This may well be the Contaminated Land Regulations which came into force in
April 2000 (SI No. 227) - the regulations can be found online here:
http://www.hmso.gov.uk/si/si2000/20000227.htm
Supporting explanatory text can be found on the DTLR website:
http://www.defra.gov.uk/environment/landliability/circ2-2000/2.htm
There are I recall also useful bits and pieces about implementation of the
regs on the Environment Agency website.
The part I think Peter is refering to is the requirement (as stated in para
5.1 of the explanatory note) that:
"Where it appears to the Enforcing Authority that there is an imminent
danger of serious harm or serious pollution of controlled waters being
caused as a result of a significant pollutant linkage that has been
identified, that authority may need to ensure that urgent remediation is
carried out."
And as Peter notes, such remidiation this takes place completely outside the
planning system.
The CBA was extremely alarmed about the treatment of archaeological matters
within the draft regulations when they were issued for consultation late in
1999 and inspite of a very detailed submission (which I can forward via
email should anyone want to see it) the regulations remained unchanged in
virtually all the key areas which we identified as needing amendment.
The CBA has since continued to press the case whenever the opportunity has
arisen and note the rather narrow idea of 'environment' that the regulations
promote and the likely detrimental impact that this will have on
archaeological remains - we would therefore very much welcome receiving
views, examples and case studies in relation to the implementation of the
regulations to help arm ourselves with real cases to cite when further
opportunities arise to press the case.
Best wishes
Alex
============================
Alex Hunt
Research and Conservation Officer
Council for British Archaeology
Bowes Morrell House
111 Walmgate
York
YO1 9WA
Tel: 01904 671317
Fax: 01904 671384
============================
-----Original Message-----
From: Iles Peter [mailto:[log in to unmask]]
Sent: 31 October 2001 15:26
To: [log in to unmask]
Subject: Contaminated Land - Archaeological Sites
Following recent discussions with three separate local authorities it
appears that there are some 'new' contaminated land regulations either in
force or about to come into force. These regulations would appear to make a
fundamental change in the way that the problem is approached. The local
authorities are now expected to actively seek out and identify sources of
contamination and address any impacts that this might be haiving, rather
than waiting for development proposals or complaints to be received and then
checking sites.
This could potentially have a large impact on archaeological sites -
particularly historical industrial sites -which may be identified as
contaminated and 'cleaned up' without necessarily requiring planning
permission. This may result in the destruction of important sites without
record.
I understand that the regulations do make reference to Scheduled Ancient
Monuments, but only as sites that may be affected by contamination
('receptors' I think is the term) rather than as sites which may be a source
of contamination. I believe other archaeological sites are not mentioned.
The main points of my discussions have been about what digital data I have
in my SMR and what can I let them have to aid their work, with the
implication that they want a full digital SMR for incorporation into their
contaminated land GIS. With the current state of the SMR this is not really
a practical proposition but I am aware that we need some system of liaison
to deal with the inevitable conflicts of interest.
Does anyone know any more about this subject?
Peter Iles, Lancashire SMR
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