The legal definition of contaminated land requires there to be a significant probability of significant harm to:
- humans
- water
- protected ecology or crops / buildings
This harm can come from substances either in, on or under the land.
They can include certain chemicals such as metals, acids, oils, fuels and gases usually associated with industrial use of the land, although natural contamination can also occur.
The simple presence of such substances is not enough for land to be considered contaminated. There must be a proven linkage between the source of contamination and a particular receptor, otherwise known as a source-pathway-receptor linkage. In the absence of such a linkage, land is technically described as being affected by contamination rather than contaminated land.
Land which may be affected by contamination, but has not been proven to be so through investigation and testing, should be managed carefully.
It is important to remember that, in most cases, the risks to health presented by historic industrial land uses are low, as some form of clean-up or containment has often occurred and concentrations reaching humans or the environment are usually very low.
Download the documents below for more information:
- contaminated land strategy (PDF)
- public register - contaminated land (PDF)
- Herts and Beds contaminated land planning guidance (PDF)
Our role
Our officers help protect public health by advising planning officers on how to manage risks associated with potentially contaminated land and ensure that new developments are suitable for their intended use.
Local authorities are the lead regulators for Part 2A of the Environmental Protection Act 1990. Introduced in 2000, this legislation provides a framework for identifying and managing historically contaminated land.
The Act requires local authorities to take a strategic, risk-based approach to identifying land that may be contaminated and to identify the appropriate persons responsible for addressing significant contamination issues. In carrying out these duties, we follow guidance from the Department for Environment, Food and Rural Affairs (Defra) and the Environment Agency.