Let us help you:

Phase 1 Environmental Report Phase 2 InvestigationRemediation Strategy Flood Risk Assessments Site Condition Report Monitoring Verification Report Drainage Strategy

What is Contaminated Land?

Submitted by Helen Crossman on

The answer to this is not as straightforward as you might imagine; it rather depends on who is asking and why they are asking. So let us consider the who or why:

  • The local authority or the Environment Agency consider the site is potentially contaminated
  • A contaminated land condition has been attached to your planning application
  • You are considering buying some land
  • You have a plot of land and now you want to use it as an allotment

Let’s consider each of these in turn.

What is Contaminated Land?

If the local authority or the Environment Agency consider the site is potentially contaminated, they are using the definition in the Environmental protection Act 1990: Part 2A.

Section 78A(2): “contaminated land” is any land which appears to the local authority in whose area it is situated to be in such a condition, because 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) significant pollution of controlled waters is being caused, or there is a significant possibility of such pollution being caused;

Put simply, is there something on or in the land that can reach and harm someone or something? The onus is on the local authority or the Environment Agency to demonstrate that harm or the significant possibility.

If a contaminated land condition is applied to a planning application, it is because the local authority considers there may be a risk from the land due to the proposed development or use of the land. Here the onus is on the applicant to demonstrate that there is not an increased risk to anyone or anything from contamination.

If you are considering buying some land, either you or your solicitor should as a minimum, obtain an on-line search from a company such as Landmark or Groundsure. If this report indicates that there is potential contamination, then you should ask a suitably qualified consultant for advice. If you buy contaminated land you could end up being responsible for clean-up costs.

If you are considering making a plot of underused ground into an allotment you are going to be working the soil, getting dirty, creating dust and hopefully eating some of the produce. This will open up new ways in which any contaminants present can cause harm. As a minimum some soil testing should be undertaken to enable an assessment of risk to be made.