Critically assess the role of the contaminated land regime in cleaning Essay

Critically assess the role of the contaminated land regime in cleaning up contaminated land in the UK and how the planning syste - Essay Example The land has to be in a condition such that noteworthy damage is arising or/and, there is a noteworthy probability of the said damage being caused. Additionally, the land has to be in a condition such that controlled waters are being polluted or there is a probability that contamination is likely to occur. The water Act defines contaminated controlled waters as a situation where significant effluence of restricted waters is occurring, and/or there is a noteworthy probability of the said contamination occurring. Polluted land must fall within part 2A definition for it to be said to cause significant damage to people’s wellbeing or other specified receptors. Land development has to incorporate part 2A since a change in land use might bring the development inside the mandatory definition of contaminated land by creating a pollutant linkage (Organisation for Economic Co-Operation and Development, 2002). Other regimes that interact with management of land affected by contamination include the IPC, PPC, WML and WRA. Integrated pollution control (IPC) controls the management of large industrial buildings to lessen the danger of contamination arising. The body is also responsible for remediating the danger resulting from of the authorization. The waste management licensing (WML) controls the way in which waste management facilities are managed, as well as controls the disposal and recovery of controlled waste. Water resource act takes actions to safeguard or remedy the contamination of proscribed waters. The United Kingdom government has instituted and put in place a proactive regime and legal framework to handle land that has been previously contaminated. The new regime offers a means to put in force remediation where the IPC and WML may not apply. For new freeways, the prerequisite for handling the contaminated land will be agreed with the Environment Agency during the planned development. New development may also involve the Integrated Pollution Controls and the Waste Management Licensing. Contaminated land regime or WML might apply depending on the degree of contamination on existing sites that contain contaminated land. The remediation of polluted site is taken to be a waste management operation, and thus falls under the WML regime (Wolf& Stanley, 2010). For a number of remedial techniques, the specialized remediation contractor will need a mobile plant license and waste management site license incase contaminated material remains in the site. The regulatory framework now exists to put in force remediation and cleanup of contaminated land in any state of affairs. In instances where WML and IPC are in force on a specific land site, they will go on being used. The contaminated land administration acts to clean up areas that are not covered under IPC and WML, and initiate the remediation of static land that is polluted. Static land refers to land that is not undergoing redevelopment. Risk evaluation principles are employed to evaluate wh ether a site is contaminated under the meaning of the Environmental Act. Pollution linkage Before land may be defined as contaminated, the risk evaluation process has first to establish that noteworthy damage is being caused, or that there is a considerable likelihood of damage being caused by the presence of a pollutant linkage. Three elements have to be set out for there to be an existence of a noteworthy pollutant. These elements are 1. A