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Contaminated land

The Council tackles contaminated land in a number of ways; through the planning process, through the Inspection Strategy and through prevention.

Contaminated land in the planning process

For planning applications situated on land known or suspected to have had a potentially contaminative former use, the developer may be required to carry out an investigation of the site and where necessary to undertake remediation (clean-up) if contamination is found.

We have produced guidance for property owners and developers who want to know what information they should submit to the Council when applying for planning permission to develop or significantly change the use of land or buildings which could potentially be contaminated.

It is the responsibility of the developer to ensure that the site is suitable for its proposed use. Our guide offers advice and guidance on tackling possible contamination issues during the development process:

Contaminated Land Inspection Strategy

The Council has a statutory duty under Part 2A of the Environmental Protection Act 1990 to identify contaminated land and to ensure it is in a suitable condition for its current use. 

If land becomes severely polluted and it affects a 'statutory receptor', we are the primary regulator. We assess the land to see if further action is needed. We provide the following services:  

  • carry out inspections of sites
  • check the extent of contamination
  • designate whether the site is deemed a 'special site' (the Environment Agency are responsible for enforcing this) and
  • act as the Enforcing Authority for contaminated land not designated as a special site

Public register of contaminated land

Our Contaminated Land Register currently includes the following entry:

Contaminated Land Notice served - RAF Brize Norton (Bulk Fuel Installation 5). Notice of Determination made 23 May 2006, offered to Environment Agency as a Special Site on 10 November 2006.

Special Site - RAF Brize Norton (Bulk Fuel Installation 5). For further information, please contact the Environment Agency

Treatment of contaminated land  

When land has been confirmed as contaminated the enforcing authority must: 

  • confirm who should be responsible for treatment or remediation
  • decide after consultation what treatment work should be done and check that this is carried out
  • decide who is to pay for the treatment and
  • maintain a public register of all regulatory action in relation to contaminated land. 

Land is only considered contaminated if it affects:

  • human beings
  • certain ecosystems
  • certain property
  • controlled water

You can download our contaminated land strategy.

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