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									CONTENTS                                                              PAGE

1.0 EXECUTIVE SUMMARY                                                 3
2.0 OBJECTIVES                                                        4
3.0 INTRODUCTION AND OVERVIEW                                         4
3.1 Background
3.2 Consultation
3.3 Legislative Background
3.4 National Objectives
4.0 LOCAL LBWF POLICY                                                 6
4.1 Green Charter
4.2 Agenda 21
4.3 Unitary Development Plan
4.4 Biodiversity Action Plan
5.0 LEGISLATIVE REQUIREMENTS                                          7
5.1 Duty to Identify Contaminated Land
5.2 Duty to Prepare Strategy
6.0 IMPLICATED SECTIONS OF LBWF                                       8

7.0 CHARACTERISTICS OF THE BOROUGH                                    9
7.1 Housing
7.2 Urban Regeneration
7.3 Landuse
7.4 Conservation Sites
        7.4.1 Special Sites of Scientific Interest
        7.4.2 Principal Sites of Conservation Importance
        7.4.3 Sites of Local Nature Conservation Importance
7.5 Open Land
7.6 Archaeology Priority Zones
7.7 Authority Ownership of Land
7.8 Geology
        7.8.1 Solid Geology
        7.8.2 Drift Geology
        7.8.3 Hydrogeology
7.9 Boreholes, Abstraction Points and Source Protection Zones (SPZ)
7.10 Surface Waters
8.0 IMPLICATIONS OF THE STRATEGY                                      14
8.1 The Contaminated Land Strategy and the Planning Process
9.1 The LBWF Risk Assessment Approach
10.1 Stage 1- Identification of Potential Pollutant Linkages
10.2 Use of the Geographical Information System
        10.2.1 Source Datasets
        10.2.2 Receptor Datasets
        10.2.3 Classification of Source / Receptor Datasets

10.3 The LBWF Contaminated Land Risk Model
        10.3.1 Contaminated Land Risk Categories
        10.3.2 Limitations of the LBWF Risk Model
10.4 Stage 2- Identification of Actual Pollutant Linkages
10.5 Stage 3- Identification of Significant Pollutant Linkages
        10.5.1 Site Investigation Considerations
        10.5.2 Arrange Time for Access
        10.5.3 Powers of Entry
11.0 LIABILITY AND ENFORCEMENT PROCEDURE                              23
11.1 Determine Appropriate persons and Liability Groups
11.2 Specifying remedial Action

London Borough of Waltham Forest: Contaminated Land Strategy 2.0
        11.2.1 Remediation Undertaken by LBWF
        11.2.2 Non Urgent Cases
11.3 Limitation of costs to be Born by Appropriate Persons
11.4 Apportionment of Costs
11.5 LBWF Land Ownership
11.6 Providing Written Record and Consultation
12.1 The Environment Agency
12.2 English Nature
12.3 English Heritage
12.4 Department of Environment, Food and Rural Affairs
13.0 FIELD SCENARIOS                                                   27

14.1 Complaints and Concerns
14.2 Assessment of Information
15.0 INFORMATION REVIEW AND UPDATE OF STRATEGY                         29
15.1 Information review of Geographical Information System
16.0 INFORMATION ACCESS                                                30
16.1 The Contaminated Land Register
17.0 TIMESCALES FOR IMPLEMENTATION                                     31

1    -              Contact Details for Consultees
2    -              Stated National Objectives for Strategy
3    -              Potential Contaminative Landuses
4    -              Potential Sites in London Borough Waltham Forest
5    -              Special Sites
6    -              Powers of Entry, Urgent Action.

1     -             Location Map of LBWF
2     -             Unitary Development Plan – Proposals Map
3     -             LBWF Source Dataset
4     -             LBWF Receptor Dataset


London Borough of Waltham Forest: Contaminated Land Strategy 2.0
The London Borough Waltham Forest (LBWF) Contaminated Land Strategy has been developed to
satisfy the legal requirements of the Environmental Protection Act 1990 and the Contaminated Land
(England) Regulations 2000. This legislation requires all local authorities to develop and implement a
Contaminated Land Strategy. A three stage risk based approach has been developed to identify
contaminated land in the borough. A Geographical Information System (GIS) system, desktop audits
and site assessments are used to identify the presence of source, receptors and pathways to form a
significant pollutant linkage. LBWF, Environment Agency (EA) and other organisations such as the
English Heritage, English Nature, Department for the Environment Food and Rural Affairs (DEFRA)
are required to work in close liaison regarding contaminated land issues. LBWF is required to
undertake the following roles and responsibilities for the successful implementation of the LBWF
Contaminated Land Strategy:

 LBWF Roles and Responsibilities under the Contaminated Land Strategy
  Inspect sites in the borough to identify contaminated land in compliance with the strategy
  Identify and notify relevant parties that land is contaminated (occupiers, owners of land, Class
   A/B and EA)
  Consult the Environment Agency on pollution of controlled waters
  Decide if contaminated land should be special (unless appealed to Secretary of State) and
   transfer to the agency
  Ensure remediation of land identified as contaminated land (excluding special sites)
  Provide information to the Environment Agency

 For non special sites
  Consult with relevant persons
  Decide upon remediation requirements
  Decide who is excluded from liability, and apportion amongst remaining appropriate persons
  Refer special sites to the agency for assessment
  Maintain remediation registers and leave existing sites available for review
  Undertake regular review process of strategy and update sites as information becomes

The enforcement and implementation of this strategy is a complex role that will be carried out in
accordance with the LBWF Enforcement Policy 1998 and the Cabinet Office Concordat March 1998.
The implications of the LBWF Contaminated Land Strategy is explained in detail in the following
pages. This strategy has been developed to be consistent with national and local LBWF objectives
and policy documents.


London Borough of Waltham Forest: Contaminated Land Strategy 2.0
The objectives of this document are:
 fulfil the statutory requirement to prepare a contaminated land identification strategy
 show how the LBWF proposes to fulfil its statutory responsibilities under the Environmental
    Protection Act 1990 and the Contaminated Land (England) Regulations 2000
 inform all stakeholders of the Council’s intentions and
 provide information that will be helpful to the Environment Agency in its reporting to Central
    Government on contaminated land and implementation of the LBWF Contaminated Land

3.1 Background
                     th                    th
The nineteenth (19 ) and twentieth (20 ) century marked a change of landuse in urban areas.
Industrial landuses were absorbed by the ever-increasing urban sprawl as cities experienced a rapid
population increase. (Industrial sites were originally located in peripheral areas to assist in
transportation of goods). A fluctuating economy and an increasing conflict between existing industrial
sites and residential land resulted in the closing down or relocation of industrial sites leaving vacant
brownfield land in existing urban areas. Land previously used for waste disposal also left areas of
urban contaminated land. Today, public demand for the provision of housing has encouraged
government to develop legislation for the identification and management of contaminated land.
Problems encountered due to the mismanagement of contaminated land have illustrated to the
government that the efficient management of contaminated land makes good financial and
environmental sense.

3.2 Consultation
The following have been consulted in the development of the LBWF Contaminated Land Strategy:
        internal departments within LBWF, Community Protection Services, Planning and
         Development Services, Leisure & Recreational Services, Building Consultancy, Portfolio
         Management Services and Legal and Democratic Services
        neighbouring Boroughs of Haringey, Redbridge, Hackney, and Newham
        the Environment Agency, London Corporation, Lee Valley Park Authority, Thames Water,
         English Nature, English Heritage, Department for the Environment Food and Rural Affairs,
         Food Standards Agency, Waltham Forest Chamber of Commerce, Friends of the Earth,
         Hornbeam Environmental Care, Greenpeace, London Ecology Unit, Railtrack Property
        external organisations including local community groups.
The contact details for the groups involved in the LBWF consultation process is listed in Appendix 1.

3.3 Legislative Background
Historically central government legislation has determined how local authorities have managed
contaminated land. The development of legislation in the past has developed the current legal
framework of the LBWF Contaminated Land Strategy. Since the 1980s there has been a significant
increase in the development of contaminated land legislation. The Environment Agency (then the
Department of Environment) prepared a circular to incorporate contaminated land issues into the
planning scheme. The Town and Country (General Development) Order 1988 required local
authorities to undertake consultation to assist the planning process. It also highlighted that sites in
close proximity to possible contaminated land sites may be at risk from contamination effects
(pollutant linkage principle).
Section 143 of the Environmental Protection Act 1990 required local authorities to maintain a public
register of land that may be contaminated from previous “specified” uses. The enactment of Section
143 was delayed due to the potential for widespread land devaluations. The Environmental Agency’s
(EA) consultation paper titled “Paying for Our Past (March 1994)” marked a change in the
management of contaminated land. This introduced the following principles:
 commitment to the “polluter pays principle” and the “suitable for use approach”
 concern related to past contamination only
 remediation action to be pursued where the contamination posed actual or potential risks to the
     environment and there are affordable ways of doing so.
Following the release of this document significant public consultation and input from government
agencies and key stakeholders took place which resulted in the development of new contaminated

London Borough of Waltham Forest: Contaminated Land Strategy 2.0
land legislation. Part II Section 57 of the Environment Act 1995, adds Part IIA (S78A-78YC) to the
Environmental Protection Act 1990. Part IIA introduces the Contaminated Land (England) Regulations
2000 that became effective from 1 April 2000. These regulations detail specific legal requirements for
local authorities, the EA and other government agencies with respect to the management
contaminated land. In 02/2000 a DETR circular titled Contaminated Land: Implementation of Part IIA
of the Environmental Protection Act 1990 was produced to give local authorities statutory guidance on
the production of contaminated land strategies. The production of the LBWF Contaminated Land
Strategy has been developed to satisfy local authorities statutory obligations.

3.4 National Objectives
The prevention of new contamination from implementing effective pollution control regimes such as
integrated pollution control (IPC) and local authority air pollution control (LAAPC) has been identified
as the first national objective. This can be achieved through the efficient monitoring and enforcement
of illegal dumping and effective pollution prevention controls.
The suitable for use approach is basis of the second national objective. The suitable for use approach
ensures that contaminated land is treated to address unacceptable, actual or perceived risks to
human health and the environment, taking into account the proposed use for the site. This approach
ensures that the remediation costs involved in the recycling of contaminated land faced by
appropriate persons are manageable and economically viable. The stated national objectives for the
management of contaminated land is listed in Appendix 2.

This strategy has been developed consistent with the following LBWF local aims, objectives and
policy documents.

4.1 Green Charter
The LBWF Green Charter document was developed in 1989 and revised in 1996 as apart of the Local
Agenda 21 requirements. This document sets out corporate environmental principles such as:
 monitoring of pollution
 preserving the natural and built environment
 energy conservation and natural resources
 encouraging transport patterns, and waste minimising and recycling.
With respect to pollution, the aim of the LBWF Green Charter.. "to work...in partnership with other
boroughs and agencies, to combat pollution of land, air, and water; and to campaign for more
effective powers and increased resources to deal with such pollution".

4.2 Agenda 21
The Waltham Forest Local Agenda 21 Action Plan sets aims, objectives and actions regarding
specific areas of environmental management. Waltham Forest’s Local Agenda 21 Action Plan 2000
identifies the following environmental areas that relates to the Contaminated Land Strategy:
Transport and Pollution
Aim: To promote sustainable transport in the Borough and to help reduce traffic related casualties;
reduce pollution and improve air quality; to create a fast, effective and fully accessible public transport
system and better facilities for pedestrians and cyclists.
Open Spaces and Nature Conservation
Aim: to help conserve, protect and regenerate open spaces in Waltham Forest.
Recycling and Waste Minimisation
Aim: To help reduce the amount of waste produced in Waltham Forest by encouraging responsible
attitudes to waste management and sustainable waste management practices.
Objective H: To promote enforcement of waste legislation.
Objective J: To reduce litter and dumping.
Energy and Water Conservation
Aim: To significantly reduce the consumption of energy and water by all sectors in the Borough in
order to improve the health and wealth of local residents and contribute to resource conservation,
reduction of pollution and a sustainable future for all people.
Objective H: To protect the Borough’s freshwater sources and minimise any pollution.
Young People and the Environment
Objective H: To reduce waste and dumping.


London Borough of Waltham Forest: Contaminated Land Strategy 2.0
4.3 Unitary Development Plan
The LBWF Unitary Development Plan adopted January 1996 details the requirements that developers
must satisfy when proposing to develop a site on or in close proximity to contaminated land. Detailed
site investigations are required to identify the type, location and amount of pollutants present. Special
consideration must be given to the suitability of the proposal relative to the existing contamination of
the site. These requirements are listed in Part II Chapter II of the Unitary Development Plan (Env 6). If
sufficient information is not presented to LBWF to illustrate the risk to human health, ecosystems,
controlled waters, building and property will be minimised then the development will not be approved
as outlined in Env 7 and Env 8 of the Unitary Development Plan. LBWF officers also consult the
Planning Policy Guidance note (PPG) 23: Planning and Pollution Control (1994) for technical advice
when identifying potential risks associated with the development of contaminated land. Both the PPG
23 and the Unitary Development Plan are currently under review. For the purposes of the LBWF
Contaminated Land Identification Strategy the First Deposit Proposals Map 2002 (attached as Figure
2) is used.

4.4 Biodiversity Action Plan
This document and associated Habitat Action Plans identify the boroughs most threatened or
important species and habitats, and sets out mechanisms and action needed to conserve them.

5.1 Duty to Identify Contaminated Land
The duty to identify contaminated land is established in Part IIA Section 78B of the Environmental
Protection Act 1990 as follows:
78B(1)Every local authority shall cause its area to be inspected from time to time for the purpose:
(a) of identifying contaminated land; and
(b) of enabling the authority to decide whether any such land is land which is required to be
designated as a special site.
A statutory definition of contaminated land is introduced in S78A (2), based on the likelihood of
significant harm or the pollution of controlled waters as follows:
78A(2) "Contaminated land" is 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; or
(b) pollution of controlled waters is being, or is likely to be, caused.
Controlled waters as defined by the pollution control act: includes the sea up to the three mile limit,
estuaries, water contained in underground strata, and most lakes, ponds, reservoirs, rivers and other
Significant harm includes human health effects as defined, specified harm to protected ecological
systems, substantial damage to or failure of buildings, and specified damage to or loss of crops or

5.2 Duty to Prepare Strategy
Local authorities are required to develop contaminated land strategies under Part IIA Section 78B of
the Environmental Protection Act 1990. The DETR Circular 2/2000 Contaminated Land:
Implementation of Part IIA of the Environmental Protection Act 1990 provides statutory guidance that
requires local authorities to develop a strategic approach to the identification of contaminated land
 is rational, ordered and efficient
 is risk based and focuses on where contaminated land is most likely to be found (sites that are
    currently causing human health impacts are the highest priority level)
 establishes an efficient framework for detailed inspection
 involves consultation with the Environment Agency and other relevant bodies
 is documented, adopted, published, implemented and periodically reviewed.


London Borough of Waltham Forest: Contaminated Land Strategy 2.0
The successful implementation of the Contaminated Land Strategy relies on effective communication
and co-ordination of the following sections of LBWF:
Planning and Development Services
Development Control & Transportation Land Use - high risk sites may be easily identified by
assessing the existing planning and development policies and focusing on particular areas of the
borough that have been “earmarked” for future development. The planning process will compliment
the LBWF Contaminated Land Strategy in the management of contaminated land. Sites that have
been classified as contaminated from both the planning process and the new regime are to be
recorded and regularly updated on the contaminated land register that will be maintained by LBWF.
Building Control - have duty to enforce protection measures to mitigate the impacts of contaminated
land on the property. Officers from this department may be requested to provide technical advice and
carry out joint site investigations and reassessments.
Legal and Democratic Services
Legal Services - land owners, occupiers and Class A/Class B appropriate persons (as defined in
S11.1), and LBWF could be legally implicated with the introduction of this new legislation. Specialist
legal advice and information relating to all aspects of this legislation may be required during the
implementation of the Contaminated Land Strategy. Legal advice may also be obtained from the
Environment Agency;
Street Services
Street Services/Engineering Design and Construction - prior structures such as roads and footpaths
that have been constructed on previously contaminated land may present the risks to potential
receptors. Under Part III of the New Roads and Highways Act 1991 registers of special “engineering
difficulties” must be maintained. This includes projects of risk to land contamination.
Strategy and Resources Services
Information Technology - information layers such as sources, receptors and pathways are to be
stored on the geographical information system (GIS) to be run by MAPINFO software in LBWF. The
LBWF contaminated land officer will be responsible for ongoing updates to the GIS system. Training
and support will be required in LBWF for officers using the system. Data protection, copyright and
information issues will also have to be adhered to this may require advice from Legal Services.
Portfolio Management Services
Buildings Management / Facilities Management - land utilised / owned by LBWF by these
Departments may be contaminated and require remedial works to be undertaken. LBWF buildings
and facilities are to be identified on the GIS system to assist in the identification of these sites.
Community Protection Services
Environmental Health - the LBWF contaminated land officer will be the key contact with respect to all
issues regarding the Contaminated Land Strategy. This officer will also be responsible for undertaking
consultation and driving the statutory procedure.


London Borough of Waltham Forest: Contaminated Land Strategy 2.0
The London Borough of Waltham Forest borders onto six other local authorities, namely Epping
Forest District to the North, London Borough of Enfield and London Borough of Haringey to the West,
London Borough of Hackney to the South West, London Borough of Newham to the South and
London Borough of Redbridge to the East. The location of LBWF is illustrated below in Figure 1.
                                    Figure 1: LBWF Location Map

Waltham Forest covers an area of almost 10,000 acres in Northeast London, with a population at the
time of the 1991 Census of 212,030. The Borough is predominantly residential interspersed with
areas of industry and surrounded by open land.

7.1 Housing
Part II Chapter 6 of the Unitary Development Plan identifies the following areas of housing conflict in
the borough, affordable housing, dwelling types, provision of housing for people with specialised
needs, dwelling conversions, vacant housing, Councils owned housing and travellers. The current
council housing stock in Waltham Forest suffers from maintenance problems or lack of facilities.
Earthworks associated with maintenance and repair works can possibly expose contamination
sources to receptors. The Contaminated Land Strategy will assist LBWF to identify potentially
contaminative land so that housing can be provided and maintained without impacting on human
health, buildings/property, and ecosystems.

7.2 Urban Regeneration
Land shortages and policies protecting open land have encouraged LBWF to meet provision of
housing objectives by recycling previously occupied industrial/commercial land.
It is important that sites set aside for urban regeneration are clearly identified in the LBWF
Contaminated Land Strategy.
The current LBWF urban regeneration projects are as follows:
 Objective 2 and assisted areas

London Borough of Waltham Forest: Contaminated Land Strategy 2.0
 New Dimensions for Stratford and Temple Mills
 Lea Bridge Gateway
 South Leytonstone Community Partnerships
 North Leytonstone Capital Challenge
 New Opportunities for Walthamstow (NOW)
 Leyton Strategic Plan.
In the southern part of the borough industrial and commercial premises (potential sources) are often
located in close proximity to houses (receptors). The Temple Mills Railway Land is the largest piece of
formerly occupied industrial land in the borough. This parcel of land was identified by the London
Planning Advisory Committee (LPAC) as a growth point for urban regeneration. It is suggested that
this particular area may be closely scrutinised in the identification process of the Contaminated Land

7.3 Landuse
The current quality of land available for development has been determined by the nature of the past
land use. Historically, land has become available on sites that have formerly been occupied by a wide
range of commercial and light industrial landuses such as furniture, vacuum flasks, clothing, electrical
goods and paper products. Whilst these sites are scattered throughout the borough the majority
former industrial / commercial land (as detailed in Appendix 3) are located in the southern part of the
borough. The sites that have submitted site investigation reports have been recorded. They are listed
for further reference in Appendix 4. It is important that these sites are incorporated into the LBWF GIS

7.4 Conservation Sites
The LBWF Unitary Development Plan identifies different sites of conservation significance. Figure 2
attached titled “Unitary Development Plan: Proposals Map First Deposit Draft 2002” can be used to
reference the specific location of these sites in the borough. Figure 2 can be accessed inside the rear
cover of this strategy document. It is important sites of conservation importance are clearly identified
in the GIS so they are not disturbed when site intrusive investigations are undertaken in stage three of
the identification process.

        7.4.1 Sites of Special Scientific Interest
The following locations have been classified as sites of special scientific interest (SSSI) as they
support scientifically significant species of flora/ and or fauna in the borough;
 Chingford Reservoirs
 Epping Forest
 Walthamstow Reservoirs
 Walthamstow Marshes.
The UDP can be referenced for further explanatory notes on the location of the SSSIs in the borough.

         7.4.2 Principal sites of Conservation Importance
Principal sites of Nature Conservation Importance are listed in Schedule 7 of the Unitary Development
Plan 1996. These sites are the most important for nature conservation in the borough as they support
diverse communities of plants and wildlife. They are generally located in the Epping Forest and the
Lea Valley:
Epping Forest
Chingford Plain (West) and Pole Hill
Chingford Plain (East) & Bury Wood
Warren Pond and Whitehall Plain
Hatch Forest
Hatch Plain
Highams Park
Oak Hill
Walthamstow Forest
Gilberts Glade and Rising Sun Wood
Leyton Flats
Wanstead Flats
Lea Valley
Spencers Farm

London Borough of Waltham Forest: Contaminated Land Strategy 2.0
Lee Diversions and margins
Banbury Reservoir
Tottenham Marshes
Walthamstow Reservoirs
Walthamstow Marshes
Essex Filter Beds
Other Sites
Mansfield Park
Ainslie Wood
Ching Brook
Temple Mills

         7.4.3 Sites of Local Nature Conservation Importance
The sites of local nature conservation importance are listed in Schedule 8 of the Unitary Development
Plan. These sites are of lesser quality then the principal sites of nature conservation but still provide
areas limited interest for observing wildlife. These sites are located in the borough as listed:
Waltham Way
Larkshall Road
Kings Road
The Copse
Old Church Road
Suffield Hatch
Lloyd Park
Church End
Greenway Avenue
South Access
Low hall Farm
Dagenham Brook
Church Road
Langthorne Road.

7.5 Open Land
There are few areas of significant open land in the built environment in the borough. The Epping
Forest and the Lea Valley provide two green corridors on the eastern and western extremities of the
built environment.
The open space land in middle of the borough is not well integrated with the built environment. Small
pockets of open land such as gardens and churchyards sites improve the amenity of the borough but
fail to form significant links for wildlife habitat/corridors.
An assessment of topographic maps indicates the presence of thirty five (35) playing and recreation
fields, and five (5) cemeteries in the borough. All classifications of open land will be clearly identified
in the LBWF GIS system.

7.6 Archaeology Priority Zones
The Archaeology and Local History Centre at Passmore Edward’s Museum has defined a number of
archaeological priority zones (APZ’s). Some of the APZs include the whole of the Lea Valley, the
Valleys of the Ching and the Fillebrook and areas around former medieval settlements such as
Chingford, Walthamstow, Leyton, Highams Park and Leytonstone. It is important that these sites are
clearly identified on the GIS system so that investigating officers can take the necessary precautions
when undertaking soil sampling.

7.7 Authority Ownership of Land
LBWF is the landowner for many sites in the borough. The land use of these sites can vary from
former industrial sites to offices, depots, public buildings etc.

7.8 Solid Geology
When identifying contaminated land it is essential to have knowledge of the underlying geology.
Factors such as soil type, soil permeability and characteristics, hydrology, geomorphology, solid
geology and drift geology can influence pollutant migration and movement through the soil profile.


London Borough of Waltham Forest: Contaminated Land Strategy 2.0
The London Borough of Waltham Forest lies on the North Eastern side of the Thames basin, a
elongated basin composed of chalk, deposited during the Cretaceous period. The thickness of chalk
that forms the Chiltern and South Cambridgeshire Hills passes under central London and Essex and
surfaces as the North Downs of Surrey and Kent.
Overlying the chalk is a variety of sediments of sand, clay and shell beds, collectively known as the
Lambeth group. The Lambeth group is predominant to the south of the borough, where the overlying
clay beds reduce in thickness.
Overlying the Lambeth Group is the London Clay. This formation was deposited some 50 million
years ago in subtropical marine conditions. This blue/grey fossiliferous clay is up to 125m thick in
places and is predominant to the north of the borough and decreases in thickness to the south of the
Lying on top of the London Clay is a sandy clay called the Claygate Beds. The Claygate Beds are
prevalent to the north of the borough.
The Chalk, Lambeth Group, London Clay and Claygate beds are referred to as the solid geology,
being the rocks that underlie glacial and superficial deposits. These glacial and superficial deposits
are known as drift deposits and were predominantly lain down during the Pleistocene period (early
epoch of the Quaternary).

        7.8.1 Drift Geology
The drift deposits of the borough of Waltham Forest include deposits of boulder clay and glacial
gravels to the north of the borough on the higher ground. The most recent deposits associated with
the River Lea Flood Plain are located in the West of the borough. These river gravel deposits consist
of mainly of silt, sand, clay and peat. The most extensive river gravel deposits Hackney gravel and
Taplow gravel are located in the southern part of the borough. These are associated with the River
Lea, a tributary of the River Thames. Alluvium, the product of sedimentation by rivers, is found
throughout the borough and is mainly composed of fine gravels, silt and sand.

         7.8.2 Hydrogeology
Hydrogeology is the process by which water moves through the soil profile. The type of solid geology
in any particular area determines how water moves. On sites consisting of clay water movement
through the soil profile is expected to be poor. The composition of the London Clay Formation is
characterised by clayey, poorly draining ground with limited potential for surface water to reach
ground water aquifers. The London Clay Formation forms an almost impervious layer to waterborne
contaminants that preventing the transmission of groundwater. The risk for aquatic pollutant migration
is highest in the south of the borough as the formation thins in this area. Excavations and boreholes
may provide pathways for surface water and pollutants to penetrate the formation.
Whilst the Claygate Member is a moderately well drained surface, although drainage waters cannot
easily pass through it that assists in the isolation of waterborne contaminants.
The river terrace gravels allow for the free water movement within them. Water is also able to
percolate down through gravel layers thus allowing waterborne contaminants to move easily through
the soil profile.
The water table is at or near the surface of the alluvium deposits and as such the area is prone to
flooding in the borough. This feature will be clearly identified on the GIS system as it may assist the
migration of contaminants.

7.9 Boreholes, Abstraction Points and Source Protection Zones (SPZ)
There are approximately two hundred boreholes and approximately sixteen abstraction points in the
borough. There are numerous Source Protection Zones (SPZ) located in LBWF. Some of these
boreholes are used for a water source for use in the manufacturing. The zones around the SPX’s
show a 40 to 500 day ragtime for a contaminant to reach the extraction point. The EA recommends
that development should not occur in the inner SPZ (50 day travel time) as there is unlikely to be
enough time for dilution of contaminants in this area before they reach the aquifer. Monitoring and
control of the groundwater quality is to be undertaken when developing in close proximity to an outer
SPZ (400 day pollutant migration period).

7.10 Surface Waters
The drainage of LBWF is serviced by the drainage into the water bodies and reservoirs in the west of
the borough. William Grilling, Banbury, Lockwood, Warick reservoirs located in the upper to mid
catchments provide potable water storage for the surrounding region. The Lea River then takes


London Borough of Waltham Forest: Contaminated Land Strategy 2.0
various forms through the Walthamstow Marshes and the Hackney Marshes before finally feeding into
the Thames River.
The Lea and its associated watercourses are the principal river system in Waltham Forest. Smaller
streams such as The Ching and Dagenham Brook flow into the River Lea. The Chingford and
Walthamstow reservoirs represent one of the largest expanses of open water in London. Epping
Forest also contains a number of smaller waterbodies.
The boroughs rivers are important for drainage purposes and the reservoirs are significant for the
regions water supply. Together with other open water areas they also provide opportunities for
recreational activities and increased amenity. Many water areas also provide ideal nature
conservation areas.

8.1 The Contaminated Land Strategy and the Planning Process
 Prior to the development of the Contaminated Land Regulations 2000 contaminated sites were
generally identified and managed under the Town and Country Planning Act 1990. The new
contaminated land legislation requires LBWF to develop a contaminated land strategy and undertake
active desktop studies and site investigations. Under the current planning scheme developers need to
provide full technical evidence at the time of planning application to show that the development can
safely proceed with minimal effects to human health, controlled waters, ecosystems, property and
buildings. ENV6 of the UDP states that “when considering applications for developments on sites
which are possibly contaminated, the Council will need to be satisfied that the development can safely
be constructed and used”. S2.6 states that for possible contaminated sites developers will be required
to carry out detailed site investigations to identify pollutants present.
 Historically developers have been reluctant to develop contaminated land due to uncertainties
associated with remediation responsibilities when developing contaminated land. Previously land
remediation was required to be undertaken by the developer of the site. This system did not ensure
the persons responsible for the pollution were accountable for the remediation costs (polluter pays
principle). The identification of occupiers, owners and appropriate persons (Class A and Class B as
defined in Section 11.1) is a very important component of the new contaminated land legislation. The
apportionment of costs test ensures that appropriate persons are held financially accountable
responsible for the remediation costs based on the level of pollution they caused for the site.

In developing a strategic approach for the identification of contaminated land in the borough the new
contaminated land legislation requires the following points to be thoroughly addressed:
 the distribution of potential sources of contamination and specified receptors across the borough
    (e.g. human health, housing/property, ecological receptors) and the extent to which receptors are
    likely to be exposed to a potential pollutant (potential pollutant linkages)
 the history, scale and nature of industrial activities; the nature and timing of past redevelopment;
    current information on land contamination
 existing evidence of significant harm and pollution of controlled waters
 previous remediation carried out and remediation that is expected to be carried out in reference to
    the proposed use (suitable for use approach)
 related studies/ LBWF policy/ best practice guidelines.

9.1 The LBWF Risk Assessment Approach
The LBWF risk based approach ensures high priority sites or sites where actual pollutant linkages
exist are to be investigated first. It essential that the sites must satisfy the criteria of the preliminary
stages before it is further assessed. After initial classification the sites can be reclassified once further
information is made available to LBWF. Site classifications can be updated and reviewed based on
the information available. In this way, the local authority can establish priorities based on the degree
of risk of significant harm and to begin by investigating further the highest priority cases first.
The LBWF Contaminated Land Strategy is based on the presence of the three elements of a
significant pollutant linkage (source, receptor and pathway). The DETR Contaminated Land:
Implementation of Part IIA of the Environmental Protection Act 1990 statutory guidance states:
Without the identification of all three elements of a pollutant linkage, land should not be identified as
contaminated land". The essential elements of a significant pollutant linkage are illustrated below;


London Borough of Waltham Forest: Contaminated Land Strategy 2.0
 Elements of pollutant linkage

                             Pathway (via soil or air)
 (source)                                              (target)

The elements of a pollutant linkage are identified using a three stage risk based identification model.

The model comprises of three stages:

 Stage 1:       Identify potential pollutant linkages. The GIS system will indicate the location of
sources and receptors across the borough. The location of sources and receptors will be recorded
and the potential pathways will be assessed. Sites will be rated relative to the probability of a potential
pollutant linkage occurring. The high-risk sites will be the first to proceed to the second stage first;

Stage 2:        Establish actual pollutant linkages (or a reasonable possibility of their existence). The
validation of the basic data in Stage 1 is undertaken via a site assessment and a formal desktop
study. Liaison and input is considered essential through this process; and

 Stage 3:       Establish significant pollutant linkages. Onsite intrusive investigations soil sampling
etc. is the method of identification used in this stage. Liaison and input from other agencies may also
be incorporated in this stage. Once all significant pollutant linkages have been established liability
tests and the consultation and statutory enforcement process will follow.
The three stages of the LBWF Contaminated Land Strategy are discussed in more detail below.

10.1 Stage 1- Identification of Potential Pollutant Linkages
Stage 1 aims to assess the spatial relationships (coincidence/ influence) between potential sources
and receptors (human health, ecosystems, property) using the GIS system. Stage 1 aims to illustrate
the likelihood of the presence of a potential pollutant linkage. The significance of a pollutant linkage
can be represented by coincidence (receptor directly overlying the source) or influence (receptor lying
within a defined zone).

10.2 Use of Geographical Information System (GIS)
The use of the GIS system ensures the data is readily accessible to all sections of LBWF Council
(e.g. Environmental Health, Building, Planning) and the public. Read only versions are proposed to be
available on the internet and LBWF intranet to allow the public and LBWF officers to undertake basic
site inquiries.
Data in the GIS system will be represented in the following format:
 Source Datasets: identification of actual or potential contaminants, historical landuse, site
     surveys and investigations
 Receptors Datasets: identification of actual or potential receptors - current landuse, surface
     waters, groundwaters and ecological receptors
 Pathways: identification and characterisation of pollutant pathways- geology, hydrogeology, soils
MAPINFO is the mapping software used for the concise representation of sources, receptors and
pathways to assess the presence of potential pollutant linkages. The identification of pollutant
linkages is assessed by spatial analysis. The spatial correlation between source and receptors can be
examined using the GIS system. The correlation in the case of contaminated land, being of the type:
        coincidence - where source and receptor occupy the same space (e.g. where a childrens
         playground has been constructed on a previously contaminated site);
        influence - where there is an assumed or known zone of influence associated with source and
         receptor (e.g. construction of potentially contaminative landuse within the Source Protection


London Borough of Waltham Forest: Contaminated Land Strategy 2.0
The LBWF GIS system will produce various levels of information detail based on the complexity of the
query. Officers in the Environmental Health, Planning, Building and Legal will access the GIS system
to support technical based decisions. The Contaminated land officer will be responsible for the
amendment and update of information on the GIS. Information will be inputted into the GIS system
from existing digital sources (supplied by LBWF or EA or BGS), adding other third party data, and
converting paper records into the digital format. A report module will allow LBWF officers to generate
automated reports on a particular site. The user of the system can select the information layers that
are represented in the report.

          10.2.1 Source Datasets
The source datasets represent areas of past, present and potential activity that may contain
contaminative substances or pollutants. Source datasets in a digital format will be obtained from
reputable alternative sources such as the EA or BGS. Information on hardcopy will be transposed into
a digital format. The proposed source datasets are listed below:

 Dataset                                                              Origin      Format
 Potential contamination sources                                      EA          (previously single
 Geology/Hydrogeology                                                 EA          Digital

 Historical Mapping                                                   Landmark    Digital
 Historical land use                                                  Landmark    Digital
 Part A processes                                                     EA          Digital
 Part B processes                                                     EA          Digital
 LBWF historical records (planning files etc.)                        LBWF        Paper
The abovementioned source datasets are examples only. The list is not definitive. This also applies
for the receptor datasets. Other source datasets or information may be included into the GIS system
as it becomes available. An example of a GIS output of the LBWF source datasets are displayed
                                  Figure 3: LBWF Source Dataset

* "Geological Map, British Geological Survey,                NERC".


London Borough of Waltham Forest: Contaminated Land Strategy 2.0
        10.2.2 Receptor Datasets
The receptor datasets are classified as human, building/property, controlled waters or ecological
receptors. The human receptor dataset is primarily presented by current land use. The controlled
water dataset will include rivers, open water features and groundwater aquifers. The ecological
dataset represents areas designated for nature conservation. A specific data set for building not
considered necessary as this information will be incorporated in other information layers. Examples of
the receptor datasets are listed below:

 Dataset                                                       Origin             Format
 Human receptors
 OS Topographic mapping                                        OS                 Digital
 LBWF UDP zones                                                LBWF               Digital
 LBWF open space                                               LBWF               Digital
 Cities    Revealed/UK        Perspectives              Air    LBWF               Digital
 Controlled waters
 Aquifers                                                      EA                 Digital
 Dataset                                                       Origin             Format
 Surface water locations and objectives                        EA                 Digital
 Boreholes                                                     LBWF               Digital
 Water abstraction points                                      EA                 Digital
 Groundwater vulnerability                                     EA                 Digital
 Drift geology                                                 BGS                Digital
 Solid geology                                                 BGS                Digital
 Ecological receptors
 Sites of Special Scientific Interest                          English Nature     Digital
 Site of nature conservation                                   LBWF               Digital

An example of the LBWF receptor datasets in MAPINFO format is illustrated in Figure 4 below.

                                         Figure 4: LBWF Receptor Dataset

* "Topographic Map, Ordinance Survey  Crown Copyright".


London Borough of Waltham Forest: Contaminated Land Strategy 2.0
         10.2.3 Classification of the source / receptor datasets
The list of potentially contaminative landuses attached in Appendix 3 can be divided into hazard
classes based on the contaminative potential. Some former uses have a high probability of
contamination (e.g. chemicals or petroleum manufacture, recovery or refining) whereas others have a
lower such probability (e.g. food manufacture).
The receptor dataset can be divided into four components: humans, property, controlled waters and
ecological. This will enable LBWF to prioritise risks of harm to human health in accordance with the
statutory guidance.

10.3 The LBWF Contaminated Land Risk Model
The LBWF contaminated land risk model has been developed to allow scoring of the different
sources, pathways and receptors for a site. Once the receptors and the sources are identified using
the GIS system the source receptor correlation (influence/ coincidence) is to be assessed. The
purpose of this is to investigate the likelihood for a potential pathway between the source and the
receptor. For example, a high source hazard combined with high receptor susceptibility equates to the
highest likelihood of an actual pollutant linkage. This simple scoring system is the Canadian paper
based prioritisation tool that allocates a risk rating of contamination for each site in the borough.

          10.3.1 Contaminated Land Risk Categories
 The model will then be applied within the GIS to classify each resource and receptor according to the
appropriate risk class based on spatial coincidence. In essence, this means giving a “score” to each
site reflecting the likelihood of a significant pollutant linkage from which the most potentially significant
(i.e. the highest scores) can be prioritized for taking on to Stage 2. From the schedule, the higher risk
sites will be passed forward to the Stage 2 and 3 for analysis. The approach allows sites to be
subsequently processed according to a risk-based priority.
Information collected from the later stages (e.g. site intrusive soil tests etc.) will be fed back into the
model so that the strategy always contains always reflects the risk characterisation based on the most
up-to-date information.

         10.3.2 Limitations of the LBWF Risk Model
Discretion must be exercised and liaison should be undertaken during the risk assessment approach.
The LBWF contaminated land identification process applies a matrix of severity versus likelihood.
Therefore it is important that the assumptions associated with the risk assessment model are
recorded and consistent. Due to the complexity involved with this process it is suggested that a
suitably qualified person is responsible for driving the LBWF contaminated land identification model.
The LBWF contaminated land officer would be responsible for the application and maintenance of the
Contaminated Land Strategy.
The identification of sources, receptors and pathways will only be as accurate as the data that is used
in the generation of the GIS system. It is important the datasets and information to be inputted into the
GIS system is scientifically valid and as accurate as possible. Only validated data from recognised
sources (EA, BGS, LBWF etc.) will be utilised in the construction of the GIS system.

10.4 Stage 2- Identification of Actual Pollutant Linkages
This stage involves establishing the presence of an actual pollutant linkage. High priority sites set in
Stage 1 are carried forward to Stage 2 on the basis of priority and available resources. Human health
impacts are to be assessed on a priority basis. Stage 2 involves desk-based studies and a site visit to
validate the information and classifications of the higher risk sites identified during Stage 1. Support
material may be used to enable an efficient assessment of the separate elements of the potential
pollutant linkage source, receptor and pathway.
Stage 2 can be separated in two phases as follows:
 Stage 2A: a site visit and completion of a site checklist serves to validate the data generated from
     Stage 1. Site investigations are to be undertaken by the LBWF contaminated land officer to
     confirm the site specific details. If the potential pollutant linkage is not identified, then this
     information will be fed back into the MAPINFO GIS system and the site will be allocated a low
     level risk classification. Sites with higher risk classifications will proceed to stage 2B for further
     investigation. It should also be noted that if there is sufficient information to determine a site
     “contaminated” then the procedure may be fast tracked through the stages outlined. If it is
     concluded that there may be a pollutant linkage, the procedure outlined in Stage 2B will be


London Borough of Waltham Forest: Contaminated Land Strategy 2.0
    Stage 2B: a formal desk study that incorporates information additional to that contained in the
     GIS datasets will be undertaken. Specialist advice from external bodies such as the Environment
     Agency, English Heritage etc. may assist LBWF Council to substantiate the existence of a
     significant pollutant linkage. There may be more than one significant pollutant linkage identified
     for the site. Additional information (e.g. a ground investigation report) may be submitted to the
     local authority from the site owner or occupier for assessment. The objective of Stage 2B is to
     consider whether land can be determined as contaminated land or not on the basis of available
     information. Where there is a reasonable possibility that a significant pollutant linkage exists but
     there is insufficient information to make a determination, intrusive investigations may be required,
     outlined in Stage 3. At each stage in the process sufficient information is required to determine
     whether the land is contaminated.

10.5 Stage 3 Identification of Significant Pollutant Linkages
The aim of stage 3 is to establish the presence of a significant pollutant linkage. If the information
revealed from previous stages is insufficient a site intrusive investigation (trial pits or boreholes, for
example) can be undertaken to confirm a significant pollutant linkage for the site. Physical evidence
gained from this activity may alone be sufficient to determine if a site is contaminated. Generally
information obtained from this process will reinforce information from earlier stages in the
identification process. Surface deposit sampling may be performed during a site assessment but
generally a site assessment alone would prove inconclusive. In most cases permission will be
required from the landowner prior to gaining access onto the site. However, in accordance with the
DETR Circular Contaminated Land: Implementation of Part IIA of the Environmental Protection Act
1990, an intrusive investigation will only to be carried out where three conditions are met. The three
conditions are as follows:
 insufficient information to make a determination without such investigations
 a reasonable possibility of a pollutant linkage being present and
 a likelihood that both a contaminant and receptor are present.

The scope of any intrusive investigations will be limited to that necessary to make the contaminated
land determination. This is because, if land is identified as contaminated land, subsequent
investigations may be sought by the Council under remediation notice powers in order for the
characterisation to be carried out by the appropriate person(s) as part of remediation works.

         10.5.1 Site Investigation Considerations
Before authorising or undertaking a site intrusive investigation using statutory powers of entry under
Section 108 of the Environment Act 1995, the Council will consider whether the site would fall under
the definition of a special site. In this case LBWF will seek to make arrangements for the Environment
Agency to carry out the inspection on behalf of the Council. This is because the Environment Agency
is responsible for the regulation of special sites, although the Council is still responsible for the initial
determination that the land is contaminated land and, if so, whether or not the site is a special site.
The local authority should ensure that whist undertaking site intrusive investigations all reasonable
precautions are undertaken to avoid water pollution and damage to natural resources or
environmentally sensitive features. For site investigations proposed in a particular designated area
then the relevant authority should be consulted prior to undertaking. (e.g. In a SSSI English Nature
should be consulted).
Where the Environmental Agency wish to carry out site intrusive investigations on behalf of council
they will need to be appointed as suitable persons. The EA must have the authorisation from Council
to investigate land that may be contaminated.
The Scotland and Northern Ireland Forum have published guidance on risk communication for
Environmental Research (SNIFFER). All risk management protocols outlined in this document will be
complied when conducting assessments of contaminated land. All personal occupational health and
safety considerations must be adhered to whilst performing site investigations.

        10.5.2 Arrange Time for Access
Access to the site must be arranged with the owner/ occupier so samples can be taken (site intrusive
investigations outlined in Stage 3 of the identification process). This will eliminate the exercising of the
powers of entry under S 108 of the Environment Act 1995.


London Borough of Waltham Forest: Contaminated Land Strategy 2.0
         10.5.3 Powers of Entry
Statutory powers of entry are available to the LBWF if needed when gaining access onto a site.
Section 108 of the Environment Act 1995 gives the local authority power to authorise a person
specific to the powers of entry. Powers of entry should be used in the following instances:
 if there is a reasonable possibility that a pollutant exists and where an interactive investigation has
    taken place
 that the contaminant is actually present and given current use of land that the receptor is usually
    present or likely to be. Site investigations are to be undertaken inline with the DETR circular to
    ensure that best value is obtained.
The specific powers of S108 from the Environment Act 1995 authorises Council officers to undertake
the following;
 enter premises (when performing onsite assessments)
 carry out examination and investigation
 conduct sampling/ monitoring (soil samples, water samples)
 secure evidence
 request of information (from owner occupier of land)
 inspect and take records
 require assistance from appropriate persons (requests can be made for appropriate persons to
    assist in the site investigation or conduct soil sampling borelogs etc.) Further detail on the powers
    of entry for officers to conduct a site intrusive investigation is listed in Appendix 6.

The enforcement procedure for the LBWF Contaminated Land Strategy is shared between local
authorities and the agency. Local authorities are responsible for the identification of contaminated
land and determining whether the site is a special site. For non special sites LBWF is responsible for,
identifying appropriate persons, notification of appropriate persons, deciding on the nature of
remediation and enforcing the regulatory procedure. The main role of the EA is to assist and provide
support to the LBWF particularly with respect to special sites. For special sites identified by the local
authority, the regulatory role is to be transferred to the Environment Agency following identification.
The table clearly defines enforcement procedure and the roles and responsibilities of both LBWF and
the EA:
                  Roles and responsibilities under the contaminated land regime

 Environment Agency                                            LBWF
 Provide information to local authorities on land              Inspect areas to identify Contaminated Land in
 contamination                                                 compliance with the strategy
 Ensure remediation of special sites                           Notify relevant parties that land is contaminated
 Have regard to guidance issued by the                         (Occupiers, owners of land, Class A/B and EA)
 Secretary of State with regard to performance                 Consult the Agency on pollution of controlled
 of powers and duties                                          waters
 Prepare a national report on the state of                     Decide if contaminated land should be special
 contaminated land                                             (unless appealed to Secretary of State) and
 Special Sites                                                 transfer to the agency
 Consult with relevant parties (Occupiers,                     Ensure remediation of land identified as
 owners of land, Class A/B and EA)                             contaminated land (excluding special sites)
 Decide who is excluded from liability and                     Provide information to the agency
 apportion amongst remaining appropriate                       For non special sites
 persons                                                       Consult with relevant persons
 Maintain a register for remediation measures                  Decide upon remediation requirements for each
 undertaken for special sites                                  significant pollutant linkage
 Provide advice to local authorities on                        Decide who is excluded from liability, and
 identifying and dealing with pollution of                     apportion amongst remaining appropriate persons
 controlled waters                                             Refer special sites to the agency for assessment
 Provide local authorities information on the                  Maintain remediation registers and leave existing
 remediation of contaminated land                              sites available for review
 Regard financial issues/hardship                              Undertake regular review process of strategy and
                                                               update sites as information becomes available


London Borough of Waltham Forest: Contaminated Land Strategy 2.0
During the statutory enforcement procedure LBWF is required to liaise with other bodies for specialist
information such as English Nature (especially where significant flora and fauna may be impacted or
where a site is a Special Site see Appendix 5), English Heritage and the Department for the
Environment Food and Rural Affairs.

11.1 Determine Appropriate Persons and Liability Groups
All appropriate persons for each significant pollutant linkage is called a “liability group”. These are
generally classified into Class A or Class B persons. For a site with more than one pollutant linkage
there can be more than one liability group. There may be other sites where Class A or B persons
cannot be identified. In this instance the orphan linkage is to be pursued by LBWF.
Class A - These are generally the persons that caused the pollution/polluters, but also included are
persons who “knowingly permit” the pollution to occur. The Council will make all reasonable enquiries
to identify Class A before the liability reverts to owners/occupiers. The apportionate of liability test will
assist LBWF in identifying appropriate persons.

Class B - Where no Class A persons can be found liability reverts to the owner or occupier. These
are known as Class B persons.
The appropriate persons for each pollutant will be required for each significant pollutant linkage.
Therefore where the site has had a series of contaminative uses over the years, each significant
pollutant linkage will be identified separately and liability will be considered separately for each.

11.2 Specifying Remedial Action
Once appropriate persons and liability groups have been identified for a particular pollutant linkage a
remediation notice can be served. This will only be undertaken if voluntary remediation is not
undertaken. The Council will allow a three month consultation period (except in urgent cases) with the
above parties specifying remediation required within the appropriate timescale before a remediation
notice is served. In most cases LBWF will seek to reach voluntary co-operation in preference to using
regulatory action. However regulatory action will be used should the warning letters and the
negotiation process prove unsuccessful.
This will be carried out in accordance with the Councils statutory duty and taking account of statutory
guidance on the liability apportionment and cost recovery. There is a right to appeal against a
remediation notice, which must be within 21 days of receiving it. Once an appeal is made, the
remediation notice is suspended. The remedial notice will specify the course of remedial action.
LBWF and the EA are required to agree on the remedial action prior to issue of the notice. The course
of remedial actions is to be consistent with BATNEEC (best available techniques not entailing
excessive costs) principles.

       11.2.1 Remediation undertaken by LBWF
Under the Contaminated Land Strategy LBWF may carry out remediation works in urgent cases.
Remedial works will be undertaken where;
 urgent action is necessary and there is conclusive evidence that significant harm is occurring
 the appropriate person cannot be successfully identified (Class A or B)
 where one or more appropriate persons are excluded (on the grounds of financial hardship) the
   authority is required to undertake the works as they are legally bound to in order to fulfil statutory
   and environmental obligations
 the authority agrees to carry out the works on behalf of a appropriate person
 the remediation notice issued from the local authority has not been complied with (in this case
   remedial action can be undertaken by the local authority and the costs can be recovered

         11.2.2 Non Urgent Cases
In non urgent cases a remediation notice may be served three months after LBWF has determined
the land contaminated. If sufficient information has not been presented to LBWF, the service of a
remediation notice can require further investigation to be undertaken on the site. Further site
investigations may reveal further pollutant linkages. If additional pollutant linkages are identified on
the site the local authority must undergo the same notification procedure again for each new pollutant
linkage and suggest remedial actions as outlined in the statutory procedure. Remedial notices can be
appealed within 21 days of service (to the Secretary of the State).


London Borough of Waltham Forest: Contaminated Land Strategy 2.0
When both the agency and the local authority recommends appropriate remedial action it must be
proven that the remedial measures are cost effective. This can be confirmed by following the
appropriate consultation methods with the respective specialist agencies and also conducting a cost
benefit analysis. This process confirms the suitable for use approach. Where remedial actions are
carried out in default of a notice the enforcing authority has the power to recover costs in certain

11.3 Limitation of Costs to be born by Appropriate Persons
There are six tests specified to identify Class A person/s who should be exclude from liability. These
tests apply separately for each linkage. A single test excludes Class B person/s that do not have an
interest in the capital value of the land.
Once the apportionate costs have been completed by the LBWF the financial situation of those
intended to receive the notice will be assessed. If one or more parties can not afford the remedial
costs LBWF is not to serve the notice. LBWF is to undertake the works and then produce a
remediation statement.
Government funding (Supplementary Credit Approvals £45M) is available for specific cases where
local authorities are required to remediate contaminated land. This may apply in cases where the
Council is responsible for the contamination and thus legally bound to remediate the site.

11.4 Apportionment of Costs
The members of the liability group will have the total costs of remediation falling on the group
apportioned between them. It may also be necessary to apportion the costs between liability groups
(depending on the history and number of pollutant linkages identified for the site). There are three
basic principles that apply to the exclusion and apportionment tests:
the financial circumstances of those concerned have no relevance
LBWF must consult persons effected to obtain information. If someone is seeking to establish an
exclusion or influence an apportionment to their benefit then the responsibility of providing LBWF with
supporting information lies with them LBWF should take into account all former agreements/contracts
between appropriate persons for the site.

11.5 LBWF Land Ownership
There may be situations where significant pollutant linkages will be owned or occupied by Council.
Land that Council is the “original polluter” as defined as a Class A person in the statutory guidance. In
this case the LBWF is committed to applying land in its current or former ownership the same
principles that will be applied to other contaminated land. A staged investigation approach for the
identification of contaminated land as outlined in Section 10.0 will also be applied to land that is
occupied or owned by Council.

11.6 Providing Written Record and Consultation
Site investigation reports will be forwarded to all appropriate persons. The information on the tests for
exclusion of liability will also be provided by Council. This will enable persons (class A or B) to submit
information to Council in order to make a case for exclusion from liability. Appropriate records of the
statutory procedure for each site course of action is to be maintained by the LBWF contaminated land

The statutory procedure of the LBWF Contaminated Land Strategy requires increased liaison and
notification to specialist agencies once a significant pollutant linkage for the site has been identified.
The Environment Agency is the principal organisation for liaison although communication
arrangements will be established and maintained with other organisations such as English Nature,
English Heritage and Department for the Environment Food and Rural Affairs. A comprehensive list of
the consultation groups is attached in Appendix 1.

12.1 The Environment Agency
Once LBWF has determined a non -special site as contaminated all information on the land and
identification of particular pollutant linkages must be forwarded to the EA. Statutory written records on
the determination and copies of remediation notices are to be issued. The LBWF will use the standard
forms (in order to fulfil their reporting obligations to the central government) in the following instances:


London Borough of Waltham Forest: Contaminated Land Strategy 2.0
a site is determined to be contaminated land (the Environment Agency will provide basic statistical
data and site specific advice Form Ref. SOCL/LA/FORM 1)
proposed land remediation action (Form Ref. SOCL/LA/FORM 2)
an annual summary of the regulatory action undertaken by LBWF (Form Ref. SOCL/LA/FORM 3).

12.2 English Nature
Specific information detail on the ecological receptors of conservation significance may be required
from English Nature throughout the identification and enforcement procedure. Some datasets may
require refining to “fine tune” the strategy. This is incorporated in the section on the information and
review process.

12.3 English Heritage
English Heritage will provide specialist advice regarding sites of archaeological significance and
architectural heritage. It is important that these sites are not disturbed by the undertaking of remedial
works or intrusive site investigations (as outlined in stage 3).

12.4 Department for Environment, Food and Rural Affairs
DEFRA will be consulted to ensure they are no potential food chain or livestock impacts in the LBWF
that should be considered.

It is expected that the LBWF contaminated land officer may encounter various situations during the
implementation of the Contaminated Land Strategy where alternative legislation and enforcement
procedures can be applied (which may be more effective to achieve immediate results e.g. in
emergency response situations). The enforcement of alternative legislation by other authorities will
assist in preventing pollution consistent with the national objectives as outlined in Section 3.4 of the
Integrated Pollution Control (Environmental Protection Act 1990 Part I / Prescribed Processes and
Substances Regulations 1991 Schedule 1 Part A (as amended) - Integrated Pollution Control (IPC)
enforced by the Environment Agency includes the contamination of land. Under S 27 of the act gives
the Environment Agency power to take remedial action if the land contamination has caused from a
breach of IPC (or licence conditions). This will apply to the new Pollution Prevention & Control
Regime comes into force (EC directive 96/61).
Water Management licensing (Environmental Protection Act 1990 Part II) All waste disposal and
processing sites should be subject to licensing. Contamination causing significant harm, pollution
controlled waters or to the wider environment will be pursued as a breach of the licence conditions.
Part IIA could be used when investigating issues from non specified activities e.g. issues arising from
holding tank. Illegal tipping of controlled waste will be delt with the Part IIA S59 of the Environmental
Protection Act 1990.
Pollution of Waters Arising from Land (S 161 Water Resources Act 1991) This legislation will apply to
direct discharges of contaminants into the water body without any evidence or contact with the land.
This applies only where the land is not the source of pollution.
Discharge Consents (Water Resources Act Part III) The issue of a remediation notice in association
with the enforcement procedure will not effect a consented discharge under this act.
Risk of harm to employees Where there is a risk to human health from land contamination the Health
and Safety at Work etc Act 1974 and associated regulations will be enforced. The LBWF or the Health
and Safety Executive will enforce this legislation depending on the nature of the case.
Contaminated Food (Food Standards Act 1999) Part I of the Food and Environment Protection Act
1985 covers the growing of crops on contaminated land. If LBWF deems any crops unfit for
consumption the Food Standards Agency, Ministry of Agriculture Fisheries and Food Council is to
establish an emergency order if necessary. Remediation measures would be carried out through Part
Radioactivity Part IIA does not apply to contamination caused by radioactivity therefore the local
authority should liaise with the Environment Agency where radioactive contamination is suspected or
Organisms Part IIA does not apply to organisms caused by bacteria, viruses or protozoa. The Council
will liaise to the Environment Agency in relation to MOD land and the Ministry of Agriculture Fisheries
and Food on all other sites.


London Borough of Waltham Forest: Contaminated Land Strategy 2.0
Statutory Nuisance (Environmental Protection Act 1990 Part III) Contaminated land as defined by the
definition does not constitute a nuisance. Once LBWF determines there is no presence of
contaminated land but land of a “contaminated state” (defined as land where there are substances in,
on or under the land which are causing harm or there is a possibility of harm being caused). Land of a
contaminated state may be causing a statutory nuisance as before.

LBWF is required to respond to and investigate specific concerns that are raised (for example by
members of the public, businesses and voluntary organisations).

14.1 Complaints and Concerns
Consistent with legislative requirements LBWF is seeking to adopt a logical, systematic approach. In
the interim and during the implementation of the Contaminated Land Strategy each concern will be
actioned according to LBWF Best Value Performance Plan 2001-2002 as soon as any persons inform
Council or registers an complaint. The Local Government Act 1999 requires all local authorities to
fulfil their duty of best value. Under LBWF “best value” policy service the following procedure is
proposed for persons that register a complaint:
 be dealt with by a named officer (LBWF contaminated land officer)
 initial response is to be provided within five (5) working days
 be informed of action that Council proposes to take (liaison with EA, site assessment, desktop
      audit etc.)
 be informed of outcome.
Waltham Forest Direct has been established to produce a more streamlined inquiry process to assist
in receiving and responding to concerns and complaints. It is anticipated that LBWF will be
responding to and receiving concerns and complaints in regard to the Contaminated Land Strategy.
Before responding to inquiries and complaints it is important that this information is adequately

14.2 Assessment of Information
There are many opportunities for LBWF to receive information from various sources to assist with the
enforcement and liability procedure. The following checks should be undertaken prior to investigation
to prove the information provided is legitimate:
 the strength of the evidence already available to suggest that the land is contaminated land (for
    example visual evidence, previous investigations, anecdotal information that is well founded)
 the apparent urgency (priority to be given to human health over property receptors)
 the format that the information is provided (anonymously or not). If the information is provided
    anonymously a series of standard questions will validate the information. It is recommended that
    a standard questionnaire/information provision proforma be developed. Information obtained from
    the public/other agencies etc. would then be transferable for follow up by the relevant sections of
 whether the information appears to be driven by extraneous factors (commercial, neighbourly
    dispute etc.)
 the apparent motivation of the person supplying the information where the are grounds to suspect
    that the information is not well founded.

As information is expected to be uncovered by the LBWF contaminated land officer or reported to
Council during the investigation process it is important that the enforcement strategy can be refined
based on the most up to date information for the site. This allows Council officers to direct time and
resources to highest priority cases first ensuring that a best value approach is undertaken.
Periodic review of priority classification during various stages of the strategy is essential to ensure
best value service delivery (consistent with LBWF Best Value Performance Plan 2001-2002):
 review of scientific assumptions made in stages 2 and 3. To ensure consistency and
    reproducibility it is important that the assumptions and recorded and consistent. It is important that
    as new scientific guidelines and LBWF Policies and Guidelines are produced the strategy
    assumptions are altered accordingly (e.g. behaviour of pollutants in substrate, trigger values,
    intrusive soil sampling techniques etc.)

London Borough of Waltham Forest: Contaminated Land Strategy 2.0
    reassessment of the inspection findings in relation to particular sites. This may be affected by
     alterations current landuse classifications via alterations in the Town Planning scheme or past / or
     because there is reported impacts on human health.

15.1 Information review of GIS system
Information kept on the GIS system is to be maintained on a regular basis to ensure accurate
identification of contaminated sites. The LBWF GIS system has been developed to ensure that
information can be reviewed and updated as follows:
 review cost benefit analysis for the incorporation of additional datasets. Additional datasets
     developed by specialist organisations may be included to assist in the Stage 1 first sieve
     identification process this may allow for a fine tuning of the strategy for efficient identification. It is
     important that the suitability of the datasets is assessed before incorporation into the identification
 the GIS system should be updated on a periodic basis to reflect the latest best practice
     management and industry guidelines (e.g. groundwater surveys/surface water quality data
     released by the environment agency). Sites may be allocated a priority reclassification based on
     the release of this information.
Once adopted it is expected that the strategy be reviewed within two years of adoption then at
intervals of five years to ensure consistency with the LBWF funding cycle and compliance the Part II
of the Environmental Protection Act 1990. A five-year review process will also allow LBWF to allow for
appropriate resource allocation. Emerging legislation and best practice will determine the frequency
and extent of alterations/updates to the strategy.

The LBWF are committed to continuing to improve its access to environmental information as a part
of its service delivery agreement. The intent of this is reflected by the residents expectations and is
consistent with the Governments objectives contained in the Best Value Performance Plan
2001/2002. The Environmental Information Regulations 1992 governs the accessibility of information
held by local authorities available on request, subject to certain conditions. The Environmental
Information Regulations 1992 (SI 1992/3240 as amended) may apply to any information about the
land contamination and, as such there may be a duty to disclose information. However these
regulations contain provisions relating to confidentiality, national defence and public security. Legal
advice may be required on the disclosure of information during information requests. The data
protection act will apply to information held on individuals.
It is proposed that the GIS information and the strategy document will be distributed to the
stakeholders outlined in the consultation process and as a long term goal will be made available
online on the LBWF website www.lbwf.gov.uk. It is also proposed that the contaminated land register
will be made available online in the future for reference of developers, owners and occupiers to assist
in the overall process of voluntary remediation process. This process will assist local authorities in
data sharing and allow other agencies and the public to access information on sites that may be
located across local authority boundaries. The legal implications involved in this process will have to
be thoroughly investigated before this process can be undertaken. The Data Protection Act 1998
applies to all personal data that is processed automatically.

16.1 The Contaminated Land Register
The Section 78R of the Environmental Protection Act 1990 requires each local authority to maintain a
contaminated land register. Sites information and requirements of the contaminated land register are
listed in Schedule 3 of the Contaminated Land (England) Regulations 2000. The register will record
when a remediation notice has been served, or a remediation declaration notice has been published.
The register will also contain appeals against remediation notices, remediation statements, notices
designated to a special site, termination as a special site and prosecutions. It will provide a hardcopy
database for sites in the borough. The status on each site will be easily referenced using the LBWF
contaminated land register.
The requirements of the Environmental Information Regulations 1992 applies to the LBWF
contaminated land register. Details of the identified land will be kept on the contaminated land
register. Information requests on the land in the register (e.g. sale inquiries etc.) will be responded by
the LBWF contaminated land officer. A minimum service charge is proposed to cover all
administration costs involved with accessing the register although concern is raised at the possibility
for the fee for service approach possibly discouraging potential users of the system.

London Borough of Waltham Forest: Contaminated Land Strategy 2.0
The register is held at the Community Protection Services offices at 154 Blackhorse Road,
Walthamstow London E17 6NW. The register is available to be viewed at any time during office hours
and is free of charge, although a prior appointment is recommended so that the LBWF contaminated
land officer can be made available for inquiries. Further legal advice will be required to assist in the
provision of information from the LBWF Contaminated Land Register.

The development and implementation of the LBWF Contaminated Land Strategy is proposed to be
implemented over a two to three (2-3) year period. The statutory guidance requires local authorities to
prepare, formally adopt and publish a strategy to identify contaminated land. Waltham Forest
proposes the following programme subject to available resources:

 Year                    Activity
 2001                    Consult on, publish and adopt strategy
                         Carry out Stage 1 assessment:
                                 Derive source and receptor datasets
                                 Build risk model
                                 Classify datasets
                                 Run risk model to identify the priorities in terms of likelihood of a
                         significant pollutant linkage, with sensitivity analysis.
 02-                     Inspection of the borough for potentially contaminated sites and prioritisation for
                         further investigation
                         Continue to carry out Stage 2 and Stage 3 assessments (on-going) to identify
                         contaminated land.
                         Issue notifications of contaminated land and remediation notices as necessary
                         to ensure no unacceptable risks to human health or to the wider environment.

 02-06                   Continue input and update new information in the identification to feed
                         information into model and complete review process
Note: concerns will be followed through as they arise and this is not meant to
imply that no enforcement action will be taken until 02-03.


London Borough of Waltham Forest: Contaminated Land Strategy 2.0
                                               APPENDIX 1
                                     CONTACT DETAILS FOR CONSULTEES
Details of all Ancient Monuments in the area can be obtained from the Planning
National contact:
Chief Scientist
(Mike Corfield)
23 Saville Row
Tel:        0207 973 3321
Inquiries: 0207 973 3000
Fax:        0207 973 3001

Special advisory teams:
Environmental Impacts Team (Taunton)
English Nature
Bishop's Hull
Tel:    01823 283211
Fax:    01823 272978
Environmental Impacts & Marine Team (Peterborough)
English Nature
Northminster House
Tel:    01733 455000
Fax:    01733 568834

The Council will consult and liaise with the Environment Agency on matters relevant to the Agency's
various functions. It will also seek site specific advice when necessary in accordance with the
Environment Agency's formal role.
This process will, as far as is reasonably practicable (taking into consideration the limitations on both
parties), be carried out broadly in accordance with the Memorandum of Understanding.
Regional Contaminated Land Officer:
(Alistair Norton)
Environment Agency
2 Bishop's Square Business Park
St Alban's Road West
AL 10 9EX
National Part IIA process manager:
(Mike Hargett)
Environment Agency South West
Manley House
Kestrel Way
Tel:      0 1 392 444 000
Fax:      0 1 392 444 238


London Borough of Waltham Forest: Contaminated Land Strategy 2.0
National Head Quarters
Land Quality
Rio House Waterside Drive
Aztec West
Bristol, BS32 4UD
Tel:     0 1 454 624 400
Fax:     0 1 454 624 032

National Centre for Groundwater and Contaminated Land
Olton Court
10 Warwick Road
B92 7HX
Tel:     0121 711 2324
Fax:     0121 711 5925
National Centre for Eco-toxicology and Hazardous Substances
Dr Danielle Ashton
Evenload House
Howberry Park
OX10 8BD
Tel:     01491 828 544
Fax:     0 1 491 828 427

National Centre for Risk Analysis and Options Appraisal
Dr Raquel Duarte-Davies
Steel House
11 Tothill Street
Help desk: 0207 664 6897
Fax:    0207 664 6911

Patrick Miller
Contaminants Division
PO Box 31037
Room 238
Ergon House
Horseferry Road
Tel:    0207 238 5751
Fax:    0207 238 5331

Local Authority Unit
Floor 7 South Wing
Rose Court
2 Southwark Bridge Road
London SE1 9HS

Landfill tax is the responsibility of the Birmingham business centre:
2 Broadway
Broad Street
Five Ways
B15 1BG
Tel:      0 1 21 697 4000

London Borough of Waltham Forest: Contaminated Land Strategy 2.0
English Partnerships Head Quarters
Mr Emyr Poole
National Environmental Policy Co-ordinator
16-18 Old Queen Street
Tel:    0207 976 7070
Fax:    0207 976 7740

English Partnerships Senior Projects Manager
(Contaminated Land)
Mr John Navaratnam
Arpley House
110 Birchwood Boulevard
Tel:    01925 651144
Fax:    0 1 925 644657


London Borough of Waltham Forest: Contaminated Land Strategy 2.0
                                            APPENDIX 2
The stated national objectives for the LBWF Contaminated Land Strategy is as follows;
 to improve the focus and transparency of the controls, ensuring authorities take a strategic
   approach to problems of land contamination,
 to enable all problems resulting from contamination to be handled as part of the same process,
 to increase the consistency of approach taken by different authorities (through adherence of
   common acceptable remediation strategies and baseline and trigger levels),
 to provide the enforcement agencies/ authorised agencies with more efficient regulatory tools that
   allow the polluter of the land to be held responsible for the remediation and accountable for any
   associated environmental impacts relative to the range of possible ownership/occupier
   circumstances. (In the past it has been difficult for local authorities to recoup costs from the actual
   pollutant of the land. The apportionate of costs tests assists this process).


London Borough of Waltham Forest: Contaminated Land Strategy 2.0
                                             APPENDIX 3
This list has been drawn up to provide a broad indication of the entire of sites that are know to use or
to have used in the past, materials that could promote the contamination of soil. It must be
understood that the list is not exhaustive, also that inclusive on this list does not necessary infer the
existence of a pollutant linkage.
Adhesives manufacture                                              Metal sprayers and finishers
Anodisers                                                          Mirror manufacture
Anti-corrosion treatment                                           Motor vehicle manufacture
Asbestos products                                                  Oil fuel distributors and suppliers
Asphalt works                                                      Oil merchants
Automotive engineering                                             Oil storage
Battery manufacture                                                Paint and varnish manufacture
Bearings manufacture                                               Paper works
Blacksmiths                                                        Pesticides manufacture
Boiler makers                                                      Petrol stations
Bookbinding                                                        Photographic film works
Brass and copper tube manufacture                                  Photographic processing
Brass founders                                                     Paper manufacture
Brewing                                                            Plastics works
Carbon products manufacture                                        Plating works
Chemical manufacture and storage                                   Power stations
Chrome plating                                                     Print works
Ceramics manufacture                                               Printed circuit board manufacture
Coal merchant                                                      Radioactive materials processing
Coppersmiths                                                       Railway land
Descaling contractors (chemical)                                   Railway locomotive manufacture
Detergent manufacture                                              Refiners of nickel and antimony
Distilleries                                                       Resin manufacture
Dockyards                                                          Rubber manufacture
Drum cleaning                                                      Scrap metal dealers
Dry cleaners                                                       Sealing compound manufacture
Dye works                                                          Sewage works
Dyers and finishers                                                Sewage sludge disposal areas
Electricity generation                                             Sheet metal merchants and works
Electrical engineers                                               Ship breakers
Electro platers                                                    Ship builders
Engineering works                                                  Skein silk dyers
Explosives manufacture (including fireworks)                       Small arms manufacture
Farms                                                              Smokeless fuel manufacture
Fertiliser manufacture                                             Soap manufacture
Fellmongers                                                        Solvent manufacture
Fibre glass works                                                  Solvent recovery
Food processing                                                    Steel manufacture
Foundries                                                          Stove enamellers
Fuel manufacture                                                   Synthetic fibre manufacture
Fuel storage                                                       Tank cleaning
Garages and depots                                                 Tanneries
Gas mantle manufacture                                             Tar and pitch distillers
Gas works                                                          Textile manufacture
Glass works                                                        Thermometer makers
Glue manufacture                                                   Timber treatment
Gum and resin manufacture                                          Timber preservatives manufacture
Hatters                                                            Tin plate works
Hide and skin processors                                           Transport depots
Ink manufacture                                                    Tyre manufacture and retreading
Iron founder                                                       Vehicle manufacture
Iron works                                                         Vulcanite manufacture
Laquer manufacture                                                 Vulcanisers
Laundries                                                          Waste disposal
Leather manufacture                                                Waste recycling
Metal coating                                                      Waste treatment
Metal manufacture                                                  Zinc works


London Borough of Waltham Forest: Contaminated Land Strategy 2.0
                                                   APPENDIX 4
An assessment of LBWF site investigation reports has revealed the following list of sites that site
investigations have been submitted to Council. It should be noted that is not a complete or definitive
list and the following sites are to be considered in the Strategy;
South Access Road
Blackhorse Lane, Walthamstow
Low Hall Council Depot
Chingford Hall Estate
Oliver Close Estate, Leyton
Aldriche Way, Walthamstow
Argall Avenue
153-157 Blackhorse Lane, Walthamstow
The Allotments
Boundary Rd Estate
Cathall Rd
Cheney Rd
Walthamstow Bus Garage, Chingford Rd
Clyde Place
Corpus Christi, Elmore Rd
210 Church Road
Former Power Station Exeter Rd
BT Site Hale End Rd
Chingford Hospital, Larkshall Rd
Kemira Coatings, Leyton
Seymour Rd, Leyton
9a Cody Rd, Leyton
Leyton Relief Road
198-204 Higham Hill Road, Higham Hill
Temple Mills Material Depot, Leyton
158-174 Boundary Road, Walthamstow
Orient Service Station, 666 High Road, Leyton
High Road (Asda), Leyton
Lea Bridge Road (Petrol Station), E10
Leyton Gas Works
Albert Packing, Rigg Approach Road, Leyton
Former London Rubber Company Chingford
Low Hall Tip, Walthamstow
Former Delta Engineering Works, Forest Rd
Former Smith and Nephew, Green Pond Rd
RH Development, Folly Lane
Markhouse Road
101 Marlowe Rd
Marsh Lane Playing Field
Lea Bridge Aqua Duct
Leucha Rd E17
Simmons Lane Allotments
280 Wood St
Seymour Rd
Fairview Development
Suffield Hatch
Further investigation is required to confirm the exact location of these sites. The listing of these sites
does not indicate the presence of a contaminated site. The listing is indicative only and is to be used
to prioritisation of sites in the identification process.


London Borough of Waltham Forest: Contaminated Land Strategy 2.0
                                              APPENDIX 5
                                            SPECIAL SITES
1.       Once a local authority has identified land as contaminated land by definition, it must also
         consider whether it falls into the category of a special site. Special sites are sites where,
         more often than not, the Environment Agency have had, or still have, an enforcement role.
2.       What exactly constitutes a special site is specified in the Contaminated Land (England)
         Regulations 2000. For a legal definition the Regulations must always be consulted. In simple
         terms, however, they include land:
    Polluting controlled waters
    On sites subject to Integrated Pollution Control (see Environmental Protection Act 1990 Part I -
     Prescribed Processes and Substances Regulations 1991 Schedule I Part A).
    With waste sulphuric acid tar lagoons (on sites used for refining benzole, used lubricants or
    Used as an oil refinery
    Used to manufacture or process explosives
    Used to manufacture or dispose of atomic, chemical or biological weapons (non biological
     contamination only)
    Used for other nuclear purposes
    Owned or occupied by a defence organisation for naval, military or air force purposes (not off
     base housing / NAFFI)
    Held for the benefit of Greenwich Hospital.
3.       Contaminated land beyond the boundary of these premises (but contaminated by them) also
         forms part of the special site.
4.       Procedure in relation to the investigation and declaration of special sites is covered in 3.11,
         4.4, 4.5 and 5.15 above


London Borough of Waltham Forest: Contaminated Land Strategy 2.0
                                               APPENDIX 6
                                           POWERS OF ENTRY
1. Section 108 of the Environment Act 1995 gives the local authority power to authorise, in writing,
"suitable persons" to investigate potentially contaminated land. These powers are extensive and will
be considered in detail with the Council's Solicitor prior to any resisted entry being attempted. It
should be noted that these powers are not available 'to the Environment Agency. The powers which
a person may be authorised to exercise include:
 to enter at any reasonable time (or in urgent cases, at any time, if need be by force) any
      premises/ land and to make such examination and investigations necessary,
 to take sample, photographs, carry out tests, install monitoring equipment etc.
2. At least seven days notice must be given to residential occupiers and to occupiers of land where
heavy plant is to be used. Consent must be obtained to enter from the occupier, or failing that, a
warrant obtained under Schedule 18 of the Act.
3. It should be noted that there are no circumstances in which the Council will use these powers to
obtain information about the condition of land, where:
* It can obtain the information from third parties without the need for entering the site or
* A person offers to provide the information within a reasonable and specified time and does so.
4. Urgent action must be authorised where the Council is satisfied that there is imminent danger of
serious harm or serious pollution of controlled waters being caused as a result of contaminated land.
In such circumstances the procedures identified in the statutory guidance will be followed which may
involve the forced entry into the premises.
5. The terms "imminent" and "serious" are unfortunately not defined. Local authorities are advised to
use the normal meaning of the words. There is however, guidance on what may constitute
"seriousness" when assessing the reasonableness of remediation.
6. The Council will undertake the remediation in urgent cases where it is the enforcing authority if it is
of the opinion that the risk would not be mitigated by enforcement action. In the case of a special site
the Council will declare the land contaminated land in accordance With the statutory procedure and
then notify the Environment Agency who will then be responsible for the remediation.
7. In appropriate cases the Council will seek to recover costs of remediation works it and completed.
8. All intrusive investigations will be carried out in accordance with appropriate technical procedures
to ensure:
a)        They are effective
b)        They do not cause any unnecessary damage or harm
c)        They do not cause pollution of controlled waters.


London Borough of Waltham Forest: Contaminated Land Strategy 2.0

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