Question: What is meant by the term 'contaminated land'?

Answer:

Contaminated land is land which has substances in, on or under it which are likely to be harmful to health and the surrounding environment. These substances are usually present because of the past use of the land e.g. former industrial uses, but may be due to a pollution incident or a naturally high level of a particular substance in the ground.

The legal definition with which local authorities identify such land is set out in Part IIA of the Environmental Protection Act 1990.

Further information on contaminated land can be found on the following websites:

• www.defra.gov.uk/environment/land/contaminated*
• www.environment-agency.gov.uk/subjects/landquality/*

Question: How can I find out if my property or a property I wish to buy is or has been affected by contaminated land?

Answer:

Information on land which has been formally identified by the local authority as being contaminated land will be held on a Public Register and this will show up on a land search of the property.

Environmental searches can be undertaken to identify the past use of the land or adjoining properties and any pollution incidences which may have occurred which could potentially affect the property.

Enquiries about specific sites can be addressed to the relevant local authority as they are responsible for identifying such land in their area. Please note that the identification of contaminated land will be prioritised and will take several years to complete so there may only be a limited amount of information at the time of an enquiry.

Question: How is the Council going to meet it's obligation to identify contaminated land?

Answer:

The Council has adopted a strategy that sets out how it intends to meet this obligation. Click on this link for more details.

Question: I have some environmental concerns about a planning application. Who do I send my concerns to?

Answer:

Your concerns need to be sent to the Council's Development Control Section but you may wish to copy these to the Environmental Strategic Development Section. The Environmental Strategic Development staff will normally comment on the overall impact of a development proposal but where relevant will highlight specific issues in relation to individual or groups of properties.

Q: What is the air quality like within the Dartford area?

Answer:

The air quality in the Dartford area is, for the most part, good. The main findings of the review and assessment of air quality in the Borough to date (undertaken by the Council as part of its statutory duties under the Environment Act 1995) are that the geographical majority of the Borough is not expected to have any problems meeting the Government set Air Quality Objectives.

There is a localised area adjacent to the A282 Tunnel Approach Road where it is anticipated that the Objectives will be difficult to achieve for nitrogen dioxide and fine particles. This area has been declared an Air Quality Management Area and an Action Plan is being drawn up to put in place measures to improve air quality within the area.

For further information on air quality in the Dartford area contact the Scientific Officer on 01322 343250. Data on the air quality in the Dartford area can be viewed on the LAQM section of the Environmental Health page of this website. General information on air quality is also available from the following websites:

• http://laburnum.aeat.co.uk/archive/laqm/laqm.php*
• www.airquality.co.uk/archive/index.php*
• www.nsca.org.uk/leaflt11.htm*

Q: What is the main source of air pollution in the Dartford Area?

Answer:

The two main pollutants of concern in the Dartford Area, as in the rest of the UK, are nitrogen dioxide and fine particles. Road transport is the major source of nitrogen dioxide. Particles come from a range of sources, including road transport, industry, domestic and commercial fuel use and natural sources e.g. dust, pollen, salt. Within Dartford's Air Quality Management Area (AQMA), traffic is the major contributor to air pollution. More details are shown in the following 2 tables:

Dartford

65

11

5

19

Within Dartford's Air Quality Management Area

94

3.5

0.5

2

Dartford

51

16

17

16

Within Dartford's Air Quality Management Area

78.5

7

9

5.5

Q: What is meant by the term 'Smoke Control Area'? Does this mean I cannot have a bonfire?

Answer:

The majority of the Dartford Area is within a 'Smoke Control Area'. This means that emissions from domestic chimneys are controlled and only smokeless fuels can be burned. This is enforced by the Council's Environmental Health Section under the Clean Air Act 1993.

Being in a smoke control area doesn't mean you cannot have a bonfire. There are no bylaws in Dartford controlling lighting of bonfires or the times of lighting. However, while it is acceptable to light bonfires from time to time, bonfires can cause a nuisance to neighbours and prevent them from enjoying the use of their gardens.

If bonfires are causing a nuisance, there are powers under the Environmental Protection Act 1990 to deal with this and this is enforced by the Council's Environmental Health Section. More acceptable methods of disposal are advised, such as composting. Further advice is available from the Council's Environmental Services Section on 01322 343434.

Smoke Control Areas were created to deal with the smogs caused by pollution problems in the early and mid 20^th century. As a result of such areas being designated, smoke and pollution levels dropped dramatically within the Borough, as can be seen by the following chart:

Question: What is Local Agenda 21?

Answer:

In 1992, representatives from 179 countries met to discuss ways to address the crises facing the world. An agreement was reached, whereby those countries which were present signed a document supporting the notion of Sustainable Development. Guidelines were laid down and agreement was reached to follow those guidelines. The signed document became known as Agenda 21 – the new agenda for the 21^st century. The concept of Agenda 21 is to enable an improvement in quality of life without impairing the environment locally and globally. The definition that has achieved a good degree of consensus is contained within the Brundtland Report:

"Sustainable development is development which meets the needs of the present without compromising the ability of future generations to meet their own needs".

Agenda 21 contains guidelines on how the principle of sustainable development can be transformed into action in the 21^st century and beyond. It is not just about the natural environment, with equality, homelessness and health being given every bit as much prominence as wildlife and minimising pollution.

It recommends that economic, environmental, and social issues should be tackled in an holistic way and makes clear that people are a part of the environment and not separate from it. Environmental protection cannot be successfully achieved without tackling the accompanying social issues.

Agenda 21 stresses that all sectors of society should be able to participate in sustainable development, through determination of the social and environmental issues of concern to them in their locality, and getting involved in practical action for change. This local/community aspect is what is known as Local Agenda 21.

Question: I've seen references to a body called "QED". What is this?

Answer:

QED stands for Quality Environment for Dartford. It is a community based group that was set up as a result of the Council's consultation with the community in 1996 as to how best to involve local people and businesses in meeting the aims of Agenda 21 at a local level. QED is run by a Steering Group and has several Working Groups, all chaired by members of the public.

• QED has successfully promoted Local Agenda 21 issues and has it's own website: http://www.btinternet.com/~richard.wiltshire/index.html*

Question: Why does the Council ask for alarm key-holder details?

Answer:

There is an Approved Code of Practice on Noise from Audible Intruder Alarms dated 1982.  This requires that key holder details are provided to the local Police Station and that the local Environmental Health (EH) Dept. be told which Police Station.  Experience has shown that EH are often the first point of contact when an alarm continuously sounds – people being more concerned about the noise created, rather than the fact that a property may be being burgled. 

In such an instance, if key holders are registered with EH then they can be rapidly contacted to ensure that the alarm is appropriately dealt with.  Remember that a continuously sounding alarm 'tells' burglars that a property is not occupied. 

If you do hear an alarm sounding, your first point of contact should ALWAYS be the local Police – the property may be being burgled.  Only if the alarm continues to sound for protracted periods (more than 20 minutes) should you contact EH.

Question: How do I register alarm key holder details?

Answer:

You may have been contacted about the details that you have already registered.  If these have not changed, you can reply by either email or letter confirming this fact, NOT by telephone as changes have to be accompanied by signature(s). 

Please include your name and address. If your registered details have changed, or you want to register your details for the first time, this will need to be done on an Alarm Registration form.  You can telephone, email or visit the offices for one of these. 

As these details are held on Computer database, written permission must be given for it to be so held. Your registered details will be treated as confidential information and will only be used by authorised officers if the need arises.

Question: What controls can the Council put in place over noise from a construction site?

Answer:

It is firstly important to realise that there are no time limits specifically laid down in law saying when a Construction Site can and cannot operate.  Often Conditions may have been put in place in response to a Planning Application, so the developer will have been advised of the 'permitted' hours when they received their approval. 

The generally accepted Hours of Operation are Monday – Friday : 08:00 – 18:00; Saturdays : 08:30 – 13:00; Sundays and Bank Holidays : none.  These time limits relate only to noisy works, e.g. use of machinery, it would not apply to, for example, the manual sawing of wood.  EH do have scope to serve notice under one of two pieces of legislation – the Environmental Protection Act 1990 (EPA) ; and the Control of Pollution Act 1974 (CoPA). 

The EPA allows for the service of notice where a noise amounting to a Statutory Nuisance has been witnessed – this is more than simply being able to hear a noise.  This would require the Builder to do certain works to prevent the recurrence of a Statutory Nuisance.  The CoPA allows EH to serve what is called a Prior Consent. 

This can either be upon application by the Builder or initiated by EH.  It also can require the Builder to do certain works and can control the noise output from the site.

Question: My neighbour regularly plays loud music late at night which causes disturbance to me. What can I do?

Answer:

It is always advisable to speak to your neighbour over such a problem and try to resolve the issue amicably. If you cannot do this or have tried and been unsuccessful, you can contact Environmental Health Services (tel 01322 343374, email customer.services@dartford.gov.uk ) to report the matter. You will need to give your personal details which will be treated as confidential information.

You should also start to list the dates, times and duration of the noise and the impact it has on you. The person causing the noise will be written to and although your name will not be mentioned, in many cases the person causing the noise will know or suspect the person that has made the complaint.

If the situation does not improve, the Environmental Health Officer assigned to your complaint will endeavour to witness the disturbance. If the disturbance happens when the Civic Centre is closed, arrangements can be made to visit at the appropriate times. The Council will only be able to take formal action if a statutory noise nuisance is witnessed by an Environmental Health Officer.

For this to happen, the noise may need to be heard several times and would have to interfere with the reasonable occupation of your home. In other words, the fact that it may be audible in your home would not necessarily mean it was a statutory noise nuisance. The action that could be taken would depend on the severity and history of the problem.

In most cases where a statutory noise nuisance is witnessed, an Abatement Notice would be served requiring the person responsible to abate the nuisance and prevent it recurring. If further offences were witnessed, legal proceedings would then be taken.

In the more severe or persistent problems, noise making equipment - e.g. hi-fi etc - has been confiscated and is not returned to the owner.

In some cases, a Council officer may never be able to witness the disturbance to make a judgement. Under such circumstances, the law does allow you to take your own action via the Magistrates Court, but you would be advised to ensure you have witnesses that can support your case.

Question: My neighbour regularly has bonfires in his garden. Is this illegal?

Answer:

No. Anyone can have a bonfire. Although most of the Borough is designated as a Smoke Control Area, this applies to domestic chimneys but not to bonfires.

However, a bonfire could cause a statutory nuisance from smoke, odour, flying ash or any combination of these. If such a nuisance is witnessed by an Environmental Health Officer, action can be taken against the offender. For more information, contact Environmental Health Services (tel 01322 343374, email customer.services@dartford.gov.uk ).

Question: Where can I view a copy of the Council's list of prescribed processes?

Answer:

You can view a copy of the Register by clicking on this link. Alternatively you can visit the Civic Centre and ask to view the Register.

Question: What is a Prescribed Process?

Answer:

The Environmental Protection Act 1990 permits the Secretary of State to make a list of "Prescribed Substances". These are substances defined within Regulations.

If a business operation results in these substances being emitted to air, land or water above a threshold amount, then the business operation is commonly referred to as a Prescribed Process and requires an authorisation to operate from either the local council (if to air only) or the Environment Agency (if only to air above a threshold amount or to land or water or any combination of).

The authorisation that is issued allows the operator to emit the prescribed substances but only to a defined limit as permitted within the conditions attached to the authorisation.

Question: Why is there an Environmental Health department as well as the Environment Agency – what is the difference between the two?

Answer:

The ENVIRONMENT AGENCY (EA) is a national Central Government body.  It was created in 1996 and is a combination of the old Waste Regulation Authorities (based at County level); the National Rivers Authorities (which came out of the Water Authorities); and Her Majesty's Inspectorate of Pollution (a Central Govt body). 

The EA deals with all of the functions of their originating bodies in a more cohesive manner.  The EA covers the whole of England and Wales and is divided into a set of Regions, which are loosely based on the old Water Authority regions. In Kent the EA region is the South-East.  The EA deals with matters such as River Pollution; Waste Management; and larger, more complex industries.

ENVIRONMENTAL HEALTH (EH) is based at Local Authority level.  Every Local Authority will have an Environmental Health Dept., but the functions may vary from Authority to Authority. 

As a general rule they all deal with Food Hygiene, Health & Safety, Nuisance work, Pest Control & Authorised Processes (see the table on the front page of the Environmental Health section of this website for full details).  EH at Dartford does NOT deal with Housing and Drainage, each of these is dealt with by a specialist Section within the Council.

Question: What career opportunities are there within Environmental Health?

Answer:

There are many opportunities, depending on the type of work being sought. For example, administrative support is an essential element of any Environmental Health department. No environmental type qualifications are needed for this role although a confident and caring telephone manner is essential, along with the normal office administration skills.

Specific technical qualifications are needed by those staff dealing with enforcement and investigative jobs. For example, Technical Officers will need to have training (some to degree status) for sampling, monitoring and law enforcement. Environmental Health Officers require degree status qualification in accordance with the Chartered Institute of Environmental Health.

Most technical and environmental health officers go on to specialise in their chosen areas of work such as Food Safety, Health & Safety at Work, Pollution Control, etc. For more information on a career within Environmental Health, tel 01322 343374 or email customer.services@dartford.gov.uk or visit the CIEH website, http://www.cieh.org.uk/ *