Marsh Lane, Misterton

Record of determination

Dated: 10 September 2010

Informed by:

Part IIA B.20(c) Inspection of Potentially Contaminated Land, Former Gas Works, 6 Marsh Lane, Misterton, Nottinghamshire. Report Number SM/0686/0740413 dated June 2007. Prepared by Ecus Ltd on behalf of Bassetlaw District Council.

Revised Part IIA B.20(c) Inspection of Potentially Contaminated Land, Former Gas Works, 6 Marsh Lane, Misterton, Nottinghamshire. Report Number AG/0686/090603/P2/A dated June 2009.

Prepared by Ecus Ltd on behalf of Bassetlaw District Council.

Remediation Method Statement 6 Marsh Lane, Misterton. Report Number AG/686/100320/RMS dated April 2010. Prepared by Ecus Ltd on behalf of Bassetlaw District Council.

Bassetlaw District Council - Remediation Statement dated 14 July 2011

Verified by:

Remediation Supervision Report dated 5th May 2011 prepared by Rosinco Ltd on behalf of Bassetlaw District Council.

Remediation Verification Report 6 Marsh Lane, Misterton. Report Number AG/686/110518/RVR dated 15th July 2011. Prepared by Ecus Ltd on behalf of Bassetlaw District Council.

Record of determination that land is contaminated land

Bassetlaw District Council ('the Council') has determined that the land at:

6 Marsh Lane, Doncaster, DN10 4DL

Within the boundary marked in red on the attached plan, reference Appendix 1

Being land which is situated within the Council’s area, is contaminated land for the purposes of section 78A(2) of the Act because:

  • The Council has identified a contaminant, a pathway and a receptor with respect to the current use of the land and is satisfied that this pollutant linkage presents a significant possibility of significant harm to that receptor.

A summary of the basis on which this determination has been made is set out in the Schedule to this record.

Mark Ladyman, Director of Community Services

Dated: 10 September 2010

Schedule

Pollutant Linkage

A pollutant linkage exists by reason of the following:

  • Contaminant: Benzo(a)pyrene
  • Pathway: Ingestion of soil, consumption of home-grown vegetables, dermal
  • Receptor: Human beings

The pollutant linkage is a 'significant pollutant linkage' because the pollutant linkage presents a significant possibility of significant harm being caused to the receptor.

Evidence on which the determination is based

The site is within the curtilage of a village gas works, which was nationalised under the 1948 Gas Act. In 1966 the Gas Board took the decision to convert Britain to Natural Gas. Once this was completed in Misterton, production ceased and in the late ' 60s the gas works site was divided up by the East Midlands Gas Board into 4 plots. The site of the decommissioned 2nd gas holder, the gas manager' house incorporating showroom and office site, and the retort house site, initially retaining the site of the 1st gas holder, later sold in 1983. The gas manager's house was sold as a residential dwelling; subsequently residential planning permission has been granted on the 2 gas holder sites, subject to sufficient site investigation, and remediation of any contamination found.

In 1987 a site investigation was required by Building Control Section of the 1st gas holder site to the north of the gas manager's house, following the grant of residential planning permission. The site investigation indicated the presence of some typical gas works contaminants. No residential development has yet taken place on this site. Following a planning application in 2005 to residentially develop the 2nd gas holder site, the Council reviewed the whole former gas works site under the provisions of Part IIA of the Environmental Protection Act 1990. In 2007 the council commissioned from ECUS Ltd., a site investigation of the residentially occupied portion of the former gas works, to establish whether there were any significant contaminants present on that site.

See Report Ref: SM/0686/0740413/P2 B.20(c) Inspection of Potentially Contaminated Land, Former Gas Works, 6 Marsh Lane, Misterton, Nottinghamshire dated June 2007.

As a result of this report, a further Report was commissioned from ECUS Ltd, to carry out some further sampling, and to carry out a site specific risk assessment. See Report Ref: AG/0686/090603/P2/A Revised B.20(c) Inspection of Potentially Contaminated Land, Former Gas Works, 6 Marsh Lane, Misterton, Nottinghamshire dated June 2009.

How the requirements of the Statutory Guidance have been met

The Council has satisfied the requirements of the Statutory Guidance given in the Department of Environment, Food and Rural Affairs Circular / 01 2006 by:

  • Determining, in accordance with the guidance set out in Chapter A, the question of what harm is to be regarded as significant and the question of whether the possibility of significant harm being caused is 'significant'. The Council has identified the land as being contaminated by determining that a significant pollutant linkage exists. The Council has relied upon the ECUS report ' AG/0686/090603/P2/A Revised B.20(c) Inspection of Potentially Contaminated Land, Former Gas Works, 6 Marsh Lane, Misterton, Nottinghamshire dated June 2009' to demonstrate that:
    • An established approach to risk assessment of the contamination-pathway-receptor concept has been followed in accordance with paragraphs A.9 to A.16 of Chapter A of Annex 3.
    • The possible harm is significant, as defined in Table A of Chapter A, Annex 3, through the establishment of a 'human health effect'.
    • There is a significant possibility of significant harm, as defined in Table B of Chapter A, Annex 3, due to the amount of the contaminant that a human receptor might take in, or be otherwise exposed to as a result of the pathway, representing an unacceptable intake, or direct bodily contact, assessed on the basis of relevant information on the toxicological properties of that pollutant.
  • Complying with the guidance in Chapter B, Annex 4 in determining that the garden at 6 Marsh Lane, Misterton appears to be contaminated land.
  • The Area of the contaminated land is clearly marked on the plan attached as Appendix 1.
  • In making the determination that there is significant possibility of significant harm, the Council has identified a significant pollution linkage as set out above relied upon the ECUS report AG/0686/090603/P2/A Revised B.20(c) Inspection of Potentially Contaminated Land, Former Gas Works, 6 Marsh Lane, Misterton, Nottinghamshire, dated June 2009:
    • As scientific and technical evidence of the risk arising from the pollutant linkage
    • For the conclusion that there is a significant possibility of significant harm: and
    • To be satisfied that an adequate scientific and technical assessment using appropriate and scientifically based guideline values (the use of which has been in accordance with the guidance) has been undertaken to show that there is a significant possibility of significant harm, and
    • The Council is satisfied that there are no suitable and sufficient risk management strategies in place to prevent such harm

Appendix 1

Marsh Lane, Misterton outline map


Last Updated on Tuesday, January 31, 2023