Contaminated land

Some land in this country has been contaminated in the past by industries such as:

• Gasworks
• Tanneries
• Chemical works
• Dyeworks
• Landfills (refuse tips)

These are often called brownfield sites.

The Problem

Brownfield sites can be a problem where substances (e.g. chemicals, materials such as asbestos, or radioactive materials) are harmful to human health or the wider environment. However, brownfield sites do not generally cause a problem unless they are redeveloped for a different use.

'Pollutant linkage'

Land is only declared 'contaminated' if:

• It contains a source of pollution – “the source”
• Someone (or something) could be affected by the pollutant – “the receptor”
• The pollution can get to the receptor – “the pathway”

These three elements together are known as the pollutant linkage.

Action required

If you own or occupy contaminated land now, or you did in the past, you may be responsible for cleaning up the pollution. You may still be responsible for cleaning up the pollution after you have sold the land.

Some contamination can be a hazard to current occupants or neighbours and the law says the problem must be put right immediately.

Contaminated Land Register

The council is required under Section 78R of Part IIA of the Environmental Protection Act 1990 to maintain a Public Register of Contaminated Land that holds certain prescribed information.

This includes the following:

• Remediation Notices
• Remediation Declarations/Statements
• Appeals against Notices
• Designation of special sites
• Notification of Claimed Remediation
• Convictions for Offences

At present the Council do not have any sites that meet the criteria for inclusion onto the register, and it is empty. However, the register can be viewed in the documents section at the bottom of this page.

Developing Contaminated Land

Where development is proposed, the developer is responsible for ensuring that the land is safe and suitable for use, for the purpose for which it is intended. This includes assessing the potential for the land to be "contaminated" - due to previous industrial activities, or natural (geological) conditions.

Where land contamination is known or suspected, the council normally applies the model planning conditions recommended by the Department for Communities and Local Government. 

Related Documents

Developers Guide
A guide to the content and submission of a validation or verification report (PDF 949KB)

Verification of Remediation of Land Contamination Science Report – NC/00/38/SR (Draft) (PDF 694KB)

These documents can be accessed using the links at the bottom of this page.

External Documents 

Part C of the Building Regulations

Environment Agency CLEA reports http://www.planningportal.gov.uk/buildingregulations/approveddocuments/partc/documentc

NHBC. (2007) Guidance on evaluation of Development proposals on site where Methane and Carbon Dioxide are present.
 

Guidance for the Safe Development of Housing on Land Affected by Contamination. R&D 66: 2008.
 

Model Procedures for the Management of Contaminated Land – CLR11

Contact Us:
If you have any questions or would like further information, please feel free to contact the Council.