Contaminated Land and the Local Authority Role

A long heritage of industrial development and growth has resulted in the contamination of tracts of land throughout the UK and recent decades have seen a move towards a proactive approach to dealing with this legacy, particularly reflected in legislative changes. Local authorities now play a major role in dealing with contaminated land and the Environmental Protection Act 1990 Part IIA, enacted by the Environment Act 1995 and often referred to as the ‘Contaminated Land Regime’ outlines the responsibilities of local authorities in relation to contaminated land.

Land containing contaminants may not necessarily meet the criteria required in order for it to be designated as ‘Contaminated Land’ which requires the existence of a ‘pollutant linkage’ involving

1. a contaminant
2. a pathway
3. a receptor  

The EPA 1990, Pt IIA requires the council to formulate a Contaminated Land Inspection Strategy which sets out in detail the way the council intends to meet the different aspects involved in dealing with contaminated land within its district.  These include :

• The identification of potentially contaminated and actual contaminated land within the Borough. This relies on various sources of information such as historical maps, pollution records, complaints and information held by the council and other organisations and legal bodies.
• Consultation with the Planning Officer in connection with planning applications to develop on or near former or existing industrial land.
• The investigation of complaints concerning alleged or actual pollution of land
• Responding to requests for information concerning potential or actual contaminated land
• The maintenance of a Public Register of designated contaminated land.

COMPLAINTS AND ENQUIRIES ABOUT CONTAMINATED LAND

The Environmental Health Section currently undertakes the councils functions relating to contaminated land and complaints or enquiries connected with this subject can be raised with the section by telephone ( 01527 64252, ext 3630/3353), in writing or by e.mail via the councils website.

You will need to provide your name, address and contact number(s) and the details of your complaint or request. This information will be entered onto the Environmental Health , Requests for Service’ database and an officer will contact you to discuss your requirements fully within three working days. Where possible requests for information or advice will be dealt with by written response within 7-10 working days, however complaints about contamination may require and instigate a lengthy and ongoing investigation in which case you will be provided with progress updates at reasonable intervals.

In keeping with other aspects of local authority enforcement complainant  details are treated as confidential except where they are required to be disclosed in a court of law or where you agree that they may be divulged.

PUBLIC REGISTER OF DESIGNATED CONTAMINATED LAND

The Environmental Protection Act 1990, ( as amended by the Environment Act 1995) requires each enforcing authority to keep and maintain a Public Register of Contaminated Land’, recording information concerning the condition of designated contaminated land and details of any regulatory action connected with designated contaminated land.  The register must contain certain details and information prescribed by the Regulations for land designated as ‘contaminated land’ where:

• A Remediation Notice has been served
• A Remediation Declaration ,Remediation Statement or a Notification of Claimed Remediation exists
• A site is designated as ‘contaminated land’ but remediation and control is achieved through other environmental control regimes applicable to the site.

Related Document

Contaminated Land Strategy  (377.49 KB)