Planning ...
Contaminated Land
What is contaminated land?
The Borough of North Tyneside has a long history of industrial development that dates back to the early 19th century. As a result some areas of land within the Borough contain industrial pollution.
Land contamination is usually the result of previous land usage(s) or may, in certain cases, be due to contaminants being present due to natural geological conditions. Such land may pollute controlled waters, release potentially toxic or explosive gases, damage buildings and affect human health by the ingestion of contaminated food / soil.
Under Section 78A (2) of Part IIA Environmental Protection Act 1990 'Contaminated Land' is defined as "Land which appears to the Local Authority to be in such a condition, by reason of substances in, on, or under the land, that significant harm is being caused, or there is a significant possibility of such harm being caused; or pollution of controlled waters is being, or is likely to be, caused." 'Harm' means harm to the health of living organisms or other interference with the ecological systems of which they form part and, in the case of man, includes harm to his property.
Is there any contaminated land in North Tyneside?
Whilst North Tyneside does have areas of land affected by contamination, no sites within North Tyneside have been formally determined yet as Contaminated Land in accordance with the new definition.
Action Taken
The Council will measure the likelihood of harm being caused from contaminated land and act when new uses are likely to come into contact with pollution and cause injury, illness or damage. If there is little or no likelihood of contact, or the injury, illness or damage caused is very small then there is no need for the Council to take action under the new law.
The Council will always encourage the clean up of contaminated land without using the new laws. Where this is not possible the Council will take action to make polluters and landowners clean up the land.
The Council will continue to give advice to owners of land and builders on the best way to re-use land affected by pollution to make sure that new users are safe and the environment is protected.
Contaminated land and the development process
If you are considering the redevelopment of a site formally in some form of commercial/industrial use, the Council will normally expect the submission of a site investigation report and details of measures to deal with contamination as part of a planning submission. Conditions may be imposed to ensure that any contamination is appropriately dealt with.
The Borough has moderate problems with mine gas and thus in support of any planning application the applicant should provide a site investigation report and details of measures to deal with mine gas/protect new development from gas ingress.
Further information can be obtained by contacting the Pollution Control Team.