Spelthorne Borough Council

Providing Quality Services to the People of
Ashford, Laleham, Shepperton, Staines, Stanwell & Sunbury

Land quality

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Contaminated land guide for developers | Contaminated Land Inspection Strategy | Contaminated land public register | Landfill regulations amendment | Contaminated Land Enforcement Policy | Latest contaminated land information

Latest contaminated land information Contaminated land is defined by the Environmental Protection Act 1990 as being: "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 significant possibility of such harm being caused; or (b) significant pollution of controlled waters is being or is likely to be caused. Land contamination is a widespread legacy of the United Kingdom's early industrialisation, caused by wide range of industrial, mining, waste disposal, and storage activities. It is estimated that between 0.8 and 1.2% of land within the UK is contaminated. Not only does land affected by contamination present unacceptable risks to human health, property, and the wider environment, it can also impact upon the economic and social use of land. For the last 20 years, a sustainable means of dealing with contaminated land has been sought which will address the risks to human health and the environment, and return inner city and urban areas to beneficial use, thereby enabling the regeneration of land and communities, whilst simultaneously relieving the pressure to build on previously undeveloped land. In achievement of the above, two regulatory regimes have developed which are used to control the impacts of contaminated land, The Environmental Protection Act 1990, and the Town and Country Planning Act 1990. These Acts place duties on local authorities in respect of land affected by contamination. Consequently, Spelthorne Borough Council has a duty to ensure that the land within its Borough does not present unacceptable risks to human health, property, or the wider environment, due to the presence of hazardous substances contained in, on or under the land. The Environmental Protection Act 1990 Land which is not undergoing redevelopment but is found to be presenting unacceptable risks to human health, property, or the wider environment is dealt with under this Act. This Act requires Spelthorne Borough Council to undertake an assessment of the Borough to identify land which is posing unacceptable risks to health and/or the environment. Where such land is identified the Council must then ensure that the land is remediated so that the risks are reduced to an acceptable level. Further information can be obtained from Spelthorne's Contaminated Land Inspection Strategy Town and County Planning Act 1990 When land is undergoing development, the Council must consider the impacts of contamination on the proposed use of the site. Where land is found to be contaminated, by the imposition and enforcement of planning conditions and building regulation, the Council requires the site to be remediated so that it is 'suitable for its intended use'. When formulating it's Local Plan the Council must also take account of contaminated land so that land use may be determined accordingly and, where appropriate, steering development onto previously developed land. Many contaminated sites have already been dealt with through the application of planning controls during redevelopment. It is anticipated that the redevelopment of previously used sites and derelict land within the Borough will continue to remain the primary mechanism for dealing with contaminated land. Spelthorne's Contaminated Land Inspection Strategy Spelthorne's Public Register of contaminated land Contaminated Land Enforcement Policy (Word 260kb) PPS23- 'Planning and Pollution Control'  November 2004 PPS23- 'Planning and Pollution Control- Annex 1: Pollution Control, Air and Water Quality' PPS23- 'Planning and Pollution Control- Annex 2: Development on Land Affected by Contamination'
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