Article Business Practice Contaminated Land

Environment Agency Draft Policy on “Building on or Adjacent to Gassing Landfill Sites”

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This draft document was published as a draft for consultation in July 02. It sets out EA policy on how they should respond to consultations from planning authorities regarding sites on or adjacent to landfills. The major concern is the reliance on the trigger concentration of 1% for methane where housing development is proposed. The guidance highlights that this applies to sites with the potential to generate ‘significant quantities of gas’. Although the document is silent on a definition of ‘significant quantities’, recent thinking presented by the EA suggests a reservoir of gas in the ground not necessarily associated with active generation would be considered ‘significant quantities’.

AGS is concerned that this policy could prove very restrictive and could result in a significant number of brownfield sites not being developable.

AGS is keen to establish the experience of members as to whether this policy is creating obstacles to development in order to make a more strenuous approach to the EA. If anyone has any useful experiences (either one way or the other) please send details to; Peter Witherington (