Contaminated land

Contaminated land is land where substances in or under the land make it actually or potentially hazardous to people’s health, or hazardous to the environment. Contaminated land is defined by Part 2A of the Environmental Protection Act 1990 as:

 “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."

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

The law follows the 'polluter pays' principle - the person or organisation that caused or permitted the contamination must pay to have it put right. If that person or organisation is not known, then the current owner of the land may become responsible. However, owners and occupiers of domestic properties are not usually liable for these costs.

When a site is to be redeveloped, the previous use of the land is investigated using historical maps and information from trade directories.

If the site has a history of activities which may have contaminated the land, the council will require the developer to carry out an investigation and where necessary clean-up the land to a standard that makes it suitable for it's new use. 

A technical guide for planning applicants and developers available to download below.

We are often asked by purchasers and their legal representatives if there is any contaminated land at a property or site. If you would like us to search our records and provide a written response, complete the form.

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A fee is payable.

Register

You will find the following information in the register of contaminated land:

• remediation notices
• remediation declarations/statements
• appeals against notices
• designation of special sites
• notification of claimed remediation
• convictions for offences