its contribution towards urban regeneration and reduction in the need to use new sites outside the built up area. The plan places conditions upon the development of such ‘ brown field’ sites requiring site investigations and agreed remediation strategies. Current Government Policy requires that 60% of new developments will take place on ‘ Brown field’ sites by 2008. The City is currently achieving a figure of over 80% The Local Development Framework will gradually replace the UDP over several years.

The land is already subject to development proposals. “ The appropriate person” brings forward proposals to develop the land in order to fund the necessary remediation. “ The appropriate person” wishes to avoid being served with a “ Remediation Notice”. (b) (c) (d)However where these issues do not apply and the Authority identifies “ contaminated land”, a remediation notice will be served when appropriate. Where the land is in the ownership of Newcastle City Council a ‘ Remediation Statement’ will be written.

Public Access to Information. The Authority will provide information and advice in plain language on the rules which it applies and disseminate these as widely as possible. It will be open about how it sets about its work, consulting business, voluntary organisations, charities, consumers, etc. It will discuss general issues, specific compliance failures or problems with anyone experiencing difficulties notwithstanding these aims. A considerable quantity of information relating to land contamination is held on computers, and the Authority is aware of its obligations under the Data Protection Act 1984. The City Council is required by the Environmental Information Regulations 2004 and the Freedom of Information Act 2001 to supply information where requests for such are made. It is anticipated most enquires regarding land contamination would fall into the definition of ‘ environmental information’ and as such would be covered by the former regulations.

To consult the Environment Agency on pollution of controlled waters. To designate Special Sites which transfer to the agency. To act as the enforcing authority for all contaminated land, unless the site meets the definition of a “ special site”. “ Special Sites” are defined in The Contaminated Land (England) Regulations 2000. For these sites, the Environment Agency acts as the enforcing authority.

To maintain a register of contaminated land remediation. (d) (e) (f) (g) The Environment Agency has a responsibility to: (a) (b) (c) (d) (e) To provide information to local authorities on land contamination. To ensure the remediation of special sites. To maintain a register of Special Sites remediation. To prepare a report on the state of contaminated land.

• • • • • • • c). Ecological Systems, or living organisms forming part of such a system within certain protected locations such as: Sites of Special Scientific Interest (SSSI’s) National Nature Reserves Marine Nature Reserves Special Areas of Conservation (SAC’s) Special Protection Areas Candidate SAC’s RAMSAR sites Property in the form of buildings – This includes structural failure, substantial damage or substantial interference with any right of occupation. Scheduled Ancient Monuments may be regarded as substantially damaged when the damage significantly impairs the historic, architectural, traditional or archaeological interest. Controlled Waters – entry into controlled waters of poisonous, noxious or polluting matter or any solid waste. Formally there was no guidance on what constituted ‘ pollution’, 2/2000 advised that in the cases of very small quantities of a contaminant it would be necessary to consider what it would be reasonable to require. Section 86 of The Water Act 2003 has now amended Part IIA so that it only applies where ‘ significant’ pollution of controlled waters is being caused or there is a significant possibility of such pollution being caused.

Property in the form of: Crops e. g. iminished yield, loss of value etc. Produce grown domestically, or on allotments for consumption. Livestock Wild animals which are the subject of shooting or fishing rights.

The City Council’s administrative area covers some 11, 348 hectares and is approximately triangular in shape with the southern boundary being formed by the River Tyne. Brief history and description From the mid eighteenth century until the Second World War industrial development was of immense importance to Newcastle and the North East of England in general. The period of industrial activity was long and reached its height at the beginning of the twentieth century. The area’s prosperity was centred upon the lucrative coal trade.

The river-based economy of the region saw the development of many industries based on the coal industry. In the seventeenth and eighteenth centuries the area became a centre for glass and pottery production. In the first half of the nineteenth century the alkali and general chemical industry thrived on riverbank sites. Later in the nineteenth century, predominantly on riverbank sites, developed the heavy industrial economy which survived until the post-war period. The three staple industries of the last great industrial period were coal, shipbuilding and heavy engineering (particularly marine and railway engineering and armaments manufacture).

This strategy identifies polluted mine water from former collieries as being strategically important for remediation. The treatment of these discharges is intended to be through the creation of a passive wetland treatment system. Wetlands are identified in the BAP as a priority habitat. Funding has been unsuccessfully sought through the Landfill Tax Credit Scheme to remediate contaminated mine waters from the former Isabella Colliery in Newburn, by means of a reed bed system, it is a long term aim to re-visit this problem and remediate when resources become available Circular 2/2000, Part 3 recognises ‘ Harm’ only to receptors listed in Table A of the document. In the case of living organisms and Ecosystems, only two categories of limited protections exist with the City Councils area: Sites of Special Scientific Interest and Local Nature Reserves. SSSI’s are of national importance for their flora, fauna or features of geological interest, the designation is made under the Wildlife and Countryside Act 1981. Newcastle has five SSSI’s: Big Waters. 12 Brenkley Meadows Gosforth Park Hallow Hill Prestwick Carr There is one Local Nature Reserve designated: Denton Dene.

However, a further seven are to be designated shortly, Big Waters, Callerton Pond, Havannah Colliery, Lemington Gut, Paradise Tidal Mudflats Sugley Dene, Walbottle Brickworks and Walbottle/Throckley Dene. Gosforth Park SSSI In addition to the sites that have received statutory designations there are twentyone sites of Nature Conservation Importance (SNCI’s) and thirty-six Sites of Local Conservation Interest (SLCI’s). Twenty-two ‘ Wildlife Corridors’ are also identified within the UDP. 13 2. 3 Key Property Types Property in the Form of Buildings The City Council’s area is predominately urban with ‘ buildings’ of residential, commercial and industrial usage being widespread. The area, being underlain by a previously worked shallow coal field is potentially subject to building damage or ‘ building effect’ through settlement etc.

The Environment Agency’s Groundwater Vulnerability map for the Tyne & Tees area is classifies the Coal measures underlying the City as a “ minor aquifer”. Minor Aquifers have variable permeability, they rarely provide large quantities of water for abstraction but are important for local supplies and supplying base flows of rivers. The “ Minor Aquifer” classification is further subdivided in Newcastle, the urban area being classified as “ U” and the more rural fringe as ‘ low’ A “ U” classification gives the aquifer a high vulnerability classification; this is given as fewer observations than elsewhere have been made for the aquifer. The rural fringe to the City is given the classification “ low”, these are of low leaching potential and reflect the area being overlain by drift deposit of boulder clay. This boulder clay also extends under much of the urban area.

The Environment Agency’s current policy regarding groundwaters, to only comment on development proposals in Groundwater Source Protection Zone 3, means that they will have little input into such works in Newcastle at the current time. The main watercourses in the area are the River Tyne and the Ouse Burn. The Tyne is tidal throughout the City. The quality of the tidal estuary is improving and the river supports a large population of migratory salmonoids. The Ouse Burn originates at Callerton Pond and has its confluence with the River Tyne at Byker, the burn is tidal for several hundred metres. It is culverted for 665m where it passes under the City Stadium landfill site. The General Quality Assessment (GCA) shows the burn to be C (fair). There are many smaller culverted streams flowing under the City, some of these are combined with sewer systems, others discharge into the River Tyne.

Solid Geology (British Geological Survey) 20 2. 5 Current Knowledge of Land Contamination Newcastle City Council, with its legacy of industrial history, had been active in the field of land contamination investigation and remediation for some time. There is extensive information relating to many sites within the Authority’s area. Much of this information has been brought together in the form of a comprehensive database on the Geographical Information System.

Prior to the first Contaminated Land Inspection Strategy, information concerning land contamination was been built up mainly from ground investigations carried out by the City Council itself and from privately funded ground investigations often on areas of land subject to development proposals. The first Contaminated Land Inspection Strategy, published in June 2001 initiated a strategic approach towards the inspection of contaminated land and work has been on-going since this date to both identify sites for inspection and inspect potential sites. Previous Ground investigations of City Council owned land The City Council owns various sites which have had former industrial or otherwise potentially contaminated uses. There has been an on-going programme to investigate these sites by desk top studies and where necessary intrusive investigation. Some of the investigatory works have been funded within the Council’s existing budget while, others have been funded through DEFRAs Supplementary Credit Approvals and Contaminated Land Capital Projects Programme; Other sites are investigated by developers as part of the process of sale. Since 1997 the following sites have been investigated by means of DEFRA (and its predecessors) funding: a). City Stadium Site This site is located in City’s Shieldfield Area and was intended for use as an athletics track. The site was a former landfill operating from 1907 until 1951, built over the culverted Ouseburn.

The site is now used for public open space, recreational fields, sports centre, boys club and working mens club. g). Various Allotment Sites Investigation of various allotment sites identified by Newcastle University in their preliminary study of the City’s Allotments which had received ash from the Byker Heat and Power plant.

22 In addition to the investigation of these sites, the City Council also operates a landfill gas monitoring programme at former landfill sites throughout the City Council’s area. Currently the following sites are being monitored on a monthly basis: Daisy Hill, Walker City Stadium, Shieldfield Denton Dene, Denton Iris Brickfields, Rothbury Terrace, Heaton Throckley Park 2. 6 Ground Investigations on Privately Owned Land Ground investigations are carried out on privately owned land across the City . These may either have been prompted by the owner wishing to know the condition of the land and any liabilities attached to it, or they may be as part of a “ risk assessment” of the land prior to development.

The Ouseburn Partnership, together with the City Council has been instrumental in the on-going work to the Lower Ouseburn. Tyne and Wear Development Corporation operated between 1987 and 1999 carrying out a number of redevelopment projects including the Riverside Business Park, the East Quayside and St. Peters Basin. The organisation continued the development of Walker Riverside following the cessation of Tyne & Wear City Council. One North East, the successor of English Partnership and English Estates, remediated Newburn Haugh, one of the largest regeneration sites in the UK. Government targets for development require Local Authorities to achieve 60% of all new developments to be on ‘ Brown Field’ sites by 2008.

Newcastle City Council is currently achieving around 80%, exceeding its additional LPSA 2001 –2004 target of 75%. Development Controls Development Controls are contained within the City Council’s ‘ Unitary Development Plan’. The following matters are taken into account in determining all applications.

The City Council’s Newcastle Plan encourages the regeneration of ‘ Brown Field’ sites where contamination may be present. Such redevelopment aids the remediation of ‘ contaminated land’ within the City boundaries and develops derelict/under utilised sites. There is close liaison between the City Council’s Planning and Transportation Division and Public Health and Environmental Protection Division concerning planning applications on potentially contaminated land. The Environment Section of Public Health and Environmental Protection views all planning applications made to the Authority. 25 2.

9 The Industrial History of the City Coal has been mined on the banks of the Tyne since at least the thirteenth century. By the seventeenth century Newcastle was a nationally important town based on the wealth created by the coal trade. From that time, the development of early railways and the building of timber ships to transport coal became major activities of the area.

Recreational fields, Middle and Secondary schools. Homes with gardens. 27 (e) 2. 3. 4. 3. 2 Agricultural land.

Controlled Waters Ecosystems (only SSSIs are relevant in Newcastle) Buildings. Current Investigations and Remedial Actions A number of investigations are on-going and have lead to remedial actions taking place. These actions are largely funded through DEFRA’s Contaminated Land Capital Projects Scheme and are outlined below. St. Anthony’s Tar Works St Anthony’s Tar Works operated between 1920 and 1981. There have been several investigations of the site and two previous failed remedial schemes, the last being a pumped treatment system developed in 2000. The site is currently being investigated again with an in depth study of ground water movements, tidal variations and contaminate concentrations, quantities and location being carried out as a joint project between Ove Arup and Partners, the City Council and Queens University Belfast.

The site received no Byker Ash. At the time of the investigations the site was in a serious state of terminal decline with low levels of occupancy and frequent damage caused by anti social behaviour. Walker Road Allotments prior to remediation. The investigations revealed raised concentrations of heavy metals and some organic compounds. Desk top investigations of the site showed that it had previously been the site of a sandstone quarry which had been subsequently landfilled and several small historic collieries. One on-site colliery spoil heap had combusted and burnt for several years prior to the investigations. 31 Walker Road Allotments.

remediation works in progress The site was determined as Contaminated Land and remediated between 2003 and 2006. Remediation was carried out by importing clean soils with some mixing with on-site soils carried out. The former landfill was capped with compacted clays.