Contaminated Land Strategy

What can the council do about contaminated land?

Under the requirements of Part 2A of the Environmental Protection Act 1990 local authorities are required to make assessments of land in their areas to decide which sites are or could be causing harm or pollution and to ensure they are made safe.

In such circumstances the council has a duty to inspect the site to determine whether the risks mean remediation is required. If such measures are considered necessary the council will consider legally determining the site to be "contaminated land" and will then take steps to identify who is responsible for making the site "suitable for use". What measures are needed will be determined by the use to which the land is to be put. For example more rigorous clean up targets will be required for domestic gardens than for a site that is to be used for industrial purposes.

Usually it will be the original polluter who will be liable for any remediation work that is necessary, or in some cases the builder of the houses. However in some circumstances it might be the current land owner that would be liable to undertake and pay for any clean up. Should individuals find themselves facing hardship as a result of such liabilities, they may be exempted from having to pay costs.

As well as developing and implementing the council's Contaminated Land Strategy through its responsiblities under the Environmental Protection Act the council also manages contaminated or potentially contaminated land through the planning and development control process.