Contaminated land
Contaminated land is land where the ground has become polluted.
This is often caused by substances being spilt or left behind from past industrial activity. In some cases, higher levels of hazardous substances may also come from natural sources.
If contamination is not dealt with properly, it may be a risk to public health and the environment.
Who is responsible for contaminated land
The responsibility for dealing with contaminated land usually sits with the person or organisation that caused the contamination.
Responsibility can also sit with the owner or occupier of the land. If the land is being developed, the person or organisation redeveloping it may be responsible.
How we deal with contaminated land
We deal with contaminated land through the planning process, inspections, our contaminated land strategy and prevention work.
We also work with regulatory partners, including the Environment Agency, to help prevent new contamination. Where needed, we can require the responsible polluter to clean up the land.
Find more information about contaminated land on GOV.UK.
Contaminated land guidance
Development on previously used land can be more complex.
Our guidance notes for developers, agents and consultants (PDF) give advice about possible contamination issues during the development process.
Contaminated land strategy
We have a legal duty under Part 2A of the Environmental Protection Act 1990 to identify contaminated land. We must also make sure it is suitable for its current use.
If land is severely polluted and affects a statutory receptor, we are the main regulator. We assess the land to decide whether further action is needed.
We are the enforcing authority for contaminated land that is not classed as a special site. The Environment Agency is responsible for special sites.
When land is confirmed as contaminated, the regulator will decide who is responsible for cleaning it up. The regulator will also decide who must pay for the work, check that the work is carried out, and keep a public register of regulatory action.
We are responsible for developing and delivering a strategy to identify contaminated land in the Borough of Swindon and make sure it is made safe.
The contaminated land strategy (PDF) explains how we deal with contaminated land in the Borough of Swindon. It describes how we identify and prioritise sites for further investigation. It also includes information about liability, enforcement and remediation.
Public register of contaminated land
Part 2A of the Environmental Protection Act 1990 says local authorities must keep a public register of sites that have been formally classed as contaminated land.
The public register does not have any entries at the moment. No sites have been formally classed as contaminated land in the Borough of Swindon, and no notices have been served under the Act.