Contaminated land
Contaminated land refers to circumstances where ground has become polluted in some way. Most often this is as a result of substances being spilt or otherwise deposited from historic industrial activity, but elevated amounts of hazardous substances may be present from natural sources too.
If contamination of the land is not properly dealt with, it may pose a risk to public health and the environment.
The responsibility for dealing with land affected by contamination rests with those who caused it, the owner or occupier of the land or, in the case of land being developed, the person redeveloping it.
The Council tackles contaminated land in a number of ways; through the planning process, through inspection (the contaminated land strategy) and through prevention.
The Council works closely with various regulatory partners, including the Environment Agency, to prevent new contamination being caused, or to require clean-up by the responsible polluter.
Contaminated land guidance
Development on previously-used land can be more complex. Our guidance notes offer further advice on tackling possible contamination issues during the development process.
Contaminated land strategy
The Council has a statutory duty under Part 2A of the Environmental Protection Act 1990 to identify contaminated land and to ensure it is in a suitable condition for its current use.
If land becomes severely polluted and it affects a statutory receptor, we are the primary regulator. We assess the land to see if further action is needed. Acting as the enforcing authority for contaminated land not designated as a special site (the Environment Agency is responsible for enforcing this).
When land is confirmed as contaminated, the regulator will decide who is responsible for its remediation, who will pay for this and check that it is carried out, then maintain a public register of all regulatory action in relation to contaminated land.
We have responsibility for developing and delivering a strategy to identify contaminated land within the Borough of Swindon and to ensure that it is made safe.
This strategy outlines how we deal with contaminated land in the Borough of Swindon. It describes how we identify and prioritise sites for further investigation, as well as information about liability, enforcement and remediation.
Public register of contaminated land
Part 2A of the Environmental Protection Act 1990 places a duty on local authorities to hold a public register of sites that have been formally determined as contaminated land.
The public register does not have any entries to date as no sites have been determined in the Borough of Swindon and no notices have been served in accordance with the Act.