Case Study: A ‘Special Site’ designation revoked due to historical groundwater contamination
In 2008, a UK site was placed on the Contaminated Land Register under Part 2A of the Environmental Protection Act 1990 following an intrusive site investigation. Groundwater sampling identified elevated concentrations of:
- Chlorinated solvents
- Phenols
- Polycyclic aromatic hydrocarbons (PAHs)
- Nickel
Due to the nature of contaminants and the identified groundwater pathway, the site was designated as a Special Site under the regulatory control of the Environment Agency (EA).
Regulatory context: shifting legal framework under Part 2A
At the time of designation, Part 2A provided for determination where the contamination was found to pose a risk to controlled waters. However, the 2012 Defra Statutory Guidance refined the test, requiring either:
- Significant pollution of controlled waters, or
- Significant possibility of such pollution
The Guidance also clarified that land should not be determined as Contaminated Land where:
(a) the relevant substances are already present in controlled waters;
(b) entry of those substances from land has ceased; and
(c) it is not likely that further entry will take place.
This amendment allowed for the reconsideration of historic designations in cases where the spread of contaminants had ceased and the risks had stabilised.
2023 – updated hydrogeological assessment and groundwater sampling
The reassessment process combined specialist hydrogeological evidence with expert environmental legal input.
- H Fraser Consulting: Delivered the technical evidence base, including providing new groundwater quality sample data, long-term contaminant trend analysis, conceptual site modelling, and risk pathway evaluation.
- Claire Gregory, Partner at Eversheds Sutherland: Provided the legal strategy and regulatory interpretation, ensuring that the submission to the regulator was fully aligned with the Statutory Guidance and the legal tests under Part 2A. Claire’s role included:
- Interpreting the legislative framework and its applicability to historic determinations
- Framing the technical evidence in a legally persuasive manner; and
- Engaging with the local authority to secure agreement on the revocation process
The collaboration between technical and legal experts played a key role in making sure the argument was strong from a scientific perspective and meeting all legal objectives.
Outcome – Contaminated Land status revoked
The Contaminated Land Officer accepted the combined submission and formally revoked the site’s Special Site designation. This is a landmark decision that highlights the value of:
- Periodic, data-driven reassessment of historic determinations
- Integration of technical evidence with specialist environmental legal expertise
- Alignment of conclusions with evolving regulatory thresholds
Implications for landowners, developers and funders/investors
This case demonstrates that:
- Historic Part 2A designations are not necessarily permanent
- Evidence-led reviews can unlock redevelopment potential and remove stigma from land assets
- Collaborative approaches between technical consultants and environmental lawyers can deliver optimal outcomes
For landowners, developers and funders, this decision reinforces the importance of maintaining robust environmental records, being aware of evolving regulatory guidance, and seeking proactive reassessment when conditions have changed.
Key takeaways for environmental professionals
- Natural attenuation and absence of ongoing contamination may justify revocation
- Part 2A designations are not static – sites can and should be reassessed
- Groundwater risk assessments must reflect current regulatory thresholds
- Collaborative, evidence-based reporting can influence regulatory decisions
Need support revoking a Contaminated Land designation?
If you’re a landowner, investor, or legal professional dealing with a legacy Contaminated Land designation, contact H Fraser Consulting Ltd today. We provide independent, science-based environmental assessments aligned with current regulatory standards – helping unlock site value and reduce liability.
