Contaminated Land Strategy
To fulfil the legislative obligations, Local Authorities have published Contaminated Land Strategies. The main objectives of the Strategy are to:
Identify and record all sensitive receptors
Identify and record sites that have the potential to be 'contaminated'
Assess whether a pathway exists between the potential source and receptor
Carry out a further detailed inspection of the site, if a potential pathway exists
The Contaminated Land Inspection Strategy 2020-2025 outlines how we intend to fulfil our duty for contaminated land.
Please note, although the Cornwall Contaminated Land Inspection Strategy is dated 2020 - 2025, this is still the current strategy in use. It is however, under review and will be updated in due course.
The legislative framework for the management of contaminated land is provided by:
Part II A of the Environmental Protection Act 1990.
Contaminated Land (England) Regulations 2000.
Under this framework, Cornwall Council (as an enforcing authority) has certain obligations. These are to:
Inspect the district and identify any contaminated land
Establish responsibility for the remediation of contaminated land
Ensure any necessary remediation takes place, either by agreement or enforcement action
Determine liability for the cost of any remediation.
What is 'contaminated' land?
Contaminated land in the UK has arisen as a result of historic industrial activities and waste disposal practices.
In the past, legal controls and standards within industry were not as high as they are today. This has resulted in polluted ground. There are some pollutants which are naturally occurring. These are also considered under this legislation.
Contaminating substances may include:
Metals/metallic compounds such as cadmium, arsenic, lead, nickel
Organic compounds such as oils, petrol, solvents, fats
Gases such as methane, carbon dioxide, hydrogen sulphide
For a site to be 'contaminated' a 'significant pollutant linkage' must always exist. The three components below must always be present to create a pollutant linkage:
Source - the contamination in, on or under the land
Pathway - route by which contamination reaches the receptor
Receptor - defined as living organisms, ecological systems or property.
The site cannot be defined as 'contaminated' land if there is a break in this pollutant linkage for example
there is a source
and a receptor,
but no pathway
Contaminated land management
The Council manages contaminated land through the planning and development process. This may apply when a site has a development proposal that requires planning approval. If it is believed that a site may be 'contaminated' then further information will be requested including a site investigation, if required.
Cornwall Council's Environmental Protection department have planning guidance for developers.
Following the site investigation, if the site is 'contaminated'. The Council may need the implementation of works to ensure that the site will be fit for use.
Cornwall Contaminated Land Register
A contaminated land register (CLR) held and maintained as prescribed by:
part 2A of the Environmental Protection Act 1990.
The register acts as a permanent record of the regulatory action taken.
Besides the CLR, there are 'Records of Determination' for the following sites.
Church Street Car Park, Falmouth is on land owned by Cornwall Council. A 'Remediation Declaration' was issued.
Wheal Maid Tailings Lagoons
Church Street Car Park, Falmouth
- Record of Declaration Church Street Car Park, Falmouth
- Record of Determination Church Street Car Park, Falmouth