Contaminated Land

The contaminated land regime in Part IIA of the Environmental Protection Act 1990 was introduced specifically to address the historical legacy of land contamination. It focuses on the identification and remediation of land which by reason of contamination gives rise to significant harm or the possibility of significant harm to certain named receptors, or gives rise to pollution of controlled waters or the likelihood of such pollution. It applies where there is unacceptable risk, assessed on the basis of the current use and the relevant circumstances of the land. It is not directed to assessing risks in relation to a future use of land that would require a specific right of planning permission. This is primarily a task for the planning system, which aims to control the relevant land use in the future.

Guidance on Planning Pollution and Control - Planning Policy Statement 23