Revised statutory guidance – new panel set up to assist LPAs in determining sites as contaminated land

Following the release of Defra’s revised Contaminated Land Statutory Guidance in April 2012, a National Panel of Experts has been set up to support Local Authorities in making decisions on whether land is or is not contaminated. The panel’s work will be focussed on cases that are not straightforward and where there is a question mark over whether the land is considered legally contaminated or not.

The Panel’s membership is made up of contaminated land experts including Local Authorities and the Environment Agency.

The work of the Panel will be used to develop case studies that will be sent to the wider sector as evidence of best practice, helping to promote consistency in decision-making.

Notes

  • Defra oversees the contaminated land legislative regime under Part 2A of the Environmental Protection Act 1990.
  • The Panel has not been set up to advise Government.
  • The new Guidance sets out a legal framework for taking decisions on whether land qualifies as contaminated in the form of a 4-category test.
  • The Panel will focus on cases that border the legal definition of contaminated land as set out in the revised Statutory Guidance (i.e. Category 2/3 border)
  • The Panel will advise on cases with priority given to those cases with a human health receptor

The article can be read here – http://www.defra.gov.uk/news/2012/10/24/expert-panel-set-up-to-support-local-authorities-on-contaminated-land-decisions