The Law on Contaminated Land

On 1st April 2000, the Contaminated Land Regulations came into force, placing a duty on the Council to identify any contaminated land in our area, and bring about its remediation. The regulations give us (and in some cases the Environment Agency) powers to serve remediation notices requiring works to be carried out.

As a result we have produced a strategy to identify, investigate and (where necessary) make sure land is remediated a systematic and efficient fashion. Where possible this will be done in co-operation with all interested parties, using our powers of enforcement only as a last resort.

We use a risk-based approach to dealing with contaminated sites based on the following activities:

  • Identify the problem
  • Assess the risks
  • Determine the appropriate remediation requirements
  • Consider the costs
  • Establish who should pay
  • Implementation and remediation

Contaminated Land is defined as:
"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-
   (a) significant harm is being caused or there is a significant possibility of such harm being caused; or
   (b) pollution of controlled waters is being, or is likely to be, caused."
This involves identification of the contaminant source, pathway and receptor; establishing links by which the contaminant from the source can reach the receptor via the pathway with the possibility to cause significant harm or the pollution of controlled waters.

Principles of pollutant linkage and risk assessment

The definition of significant harm is based on the pollutant linkage being present. A pollutant linkage consists of three parts:

  • A "contaminant" is a substance which is in, on or under the land which has the potential to cause harm or to cause pollution of controlled waters.
  • A "pathway" is one or more routes or means by which a receptor is being exposed to, or affected by, a contaminant, or could be so exposed or affected.
  • A "receptor" is specified in the DETR guidance.

Receptors recognised as being potentially sensitive are:

  • Human beings
  • Ecological systems or living organisms in certain protected locations including:
                Sites of Special Scientific Interest (SSSI’s)
               National Nature Reserves
               Marine Nature Reserves
               Special Areas of Conservation (SAC’s)
               Special Protection Areas (SPA’s)
               Candidate SAC’s
               RAMSAR sites
               Areas of special protection for birds
  • Property in the form of buildings including:
                Ancient Monuments
  • Property in other forms:
                Livestock
               Crops
               Home-grown produce
               Owned or domesticated animals
               Wild animals subject to shooting or fishing rights
  • Controlled waters: territorial and coastal waters, inland fresh waters, and ground waters.

The Contaminated Land (England) Regulations 2000 define:

  • Categories of land which are to be designated as Special Sites
  • The form and content of remediation notices
  • Appeals
  • Compensation for access
  • Public remediation registers

Councils must :

  • Prepare and publish an inspection strategy.
  • Inspect their area to identify and where appropriate determine contaminated land.
  • Consult the Environment Agency (EA) on pollution of controlled waters.
  • Ensure remediation of land identified as contaminated land.
  • Transfer "special sites" to the EA.
  • Maintain remediation registers.
  • Provide information to the EA for inclusion in the State of Contaminated Land report.

The Environmental Agency must:

  • Provide relevant information to local authorities.
  • Regulate of Special Sites.
  • Ensure remediation of Special Sites.
  • Maintain a public register of regulatory action for Special Sites.
  • Prepare a national report on the state of contaminated land.
  • Provide advice to local authorities on identifying and dealing with pollution of controlled waters and contaminated land.

Planning and Development Control – the contaminated land regime will not normally apply where land is being managed in the normal cycle of land redevelopment and regeneration, where planning and development control will continue to be the primary means of control.
In addition to the planning system, the Building Regulations 1991 may require measures to be taken to protect the fabric of new buildings, and their future occupants, from the effects of contamination. Approved Document Part C (Site Preparation and Resistance to Moisture) gives guidance on these requirements.
In any case where new development is taking place, it will be the responsibility of the developer to carry out the necessary remediation. In most cases, the enforcement of any remediation requirements will be through planning conditions and building control, rather than through a remediation notice.

Water Resources Act 1991 – This gives the Environment Agency powers to take action to prevent or remedy the pollution of controlled waters. Decisions about the most appropriate regime in any particular case will be handled through consultation between the Council and the Environment Agency.

Page last updated on 25 November 2011