Contamination of the land can arise from past industrial processes, waste disposal, illegal dumping, accidental spillage of substances and in some instances may be natural rather than man-made. In the past there were far fewer operating restrictions for industries than we have today. Many industrial activities were carried out with little regard for their impact on the environment, particularly prior to the Control of Pollution Act 1974. The type of contaminant can vary widely from site to site. Some of the more common problems include oils and fuels, domestic and industrial waste, heavy metals and solvents.
Different contaminants can cause problems in a variety of ways. For example, they can:

• travel through or move across the ground and pollute water resources such as underground water, lakes and rivers
• Be inhaled as dust particles
• Be absorbed into, or irritate the skin
• Be taken up by plants that are grown in the ground to be eaten by humans or animals
• Break down to create potentially dangerous gases including methane, carbon dioxide etc.
• Have a detrimental affect on building materials e.g. cement

It is therefore important to identify areas where contaminants are likely to be present and to deal with them so that the site is made suitable for its use, and to negate any affects to neighbouring land.

The ‘appropriate person’ pays for remediation. Appropriate people can be classified as Class A and Class B persons. Class A persons are those people that may have caused the contamination or those that have knowingly permitted a pollutant to be in, or under the land. If these people cannot be located then responsibility may default to a Class B person who may be the current resident or landowner.

The Environmental Protection Act 1990 introduced a legal definition of 'Contaminated Land' for the first time. Section 78A of the Act states that: 'Contaminated Land' is: “any 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:

• a significant harm is being caused or there is a significant possibility of such harm being caused; or
• b pollution of controlled waters is being, or is likely to be, caused.”

Not necessarily. Brownfield is a term often used to describe previously developed land. Most land that has been previously used for industrial purposes will have some contamination present, but not all will meet the definition of contaminated land under Part IIA of the Environmental Protection Act 1990.

If you have made a planning application relating to a development that is on or close to land deemed to be potentially contaminated (by virtue of a previous use); or the development is due to take place within 250m of a known landfill site, you may have a contaminated land condition attached to your planning permission. A condition is attached in circumstances where we feel that special precautions and contamination remediation works are likely to be required to ensure the development can be implemented with adequate regard for environmental and public safety. To comply with the condition you must ensure that the development is suitable for its new use. The condition will require you to carry out investigations to determine the extent of any contamination and any risk it poses and forward this information to the Council. On the basis of the level of contamination found in the investigations a remedial strategy will need to be submitted and implemented to the satisfaction of the Council. The type of remediation required will depend on many factors including the site location, the nature and size of the intended development, and the nature of the former potentially contaminative use.
Investigations, risk assessment and subsequent preparation of a remediation strategy must be undertaken by suitably qualified personnel.


Generally, it is best to contact the Council's Planning Team to discuss the specific details of your proposed development prior to submitting a planning application. See the Developers Guide to Planning Applications

If you or a worker on site find a suspicious substance on site or uncover some buried drums or tanks, then you will need to take advice from professional consultants to find out if you and your workers, nearby buildings/ residents, watercourses and the new development are at risk, in addition to ensuring that you are not breaching any environmental legislation.  Unknown substances can be potentially dangerous and a risk assessment should always be undertaken prior to exposing yourself and others.


It is recommended that if it is safe, you make notes detailing what you have found such as the appearance, liquid / solid, any odours, colour variations, depth, approximate quantity etc and if possible take photographs. This documentation will assist you when you speak to consultants and will be essential when proving that the site is suitable for use.
You should contact the Council’s Contaminated Land Officer as soon as possible to inform them of situation. The officer may wish to visit the site to examine what has been found.