Argyll Environmental
2 Experts
2 Contributions by Argyll Environmental
PRACTICE NOTES
Purpose of environmental searches and investigations
Environmental investigations are undertaken for a range of reasons. The price, depth and scope of any study will shift according to its objective. In general, outputs from desk-based reviews through to intrusive works are intended to deliver qualitative and/or quantitative risk evaluations, considering potential effects on human health, buildings and services, ecological receptors, or controlled waters. Searches and investigations also enable parties to land transactions to proceed fully informed about legal liabilities that may arise from historic or current uses of the land. The breadth of an investigation is shaped by the deal terms, the client’s risk appetite, the budget, and the site’s characteristics and environmental context. Typically, an investigation is commissioned:
to clarify liabilities under a range of regimes and laws, including:
the
Environment
PRACTICE NOTES
Environmental, social and governance (ESG) factors are now central to managing environmental risk, with mounting expectations on companies to evaluate their environmental and social performance. Sustainability underpins the Environment Agency’s (EA) land contamination risk management (LCRM) guidance, which requires climate change to be addressed within risk assessments. In recent years, organisations such as The Society of Brownfield Risk Assessment (SoBRA) and CL:AIRE have issued supporting guidance and schemes that reinforce the EA’s sustainability objective. For more on ESG, see Practice Note: ESG—new starter guide.
What is environmental risk?
The EA’s LCRM guidance, published in October 2020 and replacing the 2019/2020 versions, sets out how to assess and manage risks arising from land contamination. Environmental risk is one of several ESG matters relevant to organisations and stakeholders, alongside risk areas such as health and safety and data security management. Risk is defined as the
Environment
4 Contributions by Argyll Environmental Experts
PRACTICE NOTES
Meaning of brownfield land
A brownfield site is land that has been built on before and could be reused, enlarged or redeveloped. It usually comprises vacant, derelict or under‑utilised industrial and commercial areas. Redevelopment may encounter theoretical or actual environmental constraints. Most commonly these stem from contamination arising from historic activities, though other constraints can include invasive plant species, flooding and archaeology.
What is the National Quality Mark Scheme?
The National Quality Mark Scheme (NQMS) for Land Contamination Management, introduced in 2017 by the National Brownfield Forum (formerly the Land Forum), provides a clear identifier for documents that have been quality‑checked by a Suitably Qualified Person (SQP). Its purpose is to enhance confidence and improve the quality of submissions under regulatory processes, particularly planning applications, relating to brownfield land. It is recommended to view the map of local authorities that reference the NQMS.
What is a
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PRACTICE NOTES
What is environmental risk assessment?
Environmental risk assessment (ERA) is applied to many environmental concerns, including contaminated land, flood risks, asbestos, radon and subsidence. The specific study undertaken is selected once the hazard has been recognised and the assessment's aims and objectives are set. The scope and detail of an ERA differ according to the various environmental factors considered. Nonetheless, every assessment adheres to a core approach for quantifying risk.
Calculation of risk
Defra guidance on environmental risk assessment and management defines risk as the potential consequence(s) of a hazard together with the likelihood/probability of those outcomes...
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PRACTICE NOTES
What is a phase 1 audit?
A Phase 1 environmental audit is an impartial appraisal by external environmental consultants of an organisation’s adherence to environmental legislation and its management systems. The purpose is to methodically and precisely examine site activities and the local environmental context to identify breaches and the likelihood of contaminated land liabilities. By flagging environmental risks, their potential impact can be gauged and suitable remediation actions proposed.
When will a phase 1 audit be instructed?
The need for, and extent of, any audit will vary according to several considerations, such as:
the terms governing a transaction
current and historic operations
site characteristics and environmental sensitivity
the client’s risk appetite and available budget
In most cases, a Phase 1 audit is commissioned because of:
potential environmental liabilities highlighted by an initial desktop review (see:
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PRACTICE NOTES
What is an intrusive site investigation?
An intrusive (phase 2) site investigation involves geotechnical and geo-environmental specialists collecting detailed and reliable information on a site’s physical and chemical ground conditions. These findings are then applied to:
the design of earthworks and foundations, and
determining whether contamination is present
The UK follows a risk-based framework for the identification, assessment and management of contaminated land, based on the idea of a contaminant linkage (once called a pollutant linkage), ie contaminant-pathway-receptor. For further information, see Practice Note: Contaminated land—risk assessment.
Site characterisation is generally carried out in a clear staged manner:
screening phase: an initial investigation consisting of a desk study
phase 1: a site walkover and qualitative risk assessment
phase 2: intrusive site investigations involving the analysis of soil, groundwater and/or gas samples and a quantitative risk assessment
For further information on desktop studies and phase 1 assessments, see Practice Note:
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