Contaminated Land Conditions within Planning Consents.
When land that may have had previous contaminative use is to be developed, the Environmental Health Department will usually request planners place a graduated set of conditions requiring the applicant/developer/landowner to carry out investigations of increasing complexity depending upon the outcome of the various stages of investigation.
This work should be carried out competently by suitably qualified and experienced individuals. Because of this, the Environmental Health department is often asked what organisations exist to carry out this work. Unfortunately the Council can neiother recommend or endorse individuals or companies and due to experiences in the past is no longer prepared to offer a list of businesses/consultants.
How do I go about engaging a consultant if I don’t know where to start?
First, you could try obtaining quotes from environmental consultants as listed in Classified Pages of the BT Phone Book, Yellow Pages. If you have access to the Internet try making a search on an Internet search engine such as Google. You could try a search phrase such as “Contaminated Land Consultants”. Another useful web based directory is
http://www.endsdirectory.com/search/ website. Along the right hand side of the Homepage are a list of specialists. You could try “Brownfield Regeneration” or “Environmental Planning”
How do I know if the consultant will do a good job?
There is no certainty that a hired professional will always do a good job for you, but by making yourself more aware of what you want them to do and by asking a few questions it will help you to make sure your money is well spent.
First be clear that in some cases a well argued and evidenced desk top study (primarily using historic data sources such as Historic Ordnance Survey mapping ) with a Conceptual Site Model and Preliminary Risk Assessment may all be that is required.
In particular check out Part 3 starting page 166. Ask your consultant what information sources they propose to use and compare these with what’s in these documents. Ask them to explain any differences.
- Be wary if they only mention the inclusion of an internet based search. This information whilst useful does not constitute a desk study in accordance with recommended guidance and will not be accepted by the Council. Ask them if they will contact the contaminated land officer to find out what information is already held about the site.
If site intrusive sampling is required be sure to ask:
Why is the consultant:
- taking samples in the places and to the depths proposed?
- Taking or not taking ground water and ground gas samples (as the case be )?
- Asking a laboratory to analyse and report on contaminates chosen?
The reasons given should match the Conceptual Site Model and Preliminary Risk Assessment.
What About Qualifications of Consultants?
Planning Policy Statement 23, Annex 3 “Development of Land Affected by Contamination” has this to say about qualifications:
“..All investigations of land potentially affected by contamination should be carried out by or under the direction of a suitably qualified competent person and in accordance with BS10175 (2001) Code of Practice for the Investigation of Potentially Contaminated Sites. The competent person would normally be expected to be a chartered member of an appropriate professional body (such as the Institution of Civil Engineers, Geological Society of London, Royal Institution of Chartered Surveyors, Institution of Environmental Management) and also have relevant experience of investigating contaminated sites. The Specialist in Land Condition (SiLC) qualification administered by the Institute of Environmental Management provides an accredited status for those responsible for signing off LCRs (see www.silc.org.uk). Considerable effort and expense can be saved if an applicant and LPA agree to place relianceon the expertise of a single impartial expert of this kind with regard to technical matters..” You could therefore ask your proposed consultant if they have any of the qualifications listed above and ask for certificates proving this. Also ask for their CVs.
What about the Experience of Consultants and How Successful/Competent They are in What They Do?
- Take time to discuss the site and any planning conditions with the consultancy firm and explain that it is necessary that sufficient information is submitted to satisfy the local authority.
- Ask for references and follow them up. Ask referees
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- Were they happy with the work?
- Was it submitted on time or within an agreed deadline?
- Have there been any subsequent problems?
- Were there any problems with invoicing or payment requirements?
- What was the total cost of the project?
- Were letters and reports professionally presented in clear and concise English?
- If the firm appeared competent?
- If the work was related to a development site did it proceed smoothly?
- Were any conditions discharged?
- Did any problems with the local authority arise?
- Have they managed projects before? If so ask for examples.
- Do they have experience in writing comprehensive reports?
- Do they understand the legislation and guidance documents. Ask them about BS10175: 2011 – “Investigation of Potentially Contaminated Sites – Code of Practice or Model Procedures for the Investigation of Contaminated Sites
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- Do they have in-house quality assurance procedures?
- Do they have experience in risk assessment?
- Does the company have the capabilities of carrying out the work in terms of access to equipment and or software?
- Do they have the ability to bring in site equipment?
- Will the consultants discuss requirements with the Council on your behalf?
- Will the company be able to see the development through all stages from desk study to remediation and validation should this be required?
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- Will the company sign off the site as being “suitable for use” at the end of the job?
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- Will the consultants submit information to the regulatory authorities on your behalf or will the information and documentation obtained be sent to yourself only?
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- How do they work out their costs and what will it cost if they need to do work extra to the original quote? For example how much will they charge if the Council question work undertaken or want clarification of certain information?
- Always get quotes from at least three separate companies, make sure that the quotes are broken down so that it explains what you will get for your money and will make comparisons easier.