Contaminated land
Under Part IIA of the Environmental Protection Act 1990,
Peterborough City Council has regulatory duties and powers relating
to contaminated land. The provisions of Part IIA came into force on
1 April 2000. Local authorities are
required to draw up a strategy for identifying and dealing with
potentially contaminated sites.
In accordance with the Peterborough City Council Contaminated
Land Inspection Strategy approximately 600 sites across the city
have been identified for further assessment due to the potential
for being contaminated.
The strategy on investigation into contaminated land is to
investigate and remediate sites that pose the most serious risk in
a rational, ordered and efficient manner to ensure that the sites
are suitable for use.
The legal definition of contaminated land is much more restrictive than the normally accepted definition. Land can only be regarded as contaminated when it appears to the Local Authority to contain substances (solid, liquid or gaseous) which either cause 'significant harm' or where there is a 'significant possibility of such harm being caused.' Harm in this sense is to any living organisms (including people), wildlife, property, water, livestock or crops.
In deciding whether land is contaminated, Local Authorities are required to make complex judgements based on the potential risk. These judgements must be based upon scientific evidence and the assessment of risk must be based on the Government's published guidelines.
Investigation of potentially contaminated land is split into two main areas:
1. Cleaning up sites as part of the planning process
The expansion and regeneration of Peterborough in the last few years means that many old industrial sites are being redeveloped into new housing and offices. The Pollution Team in consultation with the Planning Department make sure that any sites that are being redeveloped in this way are investigated and, if necessary, cleaned up, so that people can live and work at these sites without any risk of harm from substances left in the soil by the previous occupiers of the site.
2. Cleaning up sites as part of an inspection process
Legislation requires councils actively to investigate their
districts to try to identify sites where previous uses may have
left contamination in the soils or groundwaters and which may now
pose a significant risk to the health of people or to the
natural or built environment.
Environmental searches
The recent legislation also means that the previous use of a site has now become an issue when people buy and sell houses. The Pollution Team may be able to provide information about the history of a site which can help to clarify problems which crop up during the property transaction process.
In conjunction with the Northants Contaminated Land Group
Peterborough City Council has produced advice for Developers and
their Advisors.
Useful websites
- Environment Agency - Land contamination the facts.
- DEFRA - Frequently asked questions.
For further information, please contact the Pollution control team
