Contaminated Land

Throughout the UK, there are thousands of sites that have been contaminated by previous historic uses. Often this is associated with industrial processes or activities that have now ceased, but where waste products or remain they may present a hazard to the human health and the environment.

The term ‘contaminated land’ covers a wide range of situations where land is contaminated in some way. In a small number of these situations where certain criteria are met, a site might be determined as ‘contaminated land’. Land which has been defined as “Contaminated Land” has a strict legal definition set out in Part 2A of the Environmental Protection Act 1990.

The council has produced a guide to submitting planning applications to develop land that may be contaminated [PDF, 973Kb].

This sets out what sort of information we will need from you. It also explains how we will assess the information. If you are employing a consultant you should give them a copy of this guidance. This is to make them aware of what information is needed and when.

If you are developing a single residential property, a guide is available[DOC, 43Kb] to assist with completing a planning application form.

The council has also produced a document providing guidance on the verification requirements of cover systems [PDF, 1Mb]. If you are employing a consultant you should also give them a copy of this document.

Where ground gas protection systems are required as part of a development, the guidance document verification requirements for gas protection systems [PDF, 4Mb] will help developers demonstrate to the local planning authority that these systems have been designed, installed and verified to adequate standards.

North Lincolnshire Council is the primary enforcing authority for contaminated land within its area. The statutory regime for dealing with the inherited legacy of industrial activity in the form of land pollution was introduced on 1 April 2000 under the Environmental Protection Act 1990. Under Part 2A (Section 78) of the Act, the council has a duty to inspect the area to identify contaminated land.

As the first stage in this inspection process the council must publish a strategy for inspection [PDF, 1Mb].

The strategy sets out a detailed five-year inspection programme. This aims to identify areas of potentially contaminated land where historical industrial activity may have left pollution in, on or under the land.

Under Section 78 (R) of the Environmental Protection Act 1990 the council is required to hold a register of contaminated land within its area. The register held by North Lincolnshire Council can be found at our Record of Determinations page.

North Lincolnshire Council has exercised its legal powers to carry out a detailed inspection of land at Midland Road Industrial Estate and adjoining public open space in order to identify whether or not the land is legally contaminated as defined under the Environmental Protection Act 1990 Part 2A.

The industrial estate is known to be built over an old landfill site and there were local accounts of landfill gas odours inside buildings that required further investigation.

The outcome of the investigation can be found on our Midland Road former landfill inspection page.