8/01/13752 (Final Version

CITY COUNCILSOUTHAMPTON

Contaminated Land:An Inspection Strategy for

Southampton

As required by Part IIA of the Environmental Protection Act 1990

Summer 2001

EXECUTIVE SUMMARY

On April 1st 2000, Part IIA of the Environmental Protection Act 1990 - which was insertedinto that Act by section 57 of the Environment Act 1995 - came into force. The mainobjective underlying its introduction is to provide an improved regulatory regime for theidentification and remediation of land where contamination is causing unacceptable risksto human health or the wider environment. The lead role in operating this regime isassigned to local authorities who are statutorily required to take a “strategic approach” toinspecting their areas and to describe and publish this in a written inspection strategy byJuly 2001. Where sites are identified as being contaminated, according to the definitionwithin the regulations, the authority must determine what the remediation requirementsare and who bears liability. Certain types of site may be designated as “Special Sites” bythe regulations, where the Environment Agency will be the enforcing authority. A publicregister will be maintained by Southampton City Council detailing all regulatory actionsundertaken on land designated as being contaminated.

Southampton City Council proposes an initial five-year programme of inspection runningup to April 2006. This programme will reviewed annually and recommendations will bemade in the 2005 review on meeting the councils future inspection requirements.

Priority will be given to establishing the risks presented to human health, but it isanticipated that impacts on controlled waters and protected areas of the environment willbe established alongside these risks. Council owned property will be inspected alongsideprivately owned land. Where issues do arise concerning council property, actions will betaken to deal with it quickly and efficiently ensuring public safety at all times.

Potential sites are to be identified from a number of primary sources, including historicalmaps, and then assessed and prioritised according to an attributed risk ranking. Acomputer based Geographical Information System will provide the necessary means ofundertaking this task. The Council’s area is to be divided into manageable sub-areas forinspection, each sub-area prioritised for attention according to a risk-based assessment.The identification, assessment and remediation of sites will form part of a rolling process,whereby prioritised sites identified in one sub-area will progress to the next assessmentstage while the following sub-area is analysed. The strategy recognises that there will alsobe a requirement to undertake non-routine inspections within the strategy frameworkwhen, for example, an individual volunteer’s information.

Provisions have been made throughout the strategy to promote consultation andinteraction with other statutory bodies, community groups and Council departments.Where possible the inspection process will integrate with other Council functions.

The Council will support parties wishing to undertake voluntary remediation schemes andwill encourage the sensible re-use of brownfield sites.

Southampton City CouncilContaminated Land Inspection Strategy

The Environmental Protection Act 1990, inserted by Section 57 of the Environment Act 1995, places a duty on local authorities to inspect their areas for contaminated land. To fulfil this duty,Southampton City Council have published and implemented “An Inspection Strategy for Southampton”. This document details how the Council will identify, prioritise and manage sites in their area that fall under the statutory definition of contaminated land.

This document will be available formally bound, for reference only, to all members of the community via the Council’s website (CityWeb), from all public libraries within the Council’s area and from the Southampton Environment Centre.

Paperback versions of the Inspection Strategy and review documents will be available to all Southampton residents and other community group members from Environmental Health on request.

Output from the consultation and review process will be made available with these documents.

Access to the Inspection Strategy

Page No.

Executive SummaryAccess to the Inspection StrategyContents Page

1. Introduction 1

2. Characteristics of the Southampton City Area 7

3. Aims, Objectives and Priorities 17

4. Work Programme 19

5. Council Owned Property 23

6. Inspection Procedures 27

7. Enforcement Procedures 38

8. Liaison and Communication 43

9. Information Management 47

10. Disclosure of Environmental Information 49

11. Review Mechanisms 51

12. Health and Safety 53

Appendix A Work Programme Timetable 55

Appendix B Glossary 56

Appendix C Details of Statutory Consultees 59

Appendix D Non-Statutory Consultees 60

Appendix E References 61

Appendix F Internal Management of the Regime 62

Appendix G Location of Environmental Health Services - 63Pollution and Safety Section

Contents

Southampton City Council is required to inspect land in its area for contamination under Part IIAof the Environmental Protection Act: 1990. This statute came into force on the 1st April 2000 andthis strategy document details how this process will be undertaken.

1.1 Government Policy

Contamination of land arises principally from industrial processes, waste disposal andaccidental spillages of contaminants. If not dealt with adequately it can pose a threat tohuman health, the environment and sustainable economic development.

In this context, the Government’s objectives with respect to contaminated land are:

• to identify and remove unacceptable risks to human health and the environment;• to seek to bring damaged land back into beneficial use; and• to ensure that the cost burdens faced by individuals, companies and society as a whole

are proportionate, manageable and economically sustainable.

The risks presented by any given level of contamination will vary greatly according to theuse of the land and a wide range of other factors, such as the underlying geology of thesite. In recognition of this the Government considers a “suitable for use” approach indealing with contaminated land the most appropriate. This consists of three elements andis the basis to the current UK legislation dealing with contaminated land:

• ensuring that the land is suitable for its current use;• ensuring that land is made suitable for any new use, as official permission is given for

that new use;• limiting requirements for remediation work in relation to the current use or officially-

permitted future use of the land.

1.2 The Aims of Southampton City Council

Land contamination has significant impacts on both the environment and the economy.As a regulator, land owner and planning authority Southampton City Council is presentedwith a number of responsibilities as a result of legislation and government guidance:

• to ensure compliance with and enforcement of statute;• to protect human health and the wider environment;• to ensure that where redevelopment of sites take place within the City that the process

deals effectively with any land contamination;• to address the liability issues associated with the Councils existing land holdings and

avoid any new liability associated with land acquisitions;• to ensure that procedures are in place for the open provision of information concerning

land contamination to the public, developers/property surveyors etc;• to encourage market confidence in the redevelopment of brownfield sites in the city.

These are approached in the context of the City Councils own Corporate Strategy.

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Chapter 1 Introduction

The primary aims of the City Council, set out in the City Strategy, are:-

COMMUNITY - To develop working partnerships with the community.

QUALITY OF LIFE - To improve the quality of life for all people in the City.

QUALITY OF THE ENVIRONMENT - To protect and improve the physical fabric of the City.

MOBILITY - To reconcile the need for increasing safety, cleanliness and environmentalattractiveness with the need for better access and convenience for all sections of the community.

PROSPERITY AND FULL EMPLOYMENT - With significant proposals in the pipeline for retail,office and industrial developments, job creation efforts are being channelled to specific groups,sectors and locations, through proposals contained in the Economic Development Plan.

SOUTHAMPTON’S REGIONAL ROLE - With the City serving more than its residents, being ashopping, tourist, office, education and industrial centre for a large surrounding area, toensure that the Council develops this regional role, strengthening its ties with Europe, butremaining sensitive to the effects of such growth on the City’s residents and its neighbours.

1.3 Current Related Activities of Southampton City Council

A number of schemes and policies are currently supported by the council that fulfil therequirements of the city strategy and deal with ground quality issues. These have beenrecognised in the summary below:

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Activity

Consultation withCommunity and BusinessGroups

Access to Information

Regulation of Town andCountry Planning

Regulation of BuildingControls

Leading Department

Development Planning andPolicy- Environmental PolicyGroup

Community InvolvementTeam

Landcharges

Development Control

Building Control

Scheme/Policy/Statute

City Sustainability ForumSouthampton EnvironmentCentre: SIEnA

Community Action Forums

In accordance with LocalGovernment Act andEnvironmental InformationAct.

In accordance with PlanningPolicy Guidance: Planningand Pollution Control andDOE Circular 11/95 The Useof Conditions in PlanningPermissions.

In accordance with BuildingRegulations 1991


1.4 Regulatory Context

Current and future pollution is tackled by a range of legislative means, the mostsignificant being the Pollution Prevention and Control regulations and the WasteManagement Licensing regulations.

However, a substantial legacy of already contaminated land exists in circumstances wherethere has not been any identifiable breach of a pollution prevention regime. Variousestimates have been made of the extent of the problem. Recently, the EnvironmentAgency has estimated that there may be some 300,000 hectares of land in the UK affectedto some extent by industrial or natural contamination. The regeneration process dealswith much of this, ensuring that new developments incorporate any necessaryremediation on the basis of its proposed new use.

1.5 Environmental Protection Act 1990: Part IIA

In respect to problems associated with current land uses Local Authorities have relied uponlong-standing powers found in mid-19th century legislation which created the concept ofstatutory nuisance. These were codified in the Public Health Act 1936. The need tomodernise this regime in relation to contaminated land has been recognised since theearly 1990’s. Following consultation on a 1993 White Paper entitled “Paying for our Past”,The Environment Act 1995 inserted a new section (Part IIA) into The EnvironmentalProtection Act 1990. Another Period of detailed consultation followed this enablinglegislation, and the regulations and statutory guidance finally came into force on the 1stApril 2000.

The contaminated land regime under Part IIA of the Environmental Protection Act 1990provides an improved system for the identification and remediation of land wherecontamination is causing unacceptable risks to human health or the wider environment,assessed in the context of the current use and circumstances of the land.

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Enforcement ofEnvironmental Legislation

City Regeneration

Sustainable EconomicDevelopment

Major Landholders

Environmental Services &Consumer Protection

Community Regeneration Division

Development Planning andPolicy- Environmental PolicyGroup

Housing Recreation and LeisureSocial ServicesEducation

In accordance withEnvironmental ProtectionAct 1990 and EnvironmentAct 1995.

Southampton RegenerationPartnership, Four YearProgramme

“Action for Living”

In accordance with currentgovernment legislation andguidance.

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1.6 The Roles of the City Council and the Environment Agency

Local authorities have been given the primary regulatory role under the Part IIA regime asthey have historically had responsibility for dealing with any statutory nuisance caused byland contamination and are also the lead authorities on land use planning.

The local authority has a duty:

• to cause their areas to be inspected for contaminated land;• to determine whether any particular site meets the statutory definition of

contaminated land;• to act as the enforcing authority for all contaminated land, unless the site meets the

definition of a “special site” (in which case the Environment Agency will act as the enforcing authority);

• to record information on a public register about their regulatory actions.

The Environment Agency has a secondary regulatory role in assisting local authorities,providing site-specific local guidance, dealing with “special sites” and publishing periodicreports on the state of land contamination nationally.

1.7 Defining Contaminated Land

A legal definition of contaminated land is given in Section 78A(2) of Part IIA of theEnvironmental Protection Act 1990.

Contaminated land is any land which appears to the local authority in whose area it issituated to be in such a condition, by reason of substances in, on or under the land, that:

a) significant harm is being caused or there is a significant possibility of such harmbeing caused; or

b) pollution of controlled waters is being, or is likely to be caused.

Section 78A(5) requires the regulatory authority to act in accordance with guidance issuedby the Secretary of State in determining significance and likelihood.

1.8 Pollutant Linkages and Risk Assessment

The definition of contaminated land is based upon the principles of risk assessment. For asite to meet the definition of contaminated land, a pollutant linkage must be established.A pollutant linkage consists of three parts:

i) A source of contamination, in, on or under the ground.ii) A pathway by which the contaminant is causing significant harm (or which presents a

significant possibility of such harm being caused).iii) A receptor of a type specified in the regulations

The statutory guidance lists the receptors recognised by the regulations, which can besummarisedas:

• Human beings

• Ecological systems or living organisms forming part of a system within certain protected locations.e.g. Site of Special Scientific Interest (SSSI).

• Property in the form of buildings.As defined by the Town and Country Planning Act 1990.

• Controlled Waters, including surface waters, major aquifers, drinking water abstractions and source protection zones.

• Property in the form of animals or crops

If a pollutant linkage exists then the following factors are taken into account in decidingwhether significant harm is being caused or if there is a possibility of significant harmbeing caused:

• the nature and degree of harm;• the susceptibility of the receptors to which the harm might be caused; and• the timescales within which the harm might occur.

This forms the basis of a ‘conceptual model’ used to make an assessment of the risksassociated with a site. The statutory guidance stipulates that any information used in suchan evaluation must be:-

• scientifically based;• authoritative;• relevant to that assessment;• appropriate to purposes of Part IIA.

Further qualitive criteria on this subject is provided in the statutory guidance.

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SOURCE PATHWAY RECEPTOR

1.9 Dealing with Contaminated Land

If an area of contaminated land has been identified, the approach for dealing with it willbe the same regardless of whether the local authority or the Environment Agency is theregulator. There are four main stages to this approach:

i) To establish who is the “appropriate person” to bear responsibility for the remediation (or “clean-up”) of the land.

ii) To decide what remediation is required and to ensure that this occurs, through:

• reaching a voluntary agreement;• serving a remediation notice, if agreement cannot be reached;• carrying out work themselves, in certain circumstances.

iii) To determine who should bear what proportion of the liability for meeting the costs of the work.

iv) To record certain information about regulatory action on a public register.

1.10 Development of the strategy

All local authorities are required to take a strategic approach to inspecting land in its areafor contamination.

The statutory guidance requires that the approach adopted should:

• Be rational, ordered and efficient.• Be proportionate to the seriousness of any actual or potential risk.• Seek to ensure the most pressing and serious problems are located first.• Ensure that resources are concentrated on investigating areas where the authority is

most likely to identify contaminated land.• Ensure that the local authority efficiently identifies requirements for the detailed

inspection of particular areas of land.

They must set out this approach as a written strategy, which must be published by July 2001.

1.11 Internal Management Arrangements

Historically Environmental Health Services have had the responsibility to deal withContaminated Land under the statutory nuisance regime. It has therefore been a logicalstep for the same department to deal with the implementation and operation of the PartIIA regime.The internal structure of the Division in relation to Part IIA responsibilities is illustrated inAppendix F.

The Principal Environmental Health Officer and Scientific Officer will deal with the day-to-day operation of the strategy once approved by elected members. Formal correspondenceand remediation notices will only be served subject to consultation with the Pollution andSafety Manager and Legal Services. Development and maintenance of any electronic datamanagement systems will utilise the council’s Computer and Printing Services.

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This Section provides the background to the Southampton City area and explanation of how thisinfluences the council’s approach to the inspection of contaminated land. It will also enable faircomparison with other authorities.

2.1 Geographical Details

The City of Southampton is located centrally on the South Coast of England. The lowertidal reach of the River Test forms a natural boundary to its Southwest, while the RiverItchen dissects the City North to South. These rivers merge to create a major channel(Southampton Water) joining the Solent.

The Southampton City area covers 4,984 hectares of land (approximately 19 square miles).Another 639 hectares exist within the Council’s boundaries as waterways (Itchen and TestRivers, and Southampton Water).

The City’s neighbouring authorities are New Forest District, Test Valley District andEastleigh Borough Councils.

Map 2.1: Southampton City Council Area

2.2 Current Land Use Characteristics

Southampton with Portsmouth and its neighbouring districts forms the largest urbanconcentration in the South East outside London. Its sheltered coastal location offers anumber of natural advantages as a collecting and distributing centre for sea freight. Thiswas recognised by the Romans in the first century AD. Today its key economic identityremains that of a commercial sea port catering for both freight and passenger vessels.Around this has developed a wide range of industrial processes, a regional retail centre andextensive residential areas.

The Office for National Statistics recorded a resident population of 215,000 forSouthampton City in 1999. The student population from the Higher Educationestablishments has been estimated to contribute up to 32,000 to this figure. Theresidential areas are distributed evenly over the region, occupying approximately 53% ofthe area. The other key land uses have been identified as Recreation/Open Space andCommercial/Retail, occupying 16% and 18% of the land respectfully. The Dock area isestimated to represent a further 6% of the land use.

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Chapter 2 Characteristics of the Southampton City Area

SouthamptonCity Council

Test ValleyDistrictCouncil

New ForestDistrict Council

EastleighBorough Council

2.3 Key Historical Developments

The City has developed progressively over many centuries with the coalescence of ruralsettlements such as Bitterne, Swaythling, Redbridge, and Old Shirley and the developmentof former public country estates. The availability of land in the past has not necessitatedthe density of development, characteristic of many other cities and this has resulted inSouthampton’s characteristic open spaces (such as the central parks and Common) andlow rise skyline.

The following timeline highlights key industrial moments in the city’s history. Potentiallycontaminating industries such as ship builders, timber yards, gasworks and power stationsare known to have existed. Large scale land reclamation to create the dock areas,backfilling of former mineral workings and a number of poorly documented waste landfillsites present similar concerns. Historical shifts in land use, caused by changing economicfortunes and extensive bombing during the second world war, may have lead to such sitesbeing put to a sensitive use such as housing or recreation. Similarly current demands onland for redevelopment can result in past activities compromising present requirements.

Figure 2.1 : Southampton City Timeline

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2 Characteristics of the Southampton City Area

1st Century AD

<1000

>10001200’s

1400’s1600’s

1740’s1796180218201821

1840

1843

1879

18711890

Event

Clausentum-Trading port established at

Bitterne Manor.Hamwic-established by Saxons inthe St Mary’s area.Settlement flourishes through trade and spreadsto the Above Bar area. Becomes known asSouthampton.Town walls and Bargate built

Town has become prosperous through trading inwine and wool.Trade Declines.

Finds favour as a spa town.Redbridge to Andover canal opened.Andover canal linked to NorthamGas arrives. Works built at Northam.Population reaches 13,000.

Railway arrives with opening of Terminus TerraceStation.First stage of Eastern Docks opens (now OceanVillage).Redbridge Railway Works established at RedbridgeWharf.Population reaches 48,000.Docks extended. Fruit imports start.

Period

Roman:

Middle Ages:

Renaissance:

Georgian England:

Victorian England:

2.4 Protected Locations (Sites of Ecological Importance)

Despite being a major City, Southampton is well provided with natural features and openspaces. The following sites have been recognised as having particular ecologicalsignificance.

1. Test Valley Part of the Lower Test Valley SSSI lies within Southampton City. This reservecomprises of a patchwork of saltmarsh, brackish grassland, reedbeds and old haymeadows. It is also part of the Solent and Southampton Water Special Protection Area(SPA) and Ramsar, and the Solent Maritime candidate Speical Area of Conservation (cSAC).

2. Southampton Common This is designated as a Site of Special Scientific Interest (SSSI).It is dominated by parkland, but supports a variety of other habitats.

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20th Century: Early 1900’s

19001904

190119021909

191119131914

1920’s

1923

19331934

1939-4519501953

19641968

1997

2000

2001

Gravel, sand and clay extraction commonthroughout area.First electric trams.Thorneycroft’s, shipbuilders relocate from Londonto Woolston. Latter merge with Vospers.Population reaches 104,000.General Hospital opens.Corporation Power Station constructed at WesternEsplanade. Demolished 1976.Further extension to Eastern Docks.Pirelli’s first established at Western Esplanade.Work starts on construction of a rolling mill atWoolston, including a coal fired power station toprovide power, gas and steam. Later becomesRoyal Naval Stores.Southampton becomes largest passenger port incountry.British Marine Air Navigation run flying boats fromWoolston.King George V dry dock opens.Western Docks completed (Including reclamation of Western Esplanade area).Building of the Spitfire plane starts atSupermarine, Woolston.Heavily bombed during WW2.Town centre rebuilt.Ford Motor Company take-over former aircraftfactory at Stoneham.Gains city status.Western docks further expanded to createcontainer terminal.Southampton City Council becomes UnitaryAuthority.West Quay shopping centre opens on formerPirelli’s site.Southampton Football Club relocate to newstadium on former gas works site, Northam.

3. Weston Shore Mudlands and ( River Itchen Mudlands The River Itchen and Weston ShoreMudlands are part of the Lee-on-Solent to Itchen Estuary SSSI. The inter-tidal shorelinesupports a wide diversity of invertebrates which in turn attracts a variety of wading birds.In recognition of this it is also designated as a Ramsar site under the Convention ofWetlands of International Importance and a Special Protection Area (SPA) under the ECDirective on the Conservation of Wild Birds.

4. Chessel Bay Designated a Local Nature Reserve as the only remaining long stretch ofnatural shoreline in the lower stretches of the River Itchen. The site is predominantlyinter-tidal mudland, with woodland along the eastern boundary. The mudlands are alsodesignated as part of the River Itchen Mudlands. It is also part of Lee-on-Solent to ItchenEstuary SSSI, Solent and Southampton SPA/Ramsar and the Solent Maritime cSPAC.

5. River Itchen Watermeadows This forms part of the Itchen Valley Country Park and in theownership of Eastleigh Borough Council. It is recognised within the River Itchen SAC.

6. River Itchen The non-tidal stretch of the River Itchen, north of Woodmill, is recognisedas an SSSI and special area of conservation (SAC) designated order the EC Directive on theConservation of Natural Habitats and of Wild Fauna and Flora.

7. Land South of Monks Path This area supports a variety of habitats, including roughgrassland, reedbeds, scrub and broad-leaved woodland and is included within the RiverItchen SSSI.

Numerous other sites, which are not statutorily designated, are recognised by the CityCouncil as having particular ecological value and are managed and protected as suchwithin the Local Plan. Since 1983 the City Council has established a network of eightGreenways. These are ribbons of open space which follow stream valleys and formvaluable breaks in the urban landscape. Of these Greenways, Lordswood has beendesignated a Hampshire Countryside Heritage Site. Another a Hampshire CountrysideHeritage Site, Netley Common, lies within the Southampton boundary. Although notrecognised as receptor within the context of paragraph A23 of the statutory guidance,these sites are recognised by the Council for their ecological and amenity value and will begiven due consideration if affected by investigation or remediation work during theimplementation of this strategy.

Map 2.2:Designated Sitesof Ecologicalimportance

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21

3

3

4

6

57

Based on the Ordnance Survey’s 2000 map with permission of the Controller of Her Majesty’s Stationery Office. CrownCopyright Reserved. Unauthroised reproduction infringes Crown Copyright and may lead to prosecution or civil proceedings.Southampton City Council Licence LA079340, 2000.

2.5 Key Property Types

The 1996 County List of Scheduled Monuments, compiled by the Department of CultureMedia and Sport, lists 41 sites in the City that are protected under the 1979 AncientMonuments and Archaeological Areas Act.

More than 400 buildings are statutorily designated as Listed Buildings (16 Grade I, 22Grade II*, 369 Grade II). The City Council also maintains a Local List of some 100 buildingsthat are of particular interest, though not protected by statute. The list is currentlyrestricted to the SRB II area, but will be extended to the whole City.

The County List designates 19 Conservation Areas where the character and historicalimportance of the neighbourhood is protected.

The 1995 City of Southampton Local Plan designates 15 areas of archaeological importance.Sites outside those areas are designated as of potential importance.

The City Council’s Heritage Conservation Unit reviews all planning proposals that mayhave an impact on the built or archaeological heritage.

2.6 General Geology

The geology beneath the City has been established from the British Geological Survey1:50,000 scale geological map, sheet 315, Southampton, Solid and Drift, 1987.

Reference to sheet 315 shows the area to be underlain by a sequence of Quaternary andTertiary deposits.

A simplified geological succession can be presented as:

Age Strata Thickness

Recent Made Ground 1m-4m

Quarternary Estuarine Alluvium/ Up to 10m

Channel Deposits

River Terrace Deposits 1m-7m

Bracklesham Group 70m-150m

Tertiary London Clay 53m-114m

Reading Formation 15m-32m

Upper Cretaceous Chalk depth; up to 250m

Three types of Made Ground exist in Southampton. The first can be found in the olderparts of the city and consists mainly of rubble derived from previous buildings. The secondtype is that found filling worked-out gravel-, sand-, and clay-pits. It varies considerably,consisting of building rubble, domestic refuse, commercial waste and overburdenproduced during the pit operation. The third type of Made Ground is reclaimed land. Thedock complex at Southampton consists mainly of river dredgings built over the EstuarineAlluvium. Pockets of commercial and domestic waste also exist within this.

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The Estuarine Alluvium/River Channel deposits comprise of a range of soils consisting ofpeat, sandy clays and silts with occasional pockets/bands of sands with some shells.

Extensive spreads of River Terrace Deposits occur along the valleys of the rivers Test andItchen. The deposits are mainly gravels made up of flints with a considerable sand contentand some clays and loams.

The Bracklesham Beds consist of inter-bedded sand and clays with clay laminae. Thepresence of the mica mineral Glauconite can distinguish some of these strata by a greencolouration.

The London Clay comprises of five sedimentary cycles of clay to silt to sand. Sporadicclaystone is present and thin but laterally continuous beds of rounded flint pebbles occurat the base of each cycle.

The Reading Formation consists of red mottled clays and clay-breccias, sands and pebble beds.

The Upper Chalk is a white to greyish white microcrystalline limestone with layers ofmodular flints at many levels.

2.7 Structural Geology

Tertiary strata dip very gently (1 to 3∞) to the South and Southwest, forming part of thesouthern limb of the Portisdown Anticline. No other significant geological features areidentified on the 1:50,000 scale map.

2.8 Hydrology

The tidal reaches of the Test (1) and Itchen (2) dominate the City landscape. They originatefrom the chalk downs to the North and provide approximately 17 miles of foreshore withinthe City area. The tidal cycle in the Solent region is characterised by a double high water, dueto the influence of the Isle of Wight. The low water period exposes extensive mudflats onboth channels and Southampton Water (3). The quality of these estuaries is as currentlyclassified by the Environment Agency as NWC tidal class A (Good Quality) for the upperreaches while the lower reaches gain NWC tidal class B (Fair Quality). The upper, non-tidalreach reach of the Itchen at Woodmill is given a grade B for both biological and chemicalwater quality.

Map 2.3: MajorCatchments

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2 Characteristics of the Southampton City

1

2

3

4

5

6

7

8

Based on the Ordnance Survey’s 2000 map with permission of the Controller of Her Majesty’s Stationery Office. CrownCopyright Reserved. Unauthroised reproduction infringes Crown Copyright and may lead to prosecution or civil proceedings.Southampton City Council Licence LA079340, 2000.

The City catchment is also drained by a number of major tertiary streams; Tanners Brook 4,Holly Brook (5), Monks Brook (6), Sholing/Weston Stream (7) and Westwood Stream (8).These are fed predominantly by surface run off and are therefore characterised by flashyflows. This affects the water quality and restricts bio-diversity. The Environment Agencyreports no surface water quality failures attributable to contaminated land within the cityarea.

2.9 Hydrogeology and Water Resources

The Environment Agency identifies the Plateau Gravels and Reading Beds as MinorAquifers. Their Groundwater Vulnerability map of Southern Hampshire, sheet 52, scale1:1000,000 identifies no Source Protection Zones and classifies the soils as High LeachingPotential. However, the soil information for urban areas is based on fewer observationsthan in rural area, therefore a worst case vulnerability classification is assumed untilproved otherwise.

Site investigations undertaken in the area have also identified near surface groundwaterswithin made ground, alluvial deposits and the Bracklesham Group. These can exist asconfined and perched aquifers within the respective strata and can typically beencountered within one to two metres below ground level.

Groundwater flow will tend towards the surface water channels and can be in hydrauliccontinuity with the surface channels if in close proximity. Saline intrusion into these bedscan also be observed within the tidal influence of the Rivers Test and Itchen.

A major aquifer exists within the cretaceous deposits found at depth, with the uppertertiary deposits forming an effective aquiclude. No private or commercial drinking waterabstractions exist within the City. Southern Water plc abstracts the cities drinking waterfrom the River Test and chalk aquifer at locations North of the City.

The Environment Agency has issued an abstraction licence to Southampton’s DistrictHeating Scheme for the purpose of pumping deep groundwaters as a geothermal energyresource.

A number of abandoned wells do exist across the City, most notably Britain’s deepestartesian well found on The Common reaching 1,317 feet.

No bathing waters have been designated by the Environment Agency along the tidalforeshores but a shell fish water has been listed within Southampton Water.

2.10 Known Information on Land Quality

Much of the data currently held by the City Council concerning land quality has beenacquired via the planning process and concerns of statutory nuisance. Enquiries madeduring the marketing and acquisition of land by the Council itself has also provided someinformation. In order to aid the council in identifying potential sources of contaminationfrom historical land uses Environmental Health Services purchased digitised pre-warhistorical maps and datasets from the Landmark Information Group in 1999. This hasaided the initial evaluation of sites in-house.

A number of major sites and key land uses within the city have so far been identified:

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2.10.1 Waterfront Areas, Former Docks and Wharves

Many of the cities waterfront areas are reclaimed ground. The Western and Eastern Dockswere constructed on former mudflats using, mainly, hydraulic fill originating fromSouthampton Water. Some infilling included the use of building and domestic waste, asdid the backfilling of disused dry docks.

Many of the commercial waterfront areas have included the construction of quays ontothe mudflats. Subsequent infilling between these to extend the sites area has been notedas a common characteristic. The nature and quality of the fill material together with thepresence of heavy industrial processes on these sites can present some land quality issues.

2.10.2 Former Mineral Extraction Sites

Clay, gravel and sand workings are a common feature throughout the area. Many of thesehave now been reclaimed. Domestic, Building and commercial wastes have so far beenidentified as fill materials in such sites.

2.10.3 Former Landfill Sites

A number of poorly documented landfill sites have operated within the city. Some havebeen identified and investigated as part of development proposals.

In 1989 the Council undertook a programme to identify and assess landfilled areas. 14such sites were identified and investigated. Of these a further 9 were selected for furtherstudy.

2.10.4 Industrial Processes

The redevelopment of former industrial sites for more sensitive land uses has identifiedvarying degrees of contamination across the city. The 43 acre site formerly occupied by theRoyal Naval Stores was remediated prior to redevelopment and monitored by the CityCouncil throughout the project. Southampton Football Club’s new stadium occupies partof the Northam gas work sites and contamination on the site has necessitatedremediation appropriate to this new land use.

Numerous, smaller brownfield developments have required attention due to the presenceof former industrial process including paint works, wood treatment, boatyards and carbreakers. The council maintains records of these investigation works and remeditionschemes.

2.10.5 Underground Storage Tanks

The leakage of liquids from underground tanks can easily go undetected until a significantproblem arises. The loss of petroleum spirits from such tanks has occurred in the City andremedial work has been necessary to deal with the escaped liquid.

Petroleum records and derelict tank records are kept and maintained by the Council andcan be used to establish any potential for such incidents to occur where petroleum liquidsare kept.

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2.11 Non-Anthropogenic Hazards

Naturally occurring substances found on, or in the ground, can present hazards to humanhealth and/or the wider environment and need consideration when characterising an area.

2.11.1 Naturally Metal Enriched Soils

The presence of elevated levels of metals in the ground can be a result of naturalgeochemistry. The Soil Survey and Land Research Centre (SSLRC) based at CranfieldUniversity have created a National Soil Inventory, which contains topsoil concentrations ofinorganic contaminants in ‘undisturbed’ soils across England and Wales. Enquiries arecurrently being made with the SSLRC to evaluate the merits of obtaining such data for theSouthampton area.

2.11.2 Land Gas

The extensive reclamation of saltmarshes and intertidal mudflats along Southampton’swaterside has resulted in tracts of land underlain with estuarine alluvium, containing peatand organic silty clay. This has the potential to produce land gas and monitoringprogrammes undertaken prior to the redevelopment of such sites has identified the needto install gas protection in many cases.

2.11.3 Radon

The British Research Establishment, report BR211-1999 Edition, identifies areas of low radonpotential in the Southampton City Council area. This assessment has been based ongeological data and may require new dwellings (including extensions to existingproperties and changes of use) to include basic protection for radon. To ascertain ifmeasures are required the developer should obtain an “Advisory Report on theRequirement for Radon Protection Measures in New Dwellings” by contacting the BritishGeological Survey.

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16

The statutory guidance requires the Council to set out its aims, objectives and priorities withrespect to the Inspection Strategy.

The principal means of dealing with land contamination in Southampton is anticipated to remainin the planning process as the demand for redevelopment sites becomes ever increasing.

3.1 Introduction

This document has been produced to demonstrate how Southampton City Councilproposes to inspect its area for contaminated land in accordance with the statutoryrequirements set under Part IIA and with regard to its individual characteristics.

The Council has not previously undertaken an active assessment of land quality to thisscale. Therefore, particular reference has been made throughout its development to“Contaminated Land Inspection Strategies-Technical Advice for Local Authorities” issued bythe DETR(12).

Based on the appraisal of the characteristics of the Southampton area the followingprinciple will be applied in prioritising the inspection process.

The inspection process will prioritise the identification of risks to human health.This decision recognises the primary role of the council’s Environmental Health Division,Southampton’s urban/industrial environment and the density of population and humanhealth receptors in the city. Surface and Ground waters have been identified as being ofa generally low resource value.

However, it is anticipated that significant impacts on key receptors, other than human health, will still be readily established during the initial inspection programme.

All potential sites will be prioritised according to a risk-based assessment.

Prioritisation of other key receptors will be based on advice and information obtained fromstatutory consultees, other Council departments and specialist organisations such as theHampshire and Isle of Wight Wildlife Trust.

3.2 What Do We Want To Achieve?

The strategy will inform all interested parties of the council’s intentions and provide amechanism for consultation and interaction with all concerned bodies. The adoption andimplementation of this strategy will provide the city with an effective means of dealingwith historical ground contamination, provide a focus to deal effectively with all landquality issues and contribute data to the Environment Agency’s national report on groundcontamination.

Sets out below are five key aims that the council intends to achieve in managing groundcontamination within the city. These are overall aims that interlink with, and aresupported by activities other than Part IIA. However, the Part IIA duties remain the focusof this strategy.

Although the order in which the aims have been listed is arbitrary, the priorities identifiedwith each do reflect the order in which the council will approach each.

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Chapter 3 Aims, Objectives and Priorities

Aim 1 To achieve environmental improvement

Objectives * Identify those sites where land is presenting unacceptable environmental risksand ensure remediation takes place.

Priorities * Prioritise risks to human health above all others.* Prioritise sites for inspection on the basis of environmental risk.* Ensure efficiency by directing effort where there is a high incidence of

potential sources and sensitive receptors and away from areas already being dealt with via redevelopment).

Aim 2 To lead by example when managing ground contamination and its own land holdings

Objectives * Identify council-owned/occupied sites with land quality issues

Priorities * Identify those sites where land is presenting unacceptable environmental risksand ensure remediation takes place.

* Ensure all land transactions adequately deal with ground contamination issues.* Ensure public confidence in the Council’s assessments

Aim 3 To encourage regeneration and redevelopment

Objectives * Ensure the regeneration process adequately deals with ground contamination.

Priorities * Ensure the council acts in accordance with PPG3 and PPG 23.* Provide information to ensure the adoption of appropriate planning policies.

Provide information to assist the council’s contribution to city regeneration projects.

Aim 4 To fulfil the council’s responsibilities with respectimplementing Environmental Legislation

Objectives Ensure the Inspection Strategy and its implementation meet the requirements of Part IIA

Priorities * Adopt a rational, ordered and efficient approach to inspection.* Focus on identifying most pressing and serious problems first.* Implement and undertake inspection process on time and in accordance with

the strategy.

Aim 5 To raise awareness and promote understanding of land contamination issues

Objectives * Encourage a proactive approach amongst landowners and potential polluters towards the investigation and remediation of land.

Priorities * Undertake a thorough process of consultation prior to adopting the InspectionStrategy.

* Adopt a transparent approach to implementing the Strategy.* Develop effective procedures for communication, liaison and information

exchange.

Aim 6 To take all appropriate measures to conserve wildlife, geology and heritage sites in the implementation of Part IIA

Objectives * Ensure all procedures are undertaken in accordance with other statutory responsibilities and the furthering of Agenda 21.

Priorities * Establish consultation procedures with all relevant parties.* Act upon information supplied on all designated receptors and other protected

property, species, etc.* Ensure no further detrimental effects to the environment occur due to the

investigation process or remediation work.

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3 Aims, Objectives and Priorities

A five-year plan has been proposed, composing of a review of previously investigated andremediated sites, a three-year systematic region by region analysis of the city and a two-yearperiod of specific investigation and re-analysis. A full review will take place in year five torecommend a strategy beyond 2006.

4.1 Consultation, adoption and publication of strategy (April 2001 - July 2001)

Prior to formal adoption and publication this Inspection Strategy underwent a process ofinternal and external consultation.

A draft document was made available for comment to council departments and members,statutory consultees, community groups, businesses and the general public by publicationon the council’s website, CityWeb (paper versions were made available on request). Thesegroups were invited to participate via a programme of internal e-mail broadcasts, directmailing and a press release. The Internal Contaminated Land Working Group aided inidentifying specific groups. A period of one month was allowed for replies and all statutoryconsultees were requested to make a formal written response to confirm theirinvolvement in this process.

The draft document was produced in accordance with the DETR technical guidance, whichat the time was only available in draft form. It was therefore accepted that furtherchanges to the final document may have been required in order to comply with thefinalised technical guidance.

Feedback from the consultation process and amendments forced by the revised technicalguidance where duly accounted before presenting the final stategy document toCommittee for adoption in July 2001. Following adoption the Inspection Strategy wassubmitted to the EA.

A response to the consultation process is included within Appendix H, listing thesignificant comments and the way in which they have been dealt with in the finaldocument.

4.2 Data Collection (January 2001 onwards)

Work has already begun in developing the Council’s GIS to undertake specific tasks andassembling data for the inspection process. A data set of current land uses has beendeveloped in-house, detailing sensitivity of human health receptors to land contamination.The Landmark analysis of historical maps is also available, identifying up to 1200potentially contaminating features. Other tasks requiring initial attention will include thedigitising of protected sites from maps included within the Local Plan, gathering andformatting data from statutory consultees and other organisations, and identifying thecities sub-regions in digital form.

A review of sites known to have undergone remediation prior to development and sitespreviously investigated by the Council is already underway. This will enable the data set ofpotential sites to be updated prior to initial analysis, identify sites of concern and allow theCouncil to instigate a management and monitoring programme where required.

The collection and updating of data is envisaged as being a continuous process allowingchanging land uses to be monitored and new sources of data to be recognised.

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Chapter 4 Work Programme

4.3 Review of 1991 Landfill Studies (January 2001 - September 2001)

The studies conducted between 1990 and 1991 identified 13 sites suspected as beingformer waste landfill sites, based on anecdotal evidence supplied by a former CountySurveyor. Desk studies were undertaken on all sites and 9 were identified as presenting apotential risk of a gas hazard and were investigated further. One site was identified aspresenting a significant risk and a remediation scheme was introduced. Since this workwas undertaken no formal programmed re-inspection or management of these sites hasbeen undertaken. A review of these studies is to be undertaken to evaluate risks otherthan ground gas and identify the need for further action.

4.4 Review of Known Developments (April 2001 - December 2001)

The archive holds records on a number of large scale development programmes that

identified land quality issues. Remediation schemes and records of implementation areincluded in many e.g. Royal Naval Stores, Ocean Village. These are to be reviewed as partof the inspection process at an early stage. Those sites identified as having beenadequately dealt with may then be removed from the data sets to be analysed during theroutine inspection.

4.5 Systematic Inspection; Initial Pass (June 2001 - June 2004)

The collection of data and its conversion to a digital format for GIS analysis is anticipatedto allow work to begin on the routine, region by region inspection by July 2001. Thesystematic analysis of the initial data is programmed to take three years and will prioritiseidentifying risks to human health. The first pass will use a risk-based model (detailed insection 3) to analyse the Landmark data and EA landfill data against the land use data setdeveloped in-house. This will result in the selection, prioritisation and verification ofpotentially contaminated sites within each region and their subsequent investigation andremediation as part of a rolling programme.

At the end of this period sites will fall into one of the following categories;

• land determined not to be contaminated land.• land requiring further investigation.• land undergoing investigation.• land undergoing remediation.• land remediated.

Those sites requiring further investigation will be processed according to the schemeoutlined in Chapter 6.

The level of work generated by these sites cannot be anticipated at this stage. AnnualReviews will be able to provide a better picture of this and only when the initial inspectionpass has been completed can a full and prioritised scheme of work be proposed. However,those sites identified as being of top priority will be dealt with during this phase.

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4 Work Programme

4.6 Threats to Controlled Waters and Protected Areas of the Environment(April 2004 - March 2005)

It is anticipated that the routine investigation of the city focusing on the risks to humanhealth will bring to light information that will reveal any threats to other key receptorsposed by contaminated land. If any evidence demonstrates a need for urgent action thiswill be taken as soon as is practicable. If, however, the evidence is not conclusive theseareas will be included in specific investigations once the initial inspection of the city iscomplete. A re-analysis of the city using the risk based model on these key receptors atthis stage should provide a more complete picture. Consultation with relevant statutoryconsultees and Council departments will be sought in identifying and prioritising thesereceptors.

4.7 Systematic Inspection; Second Pass (April 2001 - June 2004)

Data made available during the initial inspection will be fed back into the model allowingregions and sites to be re-prioritised and new sites to be identified. Potential “hot spots”within the city may be identified during this period. As map based data alone may notgive a clear picture on such areas they may be re-analysed using other data sources, suchas that available from trade directories at this stage.

This pass will only benefit from the inclusion of improved receptor data sets added later inthe scheme.

4.8 Final Review (July 2005)

A full review document will be published in 2005 detailing the work so far undertakenwithin this strategy and make recommendations on future requirements.

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4 Work Programme

22

As a major landowner the Council must ensure that it has in place appropriate mechanisms to manage ground quality issues.

5.1 Introduction

In addition to the activities being undertaken under Part IIA, the need for a proactivemeans of approaching land contamination within current procedures has been recognised.The Environmental Health Services and those departments with land holdings aretherefore implementing measures to ensure that ground contamination is given theappropriate level of consideration during:

* Asset Management Plans* Land Transactions* Ground Development Projects

5.2 Council Ownership of Land

Southampton City Council owns a large portfolio of land and properties. This includes citylibraries, council offices, museums and many of the retail units. With regard to groundcontamination there are a number of key land use types amongst these landholdings.

A full inventory of council owned property (other than social housing stock) is held by theCouncil’s Property Services Division.

5.2.1 Recreation Fields, Parks and Open Spaces

The City has an abundance of public open spaces spread throughout its area. Theseinclude a 68 acre Sports Centre, 18 hole golf course and 8 city centre parks (including 240acres on The Common). There are 23 allotment sites and numerous other parks, playingfields and open spaces. Since 1983 many of these have been managed as part of the 8stream valleys in the city designated as Greenaways, substantial ribbons of open spaceused to improve the city landscape, preserve wildlife and provide recreational facilities.

5.2.2 Education

The City Council has 91 school sites under its control including 14 secondary schools and 65primary sector schools.

5.2.3 Community Buildings

Throughout the city there are a number of community centres, youth centres and scouthuts under council ownership.

5.2.4 Social Services

Included in this category are childrens homes, day centres, hostels and retirement homes.

5.2.5 Contract Services

The council’s Contract Services operate 4 depots and a plant nursery. Shirley and TownDepot are licensed Waste Transfer Stations.

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Chapter 5 Council owned property

5.2.6 Heritage

Many of the cities historical monuments are owned and managed by the council,providing access for educational and recreational needs.

5.2.7 Non Operational Investment Properties

These are held for strategic purposes but are often let out to commercial tenants in theinterim to provide income. This includes a number of residential properties, business unitsand industrial parks.

5.2.8 Housing

21% of the city’s housing stock is owned by the council, approximately 19,000 individualhomes. Of theses approximately 9,000 (47%) are properties with gardens.

Map 5.1: Distribution of Council Owned Housing and Local Housing Office Districts.

1 Millbrook Local Housing Office 2291 Properties (38% with Gardens) 2 Maybush Local Housing Office 1322 Properties (46% with Gardens)3 Shirley Local Housing Office 1851 Properties (69% with Gardens)4 Lordshill Local Housing Office 1848 Properties (44% with Gardens)5 Swaythling Local Housing Office 1468 Properties (67% with Gardens)6 Central Local Housing Office 2065 Properties (39% with Gardens)7 Townhill Local Housing Office 1067 Properties (58% with Gardens)8 Harefield Local Housing Office 754 Properties (53% with Gardens)9 Sholing & Peatree Local Housing Office 1736 Properties (52% with Gardens)10 Thornhill Local Housing Office 2454 Properties (48% with Gardens)11 Weston Local Housing Office 1767 Properties (33% with Gardens)

The concentration of council housing to the outskirts of the city illustrates the demand forpost war housing and the consequent creation of residential developments on formerpublic country estates.

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5 Council owned property

12

1

4

3

6

57

810

9

11

Based on the OrdnanceSurvey’s 2000 map withpermission of theController of HerMajesty’s StationeryOffice. Crown CopyrightReserved. Unauthroisedreproduction infringesCrown Copyright andmay lead to prosecutionor civil proceedings.Southampton CityCouncil LicenceLA079340, 2000.

5.3 Inspecting Council Owned Property

With respect to the inspection process under Part IIA, Council owned property will betreated in the same manner as privately owned land, prioritised according to the Council’soverall aims (see Chapter 3.1) and by a risk based assessment. It is anticipated that anydesk based assessment will be undertaken relatively efficiently since the Council mayalready hold much of the relevant information. As the inspection process providesvalidated information on Council properties the department responsible for itsmanagement will be promptly informed and a scheme to characterise/remediate/managethe site will be developed between the two parties.

Timescales for this work will be established according to the risks presented.

5.4 Impartiality and Objectivity

In order to ensure impartiality and objectivity, the council proposes that when determiningwhether any of its land should be designated as being statutorily contaminated it willconsider:

• obtaining field data and a risk assessment from an independent and impartial consultancy service.

• requesting comments from a neutral party such as a neighbouring authority or the Environment Agency.

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5 Council owned property

26

This section describes the methodology the Council will use in undertaking the routine inspection of its administrative area and how it will deal with non-routine investigations. It includes details on what resources are to be utilised and the level of service the business community and members of the public can expect from the Council in dealing with these issues.

6.1 Government and Environment Agency Guidance

The Council will have full regard to all Government guidance pertinent to this strategy. Inaddition, under Section 78V of the EPA, the Environment Agency has powers to issue site-specific guidance with respect to the exercise or performance of the Council’s powers orduties. Although not restricted to issues of a technical nature it is envisaged that suchguidance would predominantly take this form. The Council will, by statute, have regard tothis guidance providing it is consistent with Government guidance.

6.2 Data Resources

The source data set represents areas of past or present activity that may containcontaminative substances. They may be compiled from many primary data sets that dealwith the description of historical and present land use. The receptor data set representscurrent land uses and statutory designations such as sites statutorily recognised for theirecological value. Many of these data sets have been recognised as being capable ofidentifying features that may also act as pathways.

The data sets listed in table 3.1 have been identified as being readily available and includedthere is their likely application within the inspection process.

6.3 Primary Data Sets

The following data sets of potential sources have been identified for the initial inspectionor “pass” of the City.

6.3.1 Historical Maps

Historical maps have been proven to be a valuable and cost-effective means of identifyingpotentially contaminative land uses. Such land uses can be regarded as being significantin that they were recognised as being of a scale and type that warranted them beingrecorded as a landmark feature. An inspection strategy using map based data is thereforeeffectively prioritising land uses categorised as significant via the map making process.

The Landmark Information Group has created a GIS dataset of potentially contaminativeindustries and land uses identified from the systematic analysis of 1:10,560 and 1:10,000historical maps. For the Southampton region this covers 6 map editions (1876, 1896, 1909,1933, 1968 and 1910). The graphic data is supported by text identifying use, date range,national grid reference,

DoE class (May 1991, section 143 consultation paper) and a hazard ranking. Land mark haveadopted three hazard categories; High, Medium and Low. Some former land uses have aninherently higher probability of contaminative potential than others (e.g. chemicalmanufacture compared to food manufacture). The designation of hazard rankings wasbased on a group consensus, with several senior contaminated land professionalsassigning land uses to hazard classes. When necessary, basic information was sought onthe nature of the industry to feed into the decision making process.

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Chapter 6 Inspection Procedures

Environmental Health Services have been in possession of this data since early 2000 andhave used it extensively for assessing development proposals. This data set has beencomplemented by digitised 1:1,500 and 1:2,500 scale historic maps to provide further detailon land use and to validate the Landmark data. These data sets will form the cornerstone ofthe initial prioritisation procedures, supplemented with digitised EA landfill data.

6.3.2 Current Land Use Data Set

Although the definition of contaminated land encompasses a wider range of receptorsother than human health priority has been given to this issue. No current land use mapsare available necessitating the need to generate a specific layer for the GIS. CurrentOrdanance Survey maps and Aerial photography augmented by data already present onthe GIS, trade information and officers own knowledge have been used to generate a dataset identifying land use polygons, categorising them according to sensitivity. Thesensitivity rankings attributed to each land use have been selected according to theirpotential to expose humans to the hazards presented by potential ground contaminants.The land uses identified and their sensitivity rankings are;

Land Use Category Sensitivity Ranking

Allotments HighResidential with Gardens HighResidential without Gardens MediumSchools HighPlay Areas HighParks and Open Spaces MediumHard Standings/Car Parks LowWorks LowUniversity/College MediumChurch/Cemetery MediumCommercial and Retail Medium

6.4 The Use of a GeographicaI Information System

The process of identifying potentially contaminated land, or pollutant linkages, is one ofspatial analysis. Sources and receptors can all be modelled as areal features on a map,allowing the spatial correlation between such features to be examined. The diagrambelow illustrates the way in which the source-pathway-receptor model can be representedusing map based data. The source is an area of land on or under which, contaminants arethought to reside, the receptor is an area of land, the use of which could bring the targetinto contact with contaminants on or under the land; the pathway is the route by whichthe contaminant can come into contact withthe receptor.

Geographic Information Systems (GIS) are ableto store this information in electronic (digital)format, allowing efficient data management,manipulation and analysis. This softwareprovides the user with the ability to deal withlarge amount of data in a systematic andconsistent manner. For these reasons thecouncils corporate GIS will be utilised as a keytool during the inspection strategy.

Receptor

Pathway

Source

Based on the Ordnance Survey’s 2000 map with permission of theController of Her Majesty’s Stationery Office. Crown CopyrightReserved. Unauthroised reproduction infringes Crown Copyright andmay lead to prosecution or civil proceedings.Southampton City Council Licence LA079340, 2000.

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6 Inspection procedures

6 Inspection proceduresTable 3.1: Primary and Secondary Data sets

Data Resource Origin Format Application Timing

Historical Land use Landmark Information Group Digital Identify Potential Sources Prioritise DistrictsStage 1, Pass 1

Current and Former Landfill Environment Agency Digital Identify Potential Sources Stage 1, Pass 1Validate Landuse Dataset Stage 2

Historical Mapping Landmark Information Group Digital Identify Potential Sources Stage 1 Pass 2Identifying Pathways Stage 2

Historical Mapping City Archive Paper Identify Potential Sources Stage 2Stage 1 Pass 2+

Trade Directories City Archive Paper Identify Potential Sources Stage 2Stage 1 Pass 2+

Historical Aerial City Archive Paper Identify Potential Sources Stage 2Photography Stage 1 Pass 2+

Planning Records Southampton City Council Paper To Identify Known Stage 2 Development Control Information on Stage 1 Pass 2+

Contamination

Environmental Health Environmental Health Teams Paper To Identify Known Stage 2Records Environmental Health Services Information on Stage 1 Pass 2+

Contamination

Petroleum Licences/Derelict Southampton City Council Digital Identify Potential Sources Stage 2Tank Records Petroleum Officer Stage 1 Pass 2+

Discharge consents Environment Agency Digital Identify Potential Sources Stage 2Stage 1 Pass 2+

Pollution Incidents Environment Agency Digital Identify Potential Sources Stage 2Stage 1 Pass 2+

Waste Management Environment Agency Digital Identify Potential Sources Stage 2Licences Stage 1 Pass 2+

Integrated Pollution Control Southampton City Council Digital Identify Potential Sources Stage 2Register Environmental Health Services Stage 1 Pass 2+

Human Receptorse.g. Allotments OS Topographic Mapping Digital Prioritise Districts.Parks/OpenSpaces/Play &Areas Aerial Photography Digital Identify Receptors Stage 1, Pass 1ResidentialResidential with Gardens Address Point Database DigitalSchools

British Geological Survey, Sheet To Characterise Sources/Geology 315, 1:50,000 scale, Southampton, Paper Pathways Stage 2-3

Solid and Drift, 1987.English Nature Paper

Ecological Receptors Southampton City Council Identify Receptors Stage 1 Pass 2+Local Plan Paper

Ancient Monuments - Sites English Heritage Paper Identify Receptors Stage 1 Pass 2+and Monuments Record Southampton City Council Paper

Local Plan

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Water Resources Environment Agency Paper Identify Receptors Stage 1 Pass 2+AquifersWater Abstractions Environment Agency Paper Identify Receptors Stage 1 Pass 2+Groundwater Vulnerability Environment Agency Paper Identify Receptors Stage 1 Pass 2+Source Protection Zones Environment Agency Digital Identify Receptors Stage 1 Pass 2+

(via EA Website)

Surface Water OS Topographic Mapping Digital Characterise Stage 1 Pass 2+Receptors/Pathways

Council Owned Property Southampton City Council Paper Characterise Receptor Stage2-3Valuations and Estates Records Identify Appropriate Person

Complaints/ Anecdotal Public/Organisations Any Identify Potential AnyEvidence Sources/Effected Receptors

To Identify Known Information on Contamination

6.5 Risk Assessment

The process of risk assessment is a scientific discipline which attempts in an objective wayto determine levels of risk and interpret them in terms of whether or not significant harmis being caused. This determination of acceptable levels of risk can be very complicatedand is usually carried out using a mathematical ‘model’ which calculates a level of risk fordifferent scenarios. A number of generic values for certain contaminants and scenarios arealso available. These guidelines provide an easy and efficient means of comparing andcategorising contaminant levels.

Government guidance on assessment of risk in relation to this regime is given inparagraphs B44 to B49 of DETR Circular 02/2000 which this Council will give due regard toduring the undertaking of any risk assessment process.

Where potentially contaminated sites are identified a ‘conceptual model’ will first bedeveloped to establish the likely contaminants, their pathways, targets and effects.

Guidelines and models then used to interpret site data will be selected to ensure that theassumptions used to develop those levels, or that underpin the risk model, fit theconceptual model.

The DETR are developing a set of guidance values and a risk exposure and assessment model(CLEA). These are expected to be informally adopted as the standard tool for regulators andindustry alike in the UK. This Council intends to use both when available (and appropriate).In the interim only ‘industry recognised’ models and guidelines will be used.

ICRCL 59/83 (2nd Edition, July 1987) - “Guidance on the assessment and redevelopment ofcontaminated land” - provides the most widely used set of trigger and action levels for arange of contaminants. These levels were originally intended for use on sites beingredeveloped and not for sites already in use and must therefore only be regarded asproviding an indicative level, requiring an element of ‘professional judgement’ ininterpretation.

Where particular substances are not covered by ICRCL or CLEA guidelines reference may besought from guidelines adopted in other countries, such as the Dutch intervention levels or

30


other authoritative sources of information. If guidelines from other countries are referredto, the significant difference in remediation standards between the UK and these othercountries will be considered when making the determination on the state of that land.

Where risk assessment models are used, output will be evaluated against exposure levelspublished by the Health and Safety Executive or other authoritative source.

6.5.2 Risk Assessment Models vs Generic Guidelines

When establishing if a site is contaminated the council will consider the use of bothgeneric guidelines and risk assessment models to interpret any findings on the basis thatthe selected method:

• will provide sufficiently convincing evidence to make the determination;• will allow the process to be undertaken as easily and as efficiently as possible;• fits the ‘conceptual model’ established for the subject site;• is recognised and accredited.

6.5.3 Risk Assessment for Controlled Waters

Advice will be sought from the Environment Agency on risk assessment if controlledwaters are the receptor in a particular pollutant linkage. It is anticipated that riskassessments and remediation will be carried out in accordance with the EnvironmentAgency guidance as laid down in “Methodology for the Derivation of Remedial Targets forSoil and Groundwater to Protect Water Resources””(EA R&D Publication 20, 1999).

6.6 Routine Inspection Procedure

The council will systematically inspect its area for contaminated land using a multi-levelapproach. Initial stages will prioritise sub-regions and then identify and prioritiseindividual sites. Validation of the classification will follow and where necessary invasiveinvestigations undertaken. If a significant risk or possibility of harm being caused is thenidentified a course of action will undertaken to establish the appropriate person and theremediation requirements.

The identification, assessment and remediation of sites will form part of a rolling process,whereby prioritised sites identified in one sub-region will progress to the next assessmentstage while the following sub-area is analysed. The strategy recognises that there will alsobe a requirement to undertake non-routine inspections within the strategy frameworkwhen, for example, an individual volunteer’s information.

6.6.1 Stage One- Divide City into Priority Sub-Areas

The city is to be inspected by regions, prioritised according to risk. By taking this approachthe process will be broken down into manageable chunks, facilitating review mechanismsand allow work to initially focus on areas where contaminated land is most likely to befound. Priority will be established according to the spatial correlation between potentialsources and receptors and their respective hazard and sensitivity rankings.

Rather than creating boundaries according to the results of this analysis, alreadyestablished areas are to be used. The 11 housing districts provide suitably sized areas withwell designated and long established boundaries that reflect geographical andenvironmental differences across the city area.

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Although the basis of the strategy is to prioritise the identification of risks to humanhealth it is anticipated that significant impacts on other key receptors will still be readilyestablished during this process. It is therefore essential that this initial stage does includeall available information on key receptors to facilitate this process.

6.6.2 Stage Two- Identification and Classification

The following stages can be viewed as a sieving process, the initial stage of which is GISbased and concerned with identifying whether receptors and sources are in confluence orzones of influence that might suggest the existence of a pathway. Where spatialcorrelations are identified they may then be classified according to the sensitivity of thereceptor and the hazard presented by the source and prioritised for further assessment. Arisk matrix will be used to establish the risk ranking for each site:

This process can involve a series of successive passes whereby each analysis looks in moredetail at either the source of receptor datasets. Information obtained from theinvestigative stages of the process will be fed back into the risk-based model, allowing riskcharacteristics to be based on current data.

6.6.3 Stage Three- Verification and Desk Study

Sites filtered by the stage two process are passed onto stage three to validate the initialinterpretation. Processing will be according with a sites risk ranking and position within arisk-based schedule. This will require a manual interpretation of current and historicalmaps and an initial site inspection to confirm the land uses and their extent. Where it isestablished that a potential linkage exists a formal desk study will be undertaken utilisingall relevant data sources available and where necessary liasing with external agencies suchas the Environment Agency. In some cases current and/or historical land users may becontacted to volunteer any information.

The outcome from this stage is to either;

• downgrade the site to a low/no risk category;• establish a significant pollutant linkage;• require a stage three investigation.

It is anticipated that potential “special sites” will be identified at this stage. The EA’sRegional Office will be informed of any such assessment using their standard document atthe earliest opportunity.

6.6.4 Stage Four- Intrusive Site Investigations

Intrusive site investigations will be carried out only where there is a reasonable possibilitythat a pollutant linkage exists but there is insufficient information to make adetermination without such investigations. The investigation will be designed on a site-specific basis taking account of all that is known of the site.

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Receptor Sensitivity

High Medium LowHigh 1 2 3

Medium 2 3 4Low 3 4 5

SourceHazard

Where the appropriate person is identified as being the council the investigation schemewill be phased so that the site can be adequately assessed and characterised for thepurpose of establishing the remediation or management requirements. Independentconsultants will be commissioned to undertake this work where; externalexpertise/resources is required and/or, the need to maintain public confidence dictatesthat a third party is required to validate the councils conclusions.

If the appropriate person is recognised outside of the city council, the scope of theinvestigations will be limited to that necessary for the determination of whether itappears to the city council that the land is contaminated land so as to be economical withfinancial and manpower resources. If land is then identified as being contaminated,subsequent investigation requirements will be sought from the appropriate person as anassessment action under the remediation requirements.

The council will ensure any intrusive investigation is carried out in accordance with the appropriate technical procedures for such investigations, and will also ensure that all reasonable precautions are taken to avoid harm, pollution or damage to natural resources or features of historical or archaeological interest which might be caused as a result of the investigation.

To facilitate this advice and guidance will be sought from relevant statutory consulteesand other specialist groups at the earliest opportunity and be given due regard.

6.7 Non-Routine Inspections

Information received on contaminated land issues can trigger an initial non-routineinvestigation. In these situations the identified site will be evaluated according to risk andprioritised within the scheme of works accordingly.

6.7.1 Complaints and Voluntary Information Provision

Members of the public, business or community group may contact the council where theyhave particular concerns about the land quality affecting them. They may also voluntarilysupply information relating to land contamination that is not directly affectingthemselves, their families or their property. These concerns or acts of information provisionmay impact on the approach to inspection and so the procedures to be adopted aredetailed here.

6.7.2 Service Requests

Any concern regarding contaminated land will be dealt with following the same procedureas currently used by the Environmental Health Service to deal with Statutory NuisanceService Requests.

Anyone contacting the council can expect:

• their request to be logged and recorded;• to be contacted by an officer regarding their request within five working days of

receipt;• to be kept informed of progress towards resolution of any problem identified.

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Every effort will be made to resolve such events quickly and efficiently. The legislativeframework does, however, present a number of obstacles to the speedy resolution ofproblems:

i) formal designation as contaminated land requires a technically based assessment,which might only be possible with detailed investigation;

ii) prior consultation with interested parties before designation as contaminated land;iii) a minimum of three month period between designation and serving of a remediation

notice;iv) the requirement for the enforcing authority to make every effort to identify the

original polluter of the land (or “Class A” person).

The regulations allow conditions (ii) and (iii) to be waived in extreme cases, but notconditions (I) and (iv).

6.7.3 Confidentiality

Anyone contacting the council with information relating to land contamination will beasked to supply their names and addresses and, if appropriate, the origin of the problem.Under most circumstances their identity will remain confidential. However, this maybecome difficult if a site becomes designated as contaminated as a result of adversehealth effects on that individual. If any subsequent remediation notice is then appealed ina court of law the complainant’s identity may be required as evidence in the proceedings.

6.7.4 Voluntary Provision of Information

If a person or organisation provides information relating to contaminated land that is notdirectly affecting their own health, the health of their families or their property, this willnot be treated as a service request. The information will be recorded and may be actedupon. There will, however, be no obligation for the council to keep the person ororganisation informed of progress towards resolution, although it may choose to do so asgeneral good practice.

Where such information is supplied the person or organisation may expect:

• their information to be logged, recorded and investigated;• to be contacted by an officer, to acknowledge receipt of that information;• to be kept informed of progress on the matter.

6.7.5 Anonymously Supplied Information

The Council does not normally undertake any investigation based on anonymouslysupplied information, and this general policy will be adopted for contaminated land issues.This policy does not, however, preclude investigation of an anonymous information inexceptional circumstances.

6.7.6 Anecdotal Evidence

Any anecdotal evidence provided to the Council relating to contaminated land will benoted, but no designation of contaminated land will occur without robust scientificevidence. In all cases, the Scientific Officer will evaluate all available evidence to decidewhat, if any, further investigation is required following a complaint or a provision ofinformation.

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6.8 Reporting Format for Inspection Process

Findings of all investigated sites will be maintained on paper within the Pollution andSafety archive. When the site has been satisfactorily characterised and determined thereport will include;

• a unique reference number;• location and extent of the site;• a summary of the evidence upon which the determination was made;• a summary of the relevant assessment of this evidence;• references to any other relevant documents;

and where the site is determined to be contaminated land;

• a description of the significant pollutant linkage, identifying all three components of pollutant, pathway and receptor;

• A summary of the way in which the Council considers that it has met the requirementsof the statutory guidance.

This data will be backed up as an electronic version, allowing future access to theinformation via IT networks.

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36

Contaminated land investigations will be carried out in accordance with Council-wide policy.Where a formal determination of contaminated land is required (or likely) the following actionswill be undertaken;

7.1 Powers of Entry

Under Section 108(6) of the Environment Act, the council has been granted powers ofentry to carry out investigation and remediation. In all cases, access will first be soughtfrom the owner/occupier and only where there is a lack of cooperation will this course ofaction be taken. At least seven days notice will be given of proposed entry onto anypremises, unless there is an immediate risk to human health or the environment.

7.2 Determining an Area of Contaminated Land

In determining who is liable to bear responsibility for any remediation action determinedand how the costs should be apportioned the council will act in full accordance with thechapter D of the statutory guidance(11).

Prior to serving a notice the Council will endeavour to consult all interested partiesconcerning the details of what is required to be done in the way of remediation and willencourage a wider process of discussion and consultation that will promote the voluntaryremediation of a site and resolve any disagreement. This process will be initiated prior todetermination enabling interested parties to comment on the determination itself. Unlessimmediate action is required (for example, in the interests and safety or environmentalprotection or to prevent evidence being destroyed). The Council will;

• write to all stakeholders (appropriate persons, owner, occupier, neighbours, other relevant enforcing authorities and statutory consultees) at least 5 working days prior to determination, explaining in summary the reason for determination and thatappropriate remediation actions will be required;

• if requested, dispatch a copy of the record of determination to the owner and/or occupier of the land within 5 working days of receipt of request.

Prior to serving a notice the council will endeavour to consult all stakeholders concerningthe details of what is required to be done in the way of remediation and will encourage awider process of discussion and consultation that will promote the voluntary remediationof a site and resolve any disagreement.

7.3 Serving a Remediation Notice

A three month interval will exist between:

i) the notification to the appropriate person that the land has been identified as contaminated land and;

ii) the service of the remediation notice,except where the site is identified as an urgent site.

The EA may wish to exercise its right to provide site specific guidance during this period and the Council will give this full regard:

• Notices will be informative, self contained and if possible use the model format being devised by the DETR and the EA;

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Chapter 7 Enforcement procedures

• Copies of the remediation notice will be sent to all interested parties within 5 working days of notice being served;

• Copies will indicate to the recipient the capacity in which they are being sent thatnotice.

7.4 Special Sites

Throughout the investigation process on any site the council will continuously review theneed to designate the site as a “special site”. Where the council identifies a site it believesto be a “special site” it will consult with the EA at the earliest opportunity. The EA will thenundertake any further investigation work if they are in agreement with the council. Whenthe EA have made a decision on the designation of the site they will report back to thecouncil. If the council then decides to designate the site as a “special site it will give noticein writing to all interested parties. The EA will be given 21 days in which to respond. If theEA agrees with the decision the site will be designated on the day they give notificationand they will take on the role of enforcing authority. If no reply is given by the EA thedesignation will take effect on the day after the 21 days has elapsed. If a disagreementbetween the council and the EA exists the Council will refer that decision to the Secretaryof State. If he designates the site as a “special site” it will take effect on the day after hegives notification. It is envisaged that through the continued close liaison between thiscouncil and the EA such disagreements will be avoided.

7.5 Urgent Sites

Where, at any stage in the investigation of a site, the council finds that it appears topresent imminent danger of serious harm to any receptor type, or serious pollution ofcontrolled waters, the Council will ensure such sites are “fast-tracked” and given thenecessary level of attention to establish the appropriate person and remove the risk at theearliest stage. This may result in the serving of a remediation notice on an urgent basis,without the three month consultation period. Copies of the notice will then be sent to allinterested parties as soon as is practicable. Where the council considers that serving anotice will not result in remediation being undertaken quickly enough, it may decide toundertake the remediation itself and recover the costs from the appropriateperson/persons.

7.6 Liability for Remediation

In determining liability and where the council finds it necessary to undertake anyremediation action on behalf of the appropriate person/persons it will;

• act in accordance with the statutory guidance;• have full regard to the circumstances of each individual case;• inform the appropriate person of any apportionment of liability and cost recovery

decisions taken, explaining the reasons for those decisions ;• seek to recover in full its reasonable cost without causing hardship to the appropriate

person and with regard to the considerations listed in chapter E of the statutory guidance(11);

• expect anyone seeking a waiver, reduction or exclusion in that cost to presentinformation that will support that request;

• consider deferring cost recovery where this might benefit either party.

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7 Enforcement procedures

7.7 Remediation Requirements

Where the council identifies land that is contaminated it will give full regard to Chapter Cof the Statutory Guidance(11) in determining remediation requirements. It will giveappropriate consideration to what the best practicable techniques are for remediation onthe basis of authoritative, scientific and technical advice.

The Council shall consider whether the process of remediation might cause furtherdamage to the environment and ensure that alternative approaches and/or precautionsare considered to alleviate any adverse affects. Such considerations will include possibledamage caused to unscheduled archaeological sites and the biodiversity of any habitat.

Where the Council considers that a remediation package might have such an affect, it willconsult with the relevant statutory consultee/consultees and specialist organisations andtake into account their advice when making a decision.

A programme of monitoring may be requested following a remediation action for thepurpose of providing information on changes which might occur in the condition of apollutant, pathway or receptor previously identified as being part of a significant pollutantlinkage and where further remedial treatment might be considered a consequence of thatchange.

7.8 “Signing Off”

Where appropriate remediation appears to have been undertaken (voluntarily or followingthe service of a notice) the Council will confirm, in writing, that it sees no grounds, on thebasis of the available information, to undertake further enforcement action.

7.9 Interaction with other Regulatory Regimes

There are other regulatory actions that can be taken to deal with contamination on land.Overlaps with planning, water pollution and IPPC legislation are considered the mostimportant and are addressed here. Due regard will be given to all relevant statute thatmight become effective during the investigation/remediation of sites and advice andguidance will be sought from the relevant statutory consultees and Legal ServicesDepartment in this respect.

7.9.1 Planning

Local planning authorities should take account of contamination or the potential forcontamination both in preparing development plans, which set out the policies andproposals for future land use and development within their area, and in determiningindividual applications for planning permission. Planning permission may be granted oncondition that the site is remediated to the satisfaction of the local authority. Guidance forplanning authorities is provided in Planning Policy Guidance: Planning and PollutionControl (PPG 23), Planning and Waste Management (PPG 10) and DOE circular 11/95 adviseson The Use of Conditions in Planning Permissions.

The vast majority of contaminated land issues are currently addressed through theplanning regime, where contamination is a material consideration. While the introductionof Part IIA will undoubtedly lead to the problems of additional sites being addressed, it is

39


anticipated that redevelopment of brownfield sites, and the associated planning controls,will remain the primary mechanism for dealing with contaminated land. Any remediationagreed as a planning condition will be dealt with under planning controls and not underPart IIA.

7.9.2 Building Control

Building work is subject to Building Control under the Building Regulations 1991. Theapproval process is carried out by Building Control bodies which include local authoritytechnical officers or Approved Inspectors. Under Schedule 1 of these RegulationsRequirement C2 states that “precautions shall be taken to avoid danger to health andsafety caused by substances found on or in the ground covered by the building.”

The Environmental Health Service currently works closely with Development Control andBuilding Control on all issues relating to pollution and the current arrangements for inter-departmental consultation are believed to be sufficiently robust to encompasscontaminated land issues.

7.9.3 Water pollution

The Water Resources Act 1991 gives the Environment Agency powers to deal with harm tocontrolled waters being caused by contaminated land. While Part IIA legislation does notrevoke these powers, the DETR have indicated that such problems should now be dealtwith under the new contaminated land regime. The following steps will be taken:

* the council will consult with the Environment Agency before designating any contaminated land as a result of risk to controlled waters and will take into accountany comments made with respect to remediation;

* if the Agency identifies a risk to controlled waters from contaminated land, the Councilwill be notified to enable designation of the land and remedial action and remedial action will be taken under Part IIA.

7.9.4 Integrated Pollution Prevention and Control (IPPC)

Under new legislation to regulate with pollution from industrial processes, site operatorsare required to undertake a site condition survey prior to receiving a license to operate. Ifthe site condition is such that areas of land meet the definition of contaminated land,then submission of a site survey may trigger action under Part IIA. Existing processes willbe brought under the legislation in stages over the next seven years, although it will applyto any new processes or any substantial change to an existing process.

7.9.5 Waste

The waste management licensing system (Part II, EPA 1990) is regulated by theEnvironment Agency and interacts with the contaminated land regime in a number ofways. Firstly, Part IIA can only be applied to a site holding a waste management license forcircumstance other than a breach of the licence conditions, where the Part II regimeapplies. Secondly, contamination resulting from illegal deposits of controlled wasteshould be dealt with under section 59 of the 1990 act. Finally remediation activities maythemselves be subject to the licensing requirements under the Part II system.

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7.9.6 Radioactively Contaminated Land

The new contaminated land regime does not apply to radioactively contaminated land. Aconsultation paper on the Control and Remediation of Radioactively Contaminated Landwas jointly published by DETR and the Welsh and Scottish Offices in February 1998.

7.9.7 Statutory Nuisances

It is clearly stated in the Act that the existing powers of Local Authorities to deal withStatutory Nuisances which are ‘prejudicial to health’ are replaced by the powers placed onauthorities for dealing with contaminated land. Any land contamination falling under thePart IIA definition cannot be classified as a Statutory Nuisance and is therefore exemptfrom action under Part III of the Environmental Protection Act 1990.

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42

Much of the work proposed in this strategy will be collaborative and require effectiveliaison with council departments and external bodies. The procedures included within inthis strategy have included provisions to ensure the highest level of consultation with allinterested parties. Further to this contacts and forums have been developed to promotethe transfer of information, avoid the unnecessary duplication of work between otherregulatory organisations, ensure efficient consultation during the practical developmentand implementation of the inspection strategy and, where relevant, to ensure transfer ofregulatory control.

8.1 Risk Communication

The hazards presented by ground contamination can raise concerns amongst communitygroups. Its technical nature can also present a barrier to effective communication leadingto further controversy. In recognition of this the Council will endeavour to provide allcommunity members with balanced and appropriate information concerning all issues andinvolve them in the decision making process. In all cases, the council will:

• make the councils intentions publicly available and promote public consultation and interaction;

• provide ready access to publicly available documents, reports and technical data;• provide information at an appropriate level to facilitate understanding;• treat any concerns raised by external parties seriously and with respect, recognising

the importance of the issue to the individual;• target the appropriate parties when dealing with specific issues;• provide community groups with effective and appropriate action plans when risks are

identified;• use only nationally recognised and approved methodologies, standards and guidelines;• interact with regional Local Authorities and Government bodies to promote

collaboration and co-ordination with credible sources;• include a review mechanism to identify inadequacies in the process and implement

improvement actions.

Part IIA grants only limited powers to local authorities to deal with materials present in, onor under the ground. Many members of the public may believe that any material that isnot naturally present in the ground should be removed, especially if it is in the vicinity oftheir own home. It will be critical to explain this can only be done where this is a risk ofsignificant harm, and it is to be expected that some members of the public will havedifficulty accepting this.

It is important to appreciate that the expectations of some members of the public will notbe met by the powers local authorities may exercise under contaminated land legislation.

8.2 Consultation with Statutory Consultees

Paragraph B.11 of the statutory guidance states that in developing and implementing itsstrategy the local authority should consult with appropriate public authorities. Contactshave been established with officers of the following statutory consultees recognised bySouthampton City Council and, are listed in full in appendix C.

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Chapter 8 Liaison and Communication

Statutory consultees for the Contaminated Land Inspection Strategy are:

• South East England Development Agency• Environment Agency• English Nature• English Heritage• Department of Environment, Food & Rural Affairs• Food Standards Agency• Local Health Authority

Where the investigation process identifies a particular concern, advice will be sough fromthe relevant statutory consultee/consultees and the council will give that full regard.

At present no formal guidance exists further detailing the triggers and mechanisms forliaison, nor can a prediction be made of the frequency of such requests. However, theRegional Liaison Group will be addressing this by encouraging formal discussions betweenall parties to clarify the process.

The council will also have full regard for site specific information brought to theirattention by any statutory consultee.

8.3 Contact with the Department of Environment, Trade and Regions

A direct line of contact has been established between the DEFRA Land Quality Team andEnvironmental Health Servics to ensure the efficient movement of information.

8.4 Consultation with Local Communities and Businesses

There is great scope for members of the public, business and voluntary organisations toplay an important role in dealing with contaminated land in the City. Efforts will be madeto encourage participation in the process of identifying and investigating contaminatedland, recognising the valuable contribution of these sectors. This collaborative approach todealing with contamination issues will be maintained and built upon. The public will beinvited to comment on the draft which will be made available on CityWeb and on requestfrom Environmental Health. Details of this process will be made available via a pressrelease. Where investigation work identifies specific problems, or local communities raiseparticular concerns the Community Action Forums will be available to provide a suitablemeans of liaison.

Businesses with interests in the Southampton region may become involved via this route.To increase awareness further the SIEnA and Sustainability Forum will provide thenecessary link to local industries and business organisations and will be invited to consulton the draft Inspection Strategy document.

These contacts are also anticipated to raise awareness in the council’s activities andencourage the voluntary provision of information on land quality.

8.5 Internal Contaminated Land Working Group

Those departments within the city council that are affected by Part IIA and landcontamination more generally are represented at the internal Contaminated Land WorkingGroup. This group is chaired by the Pollution and Safety Team and is scheduled to meet

44

8 Liaison and Communication

on quarterly basis to cascade relevant information to all interested parties. Those councildepartments identified in this group will be invited to supply input for the strategy andcomment on the draft document. It is hoped that this group will act as a focus for allcouncil activities affected by ground quality and lead to improved and formal integrationof current schemes and policies. Links made with departments at this forum will thenenable further discussions to take place on a one-to-one basis if required.

8.6 Hampshire and Isle of Wight Region Contaminated Land Liaison Group

This group includes all Local Authorities in the designated region and representatives fromthe regional EA office. Meetings are held on an approximately monthly basis to discussregional and national issues. The forum is also used to arrange training requirements forEA and LA staff.

8.7 Communicating with Owners, Occupiers and Other Interested Parties

Affected by Determined Sites

The City Council’s approach to its regulatory duties is to seek voluntary action beforetaking enforcement action. This approach will be adopted for issues of land contamination,recognising that in may cases as much or more effective remediation can be achieved byagreement rather than by enforcement. Similarly, the party volunteering to undertake thiswork may be do so because of financial benefits.

This approach requires effective communication with owners, occupiers and otherinterested parties. The Scientific Officer will be the central contact point within theauthority on contaminated land issues and as such will work to keep owners, occupiersand other interested parties informed at each stage of an investigation, regardless ofwhether there is a formal designation of contaminated land.

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8 Liaison and Communication

46

The council’s Part IIA duties and other services delivered by Environmental Health concerningground contamination will generate information that will require careful management.

9.1 Information Storage Systems

This strategy will conform with the corporate IS/IT Development Framework whereverpossible and will take particular attention to:-

• ensuring all records are accurate, accessible and meet the needs of those who use them;• delivering information electronically where this allows for better access, efficiency,

easier use, more accountability or better integration;• sharing information electronically via the Intranet and CityWeb;• where possible store information once and provide across the Intranet as the single

source of information of all employees and Members and thus avoid replication of work;• where possible use corporate systems and facilities to improve integration and economy;• all information management, use and publication will in accordance with Council

policy and the principles of the Data Protection Act.

9.2 Paper Based Information

All paper based documents will be kept in the Pollution and Safety archive. Publiclyaccessible and confidential records will be labelled as such. No documents should leavecouncil premises unless prior agreement is given by the Pollution and Safety Manager.Under such circumstances a record of the release must be kept. Where applicable thedocuments will be referenced against any electronic information system to allow for easieraccess and integration.

9.3 Electronic Information Systems

One Pollution and Safety networked desk top computer will be allocated for allcontaminated land activities, and will be accessible to allocated users only via passwordprotection.

Corporate IT systems are maintained by the Computer and Printing Service with aDirectorate Information Technology Liaison Officer providing a link between thedepartments. Access to information held on remote servers will be limited by user ID.

9.4 Geographic Information System

The corporate Geographical Information System, MapInfo Professional Version 6.0 will beused as the primary tool for all contaminated land work, allowing spatial analysis,geographic referencing of sites and data storage.

Two servers provide access to GIS datasets maintained by the Computing and PrintingService.

Essential datasets for routine desk top work will be backed up on the PC’s hard drive toenable access to the system during network downtime.

Datasets maintained by Pollution and Safety for access by other departments will beavailable via the appropriate server to all Council networked PC’s.

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Chapter 9 Information management

Confidential datasets will be stored within a “safe space” on a remote server, accessible toallocated users only via password protection. The same datasets will be backed up on thedesk top. Where sensitive or confidential data is kept on a floppy disk they must belabelled “CONFIDENTIAL” and stored in the archive or safe.

9.5 Contaminated Land Database

The need for a GIS integrated database to extend the systems data storage ability hasbeen recognised. Based on ACCESS or UNI-FORM it will enable:-

• one step access to all essential site information;• multi-level access via user ID’s;• ull audit trails of input, alterations and output;• improved functionality of GIS;• digital storage of photographs, plans and other documents.

9.6 Use of the Intranet and Internet

Datasets to be distributed widely amongst council departments will utilise the Intranet.Where information is to be distributed to the public, Internet will provide the main outlet.

9.7 Use of UNI-Form Database

The Pollution and Safety Section have read only access to the Council’s inter-departmentaldatabase, UNIF-FORM, allowing planning applications to be monitored.

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9 Information management

Transparency is one of the underlying principles of the new Part IIA regulatory regime. It is vitalthat the public, landowners, developers and potential purchasers can gain clear accurateinformation pertaining to the state of the land.

10.1 Section 78R Register

Under the regulations, the council is required to maintain a public register. A paperversion of the register will be held by Environmental Health Services at Southbrook Rise(see Appendix G). It will be accessible on request, free of charge, during office hours,Monday to Friday. Alternatively, it will be available to view on the council’s WebSite,Cityweb, atwww.southampton.gov.uk

The regulations clearly specify the information that must be recorded on this register.This register will therefore include:-

• remediation notices;• details of site reports obtained by the authority relating to remediation notices;• remediation declarations, remediation statements and notifications of claimed

remediation;• designation of sites as “special sites”;• any appeals lodged against remediation and charging notices;• convictions.

The Section 78R or Remediation Register will not include details of historic land use and other records used in the investigation of potentially contaminated land.

10.1 Request for Information on Contaminated Land

Documentary records created or acquired during the inspection process, or through otherrelated Council activities, will be subject to The Access of Environmental InformationRegulations 1992 and the Local Government Act 1972, Part V(A). Access may be refusedwhere disclosure will:-

• affect legal proceedings or any injury;• will affect the confidentiality of the deliberations of the Council or other public body,• where the documents are still in the course of completion;• where the documents requested are internal communications.

Typically, access will only be given to information on sites where the Council has made adetermination. In many circumstances data in the possession of the Council may betreated as “raw data” and fall under the “work in progress” exemption of the 1992 Act. Alldocuments kept within the Pollution and Safety archive that are publicly available will belabelled as such. Where there is any doubt about the provision of data, advice will besought from Legal Services.

All requests for information will only be accepted in writing, clearly stating the addressand stating the extent of the property. Where a request is made for specific informationand the request is refused, this will be made in writing and will specify the reason for therefusal. If the enquirer appeals, the decision will be reviewed under scrutiny of theCouncil’s Legal Services.

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Chapter 10 Disclosure of Environmental Information

Under the Environmental Information Regulations the council has the ability to charge “areasonable amount” for making such information available and may charge commercialinterests an hourly rate where significant time is required in preparing a response.Residents of Southampton will not be charged. Where a charge is applicable the fee willbe arranged with the second party before collating the information.

The council will respond to all such requests within 15 working days.

10.3 Land Searches

Enquiries made by prospective property purchasers via the council’s Land ChargesDepartment concerning ground contamination are forwarded to Pollution and Safety.

Details requested concerning Section 16a of the CON29 form will be replied to within threeworking days.

Other additional requests may be subject to the conditions outlined in Section 10.2 andwill be dealt with via this route, in co-operation with Land Charges.

10.4 Provision of Information to the Environment Agency

The Environment Agency is required to prepare an Annual Report for the Secretary of Stateon the state of contaminated land in England and Wales. This report will include:-

• a summary of local authority inspection strategies, including progress against the strategy and its effectiveness

• the amount of contaminated land and the nature of the contamination• measures taken to remediate land.

As local authorities are the lead regulators on contaminated land, with the EA regulatingonly some categories of sites, the national survey will clearly be reliant on informationprovided by local authorities. A memorandum of understanding has been drawn upbetween the Environment Agency and the Local Government Association that describeshow information will be exchanged between the local authority and the EnvironmentAgency. The Council will therefore provide information to the Environment Agencyfollowing the guidelines agreed through this natural forum.

The local authority must also provide information to the Environment Agency whenever asite is designated as contaminated land, and whenever a remediation notice, statement ordeclaration is issued or agreed. The Environment Agency has provided standard formsallowing this information to be provided in a consistent format and the Council will adoptthese to fulfil its reporting requirements.

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10 Disclosure of Environmental Information

This strategy outlines the general approach to be taken in inspecting land in the District forcontamination. This section will describe instances when inspections will occur outside thisgeneral inspection framework, circumstances under which previous inspection decisions should bereviewed and measures to be taken to ensure the strategy remains effective and up-to-date.

11.1 Triggers for Undertaking Inspection

The strategy has already recognised there may be occasions where inspections may haveto be carried out outside of the general inspection framework.

Triggers for undertaking non-routine inspection will include:

• Unplanned events - e.g. if an incident such as a spill has occurred;• Introduction of new receptors - e.g. if housing is to be built on a potentially

contaminated site, designation of a new protected ecosystem, persistent trespass onto a site by young people;

• Supporting voluntary remediation - e.g. a potentially liable party wishing to undertake clean-up before their land has been inspected by the local authority;

• Identification of localised health effects which appear to relate to a particular area of land;

• Responding to information from other statutory bodies, owners, occupiers, or other interested parties.

Where non-routine inspections are found to infringe significantly upon the routineinspection framework a procedural review will be required.

11.2 Triggers for Reviewing Inspection Decisions

In addition there may be occasions where the findings of previous inspection decisionsshould be reviewed. This might occur, for example, if there were;

• significant changes in legislation;• establishment of significant case law or other precedent;• revision of guideline values for exposure assessment and best practice techniques.

It is important therefore that all decisions are made and recorded in a consistent mannerthat will allow efficient review.

11.3 Strategy Review

Many of the procedures in this document will be subject to performance review under theCouncil’s Best Value procedures. An integral review process is also included, allowing themethods and timetable to be adapted and refined if necessary.

The strategy will be finalised following consultation during May 2001 and be presented tocommittee in July 2001. The first formal review will take place after the first year ofoperation, in May 2002, and follow annually thereon. Findings will be reported to the Headof Environmental Services and Consumer Protection for publication in the DivisionsCommissioning Plan and the City Performance Plan. If this review concludes that thecurrent strategy has not successfully met its targets a new timetable will be drafted forconsultation and then published and distributed as an insert to, or new edition of, theInspection Strategy document. Review findings will only be presented directly tocommittee if formerly requested.

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Chapter 11 Review Mechanisms

On completion of the inspection plan presented in this document, a full review of theprocess will be published with details of the City Councils future proposals. If theinspection timetable is met this will be in May 2006.

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11 Review Mechanisms

All activities undertaken as part of this strategy will comply with the council’s health and safetypolicy.

Southampton City Council recognises and accepts that it is responsible for complying with healthand safety legislation and ensuring the health, safety and welfare of its employees, pupils, clients,contractors and any other persons, including members of the general public, who may be affectedby the manner in which it conducts it undertaking.

12.1 Work Undertaken by Council Staff

All recognised operations undertaken by staff within Environmental Health Services arecovered by the “Divisional Risk Assessments” held by their Section Manager. This refers tospecific guidance and procedures where applicable. All individuals are required to befamiliar with this document and ensure they undertake all tasks safely and in compliancewith the necessary requirements. Where activities are encountered that are not covered bya risk assessment an initial assessment should be made and where deemed necessary aformal risk assessment be undertaken. No activity should be undertaken where the safetyof any individual is compromised.

Activities undertaken by other council employees, on behalf of the Pollution and SafetySection will follow the same requirements stipulated for external contractors.

12.2 General Public and Visitors

Steps will be taken to provide for the health and safety of third parties, including thegeneral public and visitors, when using Authority premises or when affected by Authoritywork activities. These steps will include as appropriate:-

a) fencing hazardous areas;b) posting warning notices;c) prohibiting persons from certain areas;d) maintaining good house keeping standards;e) securing hazardous articles and substances;

in accordance with the findings of risk assessments.

12.3 Contractors

Contractors working on authority premises or on behalf of the authority will be required tocomply with the relevant statutory provisions.

It is the responsibility of any officer arranging for a contractor to work on behalf of, or forthe authority, to ensure that the contractor is competent to carry out that task safely andis aware of any special safety requirements that may affect themselves. Authorityemployees or any third party, including the general public, tenants and visitors. Anadequate risk assessment must be submitted for all planned works and approved prior tothe work commencing.

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Chapter 12 Health and Safety

12.4 Emergency Situations

Persons involved in activities as part of the Inspection Strategy may find themselves at thescene of an incident that may constitute an emergency response, e.g. discovery ofexplosives. When such a situation arises the Pollution and Safety Manager will be notifiedimmediately and the Council’s “Major Incident Plan” will be implemented if deemednecessary.

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12 Health and Safety

55

Appendix A Work Programme Timetable20

0120

0220

0320

0420

0520

06

JanFebMarAprMayJunJulAugSeptOctNovDecJanFebMarAprMayJunJulAugSeptOctNovDecJanFebMarAprMayJunJulAugSeptOctNovDecJanFebMarAprMayJunJulAugSeptOctNovDecJanFebMarAprMayJunJulAugSeptOctNovDec

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2 REGI

ON

3 REGI

ON

4 REGI

ON

5 REGI

ON

6 REGI

ON

7 REGI

ON

8 REGI

ON

9 REGI

ON

10 REGI

ON

11

Key:

Actio

n tim

etab

led

for t

his p

erio

d

Act

ion

may

occ

ur d

urin

g th

is p

erio

d

The meaning of some of the technical terms used in this document are set out below.

A more detailed glossary of terms used in the Acts relevant to this strategy can be found in the DETR Circular 02/2000.

Aquifer A rock formation with the ability to store groundwater in commonly recoverable economic quantities.

Brownfield site A site that has been generally abandoned or underused where redevelopment is complicated by actual or perceived environmental contamination. Only a small proportion of brownfield sites will meet the definition of contaminated land.

CLEA Contaminated Land Exposure Assessment, a methodology for carrying out a risk assessment.

Conservation area An area designated as being of special architectural or historic interest. Local Authorities have a duty to preserve and enhance such areas, where there are strengthened planning controls over development proposals, demolition and tree preservation.

Contaminated land Any land which appears to the local authority in whose area it is situated to be in such a condition, by reason of substances, in, on or under the land that :a) significant harm is being caused or there is a significant possibility of

such harm being caused; orb) pollution of controlled waters is being, or is likely to be caused

Controlled waters These include:a) inland waters (river, streams, underground streams, canals, lakes and

reservoirs)b) groundwaters (any water contained in underground strata, wells or

boreholes)c) territorial waters (the sea within three miles of a baseline)d) coastal waters (the sea within the baseline up to the line of highest tide,

and tidal waters up to the fresh water limit)

DETR Department of the Environment, Transport and the Regions Drinking water The taking of water from a source (in this case, abstraction primarily an underground source) for drinking water

EA The Environment Agency

Eco-system A biological system of interacting organisms and their physical environment

GIS Geographical Information System

Greenway A ribbon of open space which follows a stream valley, managed by the city council to provide an area for recreation, wildlife preservation.

Groundwater Any water contained in underground strata, wells or boreholes

ICRCL Interdepartmental Committee on Remediation of Contaminated Land

56

Appendix B Glossary

Leaching Removing of soluble substances by the action of water percolating through soils, waste or rock.

Listed Building A building officially listed as being of special architectural or historic interestas defined in the Planning Act, 1990

Local Plan A land use plan for a local area (District). The local Plan is prepared and adopted by the local Planning Authority in accordance with Structure Plan policies. It sets out policies in detail to guide development, and proposals for specific sites.

NNR National Nature Reserve

Pathway One or more routes by which a receptor can be exposed to a contaminant

Planning Policy A series of guidelines issued by the Department of the Guidance (PPG’s)Environment, which set out the government’s policy on planning issues such as shopping, housing etc.

Pollutant linkage The relationship between a contaminant, a pathway and a receptor

Ramsar site A site protected under an international convention on protection of wetlands of international importance, especially as habitats for waterfowl, named afterthe city in Iran where the convention was signed.

Receptor Sometimes referred to as ‘a target’ - the health of a person, waters, ecosystemor property type that could be affected by contamination.

Remediation Generally accepted as being the carrying out of works to prevent or minimise effects of contamination. In the case of this legislation the term also encompasses assessment of the condition of land, and subsequentmonitoring of the land.

Risk assessment The study of:a) the probability, or frequency, of a hazard occurring; andb) the magnitude of the consequences

SAC’s An acronym for Special Areas of Conservation, designated under the E.C.Habitats Directive. These are areas of habitat of European importance,including those of specific threatened species listed within the Directive.

SCC Southampton City Council

Scheduled Ancient Sites and monuments of archaeological merit, considered to be of nationalMonument importance by the Secretary of State for National Heritage.

SEEDA An acronym for the South East England Development Agency, established by the Government in April 1999 to take a strategic lead in promoting the sustainable economic development of the region.

Source A substance in, on or under the ground with the ability to cause harm.

Source Protection Areas of surrounding groundwater abstractions, designated by the Zones Environment Agency to aid management of the water quality.

57

Appendix B Glossary

SPA’s An acronym for Special Protective Areas, designated under the E.C. Council Directive on the conservation of Wild Birds. The Directive requires member states to safeguard the habitats of migrating birds, and some threatened birds. All sites are SSI’s.

Special site Any contaminated land designated due to the presence of :

* Waste acid tar lagoons* Oil refining* Explosives* Integrated pollution control sites* Nuclear sites

or is affecting controlled waters

SSSI’s An acronym for sites of Special Scientific Interest, which are notified under the Wildlife and Countryside Act 1981, by English Nature. They are biological or geological sites considered to be of national or international importance for nature conservation. Consultation and some form of agreement with the Statutory Conservation Agency is mandatory before any change in land use which might affect the site can be considered.

Stakeholder Appropriate persons, owners, occupiers, neighbouring owners/ occupiers,statutory consultees and other enforcing authorities relating to a site determined to be contaminated land.

58

Appendix B Glossary

1. Bob Barnes 2. Dr Patrick MillerArea Contaminated Land Officer Food Standards AgencyEnvironment Agency Contaminants DivisionHampshire & Isle of Wight Area Office PO Box 31037Wessex Business Park Room 238Wessex Way Ergon HouseColden Common 17 Smith SquareWinchester LondonHampshire SW1P 3WGSO21 1WP

3. Simon Wartnaby 4. Fiona ReynoldsEnglish Heritage Department for Environment,Eastgate Court Food and Rural Affairs (DEFRA)195 - 205 High Street Room 141Guildford Nobel HouseSurrey 17 Smith SquareGU1 3EH London

SW1P 3JR

5. Director of Public Health 6. English NatureSouthampton and South West Hants 1 Southampton RoadHealth Authority LyndhurstOakley Road HampshireSouthampton S043 7BUSO16 4GX

7. Peter CusdinArea DirectorSouth East England Development AgencyCross LanesGuildfordGU1 1YA

59

Appendix C Details of Statutory Consultees

The following groups have been given the opportunity to comment upon this document during its draft phase and have been recognised as having an important role during its implementation.

The General Public

• Via the Council’s website, CityWeb and the Southampton Environment Centre

Neighbouring Local Authorities

• Eastleigh Borough Council• New Forest District Council• Test Valley District Council

Major Landowners in City

• Housing Associations• Associated British Ports• Vosper Thorneycrofts• Ford Motor Group• Oxford University, Queens College

Community and Business Forums

• Southampton Industries Environment Association(SieNa)• Sustainability Forum• Chamber of Commerce• Commercial Business Forum

60

Appendix D Non-Statutory Consultees

1. Groundwater: Our Hidden Asset, R A Downing, NERC (1998)

2. Communicating Understanding of Contaminated Land Risks, SNIFFER (2000)

3. Environmental Law (4th Edition), Stuart Bell, Blackstone Press Ltd. (1997)

4. Local Environment Agency Plan, East Hampshire and Test & Itchen EnvironmentOverview, Environment Agency (1999)

5. Methodology for the Derivation of Remedial Targets for Soil and Groundwater to Protect Water Resources, Environment Agency R&D Publication 20 (2000)

6. ICRCL 59/83 Guidance on the assessment and redevelopment of contaminated land,2nd Edition, July 1987

7. Geology of the County around Southampton, Memoir for the 1:50,000 geological sheet315 (England and Wales), British Geological Survey, 1987, ISBN 0 11 884396 6

8. British Geological Survey, 1:50,000 Series, England and Wales sheet 315, Southampton,Solid and Drift Geology, 1987

LEGISLATION AND GUIDANCE

9. The Environment Act 1995, HMSO (1995)

10. SI 2000/227, Environmental Protection, England, The Contaminated Land (England) Regulations 2000, HMSO (2000)

11. DETR Circular 02/2000, Environmental Protection Act 1990:Part IIA Contaminated Land, HMSO (2000)

12. Contaminated Land Inspection Strategies, Technical Advice for Local Authorities, DETR (Draft for comment April 2000)

SOUTHAMPTON CITY COUNCIL PUBLICATIONS

13. City of Southampton, Local Plan, 1991 - 2001, SCC 1995

61

Appendix E References

Directorate of Housing and NeighbourhoodsEnvironmental Services & Consumer Protection Division

Pollution & Safety Service

Head of Division

Pollution & Safety Manager

Principal Environmental Environmental Health Environmental Health Health Officers x2 Officers x5 Technicians x4.5

Scientific Officers x3 Technical Clerks x1.5

62

Appendix F Internal Management of the Regime

FOR ACCESS TO THE PUBLIC REGISTER OR FOR FURTHER INFORMATION

CONCERNING THIS DOCUMENT CONTACT:

SOUTHAMPTON CITY COUNCIL ENVIRONMENTAL SERVICES AND CONSUMER PROTECTION DIVISIONEnvironmental Health Service -Pollution and Safety Southbrook Rise4-8 Millbrook road eastSouthampton SO15 1YGTel: 023 8083 4166Fax: 023 8083 3075Email: [email protected]

63

Appendix G

ST DENYS

B

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cal H sing O fice

School

Police Station

Shirley Adult Education

Centre

U

University

U

School

Southampton Common

Hampshire County

Cricket Club

Royal South Hants

Hospital

The Dell Southampton FC

Eye Hospital

Police Station

Civic Centre

Coach Station

Oceanography Centre

Ambulance Station

College

The Carronades

Technical College

Argyle Adult Education Centre

Job

Centre

L

Police Station

C

Local Housing Office

S

Northam Bridge

P

Ocean Village

J

West Park

East Park

Mayflower Park

Palmerston Park

Houndwell Park

Queens Park

Hoglands Park

CHAPEL

Frobisher House

Marland House

Overline House

Southbrook Rise

O

Archers House

O

Shirley Depot

Town Depot

S

School

School

School

School

School

School

S

School

School

School S

Southampton Institute

School

School

S

Schools

S

chool

S

School

S

School

School

Dock Gate 12

Dock Gate 10

Dock Gate 4

Dock Gate 3

Dock Gate 2

Dock Gate 1

Southbrook Rise

64

Appendix H Output from Consultation ProcessThe final version of the Inspection Strategy differs from the draft version following some ofthe comments received during the consultation process. Our response to some of the morefrequently occuring comments have been summarised below.

• Section 78R of the Environmental Protection Act 1990, requires every enforcing Authority to maintain a register containing prescribed particulars relating to the remediation of land statutorily defined as being contaminated. This has become commonly known as a “Contaminated Land Register”. However, this title may suggest the register lists all potentially contaminated or polluted sites and is therefore misleading. This concern was raised by Consultees and prompted Southampton City Council to name this register after the relevant statute reflecting its origin and content. This strategy document and all references by Southampton City Council will therefore use the title: Section 78R Register.

• Additional information has been included on the subject of risk assessment (section 6.5) to highlight the use of conceptual models when establishing the risks presented by a site.

• All generic guidelines and/or risk models subsequently used to determine the significance of risk will be selected ensuring they are based on the same assumptions used by this conceptual model.

• To promote the need to protect the environment from any detrimental effects arising from investigation and remediation works Chapter 3, Aim 6 now establishes the underlying objectives and priorities to be applied throughout the implementation of the strategy in this respect.

• Requests were made by statutory consultees to state more clearly those triggers thatwould result in their advice being sought. Provisions have been made throughoutthe final document indicating where advice will sought e.g. prior to intrusive site investigations, in determining a site and when devising remediation requirements.

However, the need for more specific mechanisms has been recognised and it is envisaged that these will be established by discussion between authorities and consultees using the Hampshire and Isle of Wight Contaminated Land Liaison Group as an appropriate forum.

• Details on specific sites were intentionally avoided throughout the document. The council recognises that the inappropriate use of site information can lead to land blight and will only publish such information where it is legally required and/or it is satisfied that it is factually correct and not unnecessarily detrimental to that area.

• During the adoption of this document Government reorganisation placed the contaminated Land responsibilities formerly with DETR with the newly created Department of Environment Food and Rural Affairs (DEFRA). This document has beenupdated to account for this. DETR publications published prior to this change maintain their original title of reference.

Designed, printed & produced by Southampton City Council6/01/13789

Documents

8/01/13752 (Final Version