Contaminated Land
What is contaminated land?
Land contamination is usually the result of previous land usage(s) or may, in rare cases, be due to contaminants being present due to natural geological conditions. Land can often be in such a state that it may pollute controlled waters, release potentially toxic or explosive gases, damage buildings and affect human health by the ingestion of or exposure to contaminated food / soil.
The words 'Contaminated Land' now have a specific legal definition. Under Section 78A (2) of Part IIA Environmental Protection Act 1990 'Contaminated Land' is defined as;
"Land which appears to the Local Authority to be in such a condition, by reason of substances in, on, or under the land, that significant harm is being caused, or there is a significant possibility of such harm being caused; or pollution of controlled waters is being, or is likely to be, caused."
'Harm' means harm to the health of living organisms or other interference with the ecological systems of which they form part and, in the case of man, includes harm to his property.
Is there any Contaminated land within Mid Beds?
Whilst Mid Beds does have areas of land affected by contamination, no sites within Mid Beds have been formally determined yet as Contaminated Land in accordance with the new definition.
How is Mid Beds DC tackling land contamination?
The Council has produced a 'Contaminated Land Inspection Strategy' detailing how it will deal with land in the district that may be contaminated. The strategy has been produced under a statutory duty arising from Part IIA of the Environmental Protection Act 1990.
Please click on the pdf attachment to view the Contaminated Land Inspection Strategy. A summary of the docuument is available in booklet form, while a guide for homeowners leaflet is also.
In addition to the proactive requirements contained within Part IIA of the Environmental Protection Act 1990 the central governmental target of achieving 60% of new development on brownfield sites has resulted in land contamination being remediated through the development control process. Environmental Services plays a major role in assuring the safe development of land affected by contamination, working closely with consultants and developers to ensure that the land is made 'suitable for use'.
The Council has produced guidance for Environmental Consultants and Developers in the form of a briefing note on the assessment and remediation of land that may be affected by contamination. It is recommended that developers should have reference to this guidance note to ensure that the land is adequately investigated. Please click on the appropriate download on this page to view the pre application guidance note.
Further Information on Contaminated Land can be obtained from: www.contamlinks.co.uk
Should you have any queries, or require further information regarding contaminated land please contact Customer Services on 08452-304040 or email Customer.Services@midbeds.gov.uk
* Download Contaminated Land Leaflet 06 (application/pdf; 187kb)
* Download Pre-application briefing note for developers (application/msword; 126kb)
* Download Contaminated Land Strategy 2006-2011 (application/pdf; 1011kb)
