Pollution control - contaminated land
ListenWhat is contaminated land?
'Contaminated land' is any land which appears to the local authority in whose area it is situated to be in such a condition, by reason of substances in, on or under the land, that
- significant harm is being caused or there is a significant possibility of such harm being caused; or
- pollution of controlled waters is being, or is likely to be, caused
Environmental Protection Act 1990
In this instance the word ‘harm’ refers to harm to the health of living organisms, interference with ecological systems, and harm to a person’s property.
View the contaminated land legislation.
The Council’s approach to contaminated land
Contaminated land is being dealt with in three ways:
- Planning: When an application is made to the Council for planning permission, our records are checked for historical land use and other environmental factors. Where there is need to, a condition will be added to the planning authorisation stating that a desktop study must be carried out into the condition of the land.
If the survey shows that the site could be contaminated, an intrusive site investigation must then be carried out to determine the content and extent of the contamination. The land must then be remediated to a standard that makes it suitable for the end use of the site. - Inspection Strategy: Under Part II A of the Environmental Protection Act 1990, all local authorities have a duty to inspect their land to identify where contamination is present. This is to ensure that the appropriate person (the polluter) is made to remediate the land to a standard that makes it ‘suitable for its use’. The Council has written an Inspection Strategy which details how it intends to carry out its duties under this legislation. See Contaminated land inspection strategy for more detail.
- Prevention: The Council is also involved with the prevention of pollution that could lead to the contamination of land. The Council, along with the Environment Agency, is responsible for the authorisation and monitoring of all polluting processes within the Borough. This ensures that all industrial and commercial processes are actively controlled, and that appropriate standards are enforced.
You can make an enquiry as to the condition of any piece of land within the Borough in accordance with the Freedom of Information Regulations by completing the Freedom of Information Request Form or by contacting the Council’s Information Compliance Officer.
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