Contaminated land

When land is contaminated it might pose a risk to the environment or people.

Some of the common causes of contamination are:

  • previous industrial use
  • use of contaminated materials as infill
  • high levels of naturally occurring contamination such as radon, methane or arsenic

The potential risks of contaminated land need to be taken into account when planning a development or if you are considering buying or selling a house or piece of land. Many potentially contaminated sites can be developed without risk of harm to people if they are cleaned up.

What to do if you are planning to develop a site

A Phase I desk study report must be submitted with the planning application if:

  • there is reason to suspect that contamination could impact on the proposed development
  • the proposed end use is considered vulnerable for example, residential uses, allotments, schools, nurseries, children’s play areas, playing fields

Depending on the outcome of the Phase 1 desk study, a Phase 2 (site investigation) report and Remediation Statement may also be required in support of the application

The YALPAG development of contaminated sites leaflet (PDF 1.3MB) will give you more information about what you need to submit with your planning application. Please contact us if you would like to discuss the information you need to submit.

When considering remediation of a site you may also need to show you have taken appropriate steps to protect people from contamination by using gas protection systems or using a cover system. Additional technical guidance from YALPAG is available on verification requirements for Gas Protection Systems(PDF 4.5MB) and verification requirements for Cover Systems. The Cover Systems guidance also includes details on the assessment of material being imported on to a site.

Submitting a planning application

When you are considering developing a potentially contaminated site you must follow these steps when applying for planning permission:

  • make sure the question on existing use on the planning application form has been correctly filled in
  • ensure you have submitted the correct remediation and verification information to show that the site is suitable for use

We would also encourage you to:

  • raise land contamination issues at an early stage and discuss them with us
  • agree the scope of the site investigation works with us
  • include information about remediation in the deeds to individual properties, in particular where cover systems have been used and where buildings include gas protection measures

It is the responsibility of the developer to ensure that the land is safe for the intended use.

Inspecting and cleaning up sites

We are required by the Government to regularly inspect land to identify where historical contamination may pose a significant risk to people or the environment. Read our most recent Contaminated Land Inspection Strategy:

If a site is found to be contaminated land we will decide who needs to deal with the contamination. If necessary we may issue a ‘remediation notice’ saying when the contamination needs to be taken care of by.

Contaminated land sites which have been cleaned up

You can search the Part 2A Public Register (PDF 2.2MB) which is a list of all sites where action has been taken to ensure they are cleaned up.

How to find out if land is contaminated

You can contact us and we can provide information on the following free of charge:

  • the contaminated land status of a property or piece of land in relation to Part 2A of the Environmental Protection Act 1990
  • presence or absence of closed landfill sites within 250 metres of the search area

If you are buying or selling a property you can speak to your solicitor who can carry out an environmental search on your behalf.

We can’t guarantee that a site will never be classified as contaminated land as additional information might come to light or environmental legislation may change.

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