Contaminated land

Under section 78R of Part IIA of the Environmental Protection Act 1990 council is required to maintain a public register of all regulatory action that has been undertaken in respect to the remediation of contaminated land. A register entry will be created when one of the following happens:

• the land is designated a special site
• a remediation declaration is published
• a remediation statement is published
• a remediation notice is served

Sites that have been determined as contaminated land but where no consequent action has yet been taken will not appear on the register. At this point much of the original notification information will be included in the register entry.

The regulations specify the information to be included in the register, which is:

• remediation notices
• site information and details of site reports obtained by the authority relating to remediation notices
• designation of sites as 'special sites'
• site specific guidance issued by the Environment Agency
• remediation declarations, remediation statements and notifications of claimed remediation
• any appeals lodged against remediation and charging notices
• convictions for non compliance with notices
• statement regarding the existence of confidential information

The register will not include details of historic land use and other records used in the investigation of potentially contaminated land.

Environmental Protection Act 1990: Part IIA Basingstoke and Deane Borough Council

The regime for the identification and remediation of contaminated land is laid out in Part IIA of the Environmental Protection Act 1990.

The primary regulatory role rests with local authorities such as Basingstoke & Deane Borough Council. As an enforcing authority the Council is required to inspect its area and determine whether any land is “Contaminated Land” as defined in the legislation. Local authorities have been given powers to ensure the remediation of any sites determined to be contaminated land.

The Council has a duty (under section 78R(1)) to maintain a Register which includes details of remediation notices served and other documents in relation to each area of contaminated land for which the authority is responsible.

The particular details to be included in the register are prescribed in Regulation 15 of, and Schedule 3 to, the Contaminated Land (England) Regulation 2000. This will detail the location and extent of contaminated land in the Borough and can include:

• remediation notices and appeals against such notices
• remediation statements and declarations
• appeals against charging notices
• notices relating to the designation of land as a special site
• guidance issued by the Environment Agency
• information where a site is formally identified as contaminated land but is dealt with under other legislation
• site details
• details from the Environment Agency regarding the regulation of Special Sites

The Council is under a duty to keep its Register available for free inspection by the public at all reasonable times (Section 78R(8)(a)). In addition, it is under a duty to provide facilities for members of the public to obtain copies of register entries, for which it can make a reasonable charge (section 78R(8)(b)).

Before including any information on its register the enforcing authority needs to consider whether the information should be excluded on the basis that either:

• it’s inclusion would be against the interest of national security
• the information is commercially confidential

For full details of the information required to be kept in the register, and the grounds for exclusion, the relevant legislation and guidance should be consulted.

The Register include the latest available information and therefore it is essential to check for the current issue:

• by checking this page for updates
• e-mailing: ehteam@basingstoke.gov.uk
• contacting the Environmental Protection Team by calling 01256 844844

You can view the register free of charge at the Civic Offices, London Road, Basingstoke. Copies of documents can be purchases from the Environmental Health team and for a small fee.

Index of sites that are included in the Register

A guidance document has been produced to assist developers and their consultants in meeting planning condition requirements relating to land that is, or may be, contaminated. Such contamination typically arises from previous land uses, although in some cases it may occur naturally due to underlying geological conditions. This guide is provided for informational purposes only and does not form part of any planning permission.

Contaminated Land Guidance for Developers(PDF) [4 Mb]

Leaks from damaged or faulty domestic heating oil tanks occur relatively frequently, particularly during the winter months, and can have significant environmental consequences. Such incidents can lead to ground contamination, damage to vegetation, harm to wildlife, pollution of watercourses, and the contamination of drinking water supplies. The cost of clean-up can be substantial, often amounting to thousands of pounds, and these incidents are not always covered by insurance policies.