What is Contamination and Contaminated Land?
Contamination
Contamination occurs when one or more substances results in harm (or potential harm) to people or the natural/built environment. These substances can include lead, metals, petrol or solvents.
Contamination usually arises as a result of previous or exisiting industrial land uses - for example, it can arise from the storage of chemicals (including fuel), or from the dispersal of contaminants in the environment from human activitiy (use of leaded petrol, or deposit of contaminated materials etc).
Several public and private organisations are responsible for dealing with contamination. See the useful links and guidance page for more information on which organisations are responsible for which contamination issues.
Contaminated land
There are two main types of contaminated land, "statutory contaminated land", and "and affected by contamination."
Statutory contaminated land
Statutory contaminated land is land that meets the definition of contaminated land set out within Part 2A of the Environmental Protection Act 1990, namely:
"any land which appears to the local authority in whose area it is situated 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."
Statutory guidance (DEFRA Circular 01/2006) also clarifies this definition, identifying the types of harm and pollution that will result in land being identified as contaminated land.
Land affected by contamination
"Land affected by contamination" is the Planning definition for contaminated land and is set out within material planning guidance (Planning Policy Statement 23, ODPM). According to this guidance, land affected by contamination
“is intended to cover all cases where the actual or suspected presence of substances in, on or under the land may cause risks to people, property, human activities or the environment, regardless of whether or not the land meets the statutory definition in Part IIA”
This definition of contaminated land applies to planning applications and development. It is more stringent and covers a wider range of harm and pollution than statutory contaminated land.
Other contamination
In certain cases, other contamination may also be present in land which does not fall under the definitions for "statutory contaminated land" or "land affected by contamination".
The useful links and guidance page has more details on who to contact about other types of contamination.
Who to contact about contaminated land
The Council’s Contaminated Land Service is responsible for dealing with the following contamination:
- Contaminated land as defined by regulation (Part 2A of the Environmental Protection Act 1990). Further information is available on the Contaminated Land Regime page.
- Land affected by contamination through the Planning and Building Control process.
- Environmental Searches and other general enquiries to provide information available within the Pollution Section of the Council.
If you are not sure who to contact in relation to a contaminated land issue, Hackney Council's Pollution Section may be able to point you in the right direction. Contact us using the details at the top-right corner of this page.
Page updated: 15 Jun 2010
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