Pollution
Contaminated Land
Contaminated Land Website
Responsibility of the council
Under part 2(A) of the Environmental Protection Act 1990, the council has certain duties over the enforcement of contaminated land. As part of this obligation it has prepared and published an inspection strategy detailing how this is to be carried out.
If any land is identified which is causing significant harm or there is a significant possibility of significant harm to persons or controlled waters or other specific receptors, then the land will be designated as contaminated land. If the site is not remediated ('cleaned up') by the appropriate person, that is the person causing the pollution or the owner of the site, then a remediation notice may be served to ensure remediation is undertaken. A public register will be kept of all contaminated land sites where a remediation notice has been served.
At present, no land in the borough has been identified as contaminated land under the legislation. The absence of an entry on the register does not guarantee that the land is free from contamination.
https://www.gov.uk/contaminated-land/dealing-with-contamination
Contaminated land
Information request on potentially contaminated land
The Council holds a variety of environmental records related to potential contamination and historic land uses within the borough. You can request a standard Environmental Search for a specific site.
The standard charge for an Environmental Search Report can be found on Council website. This sum is payable by online or over the phone to North Warwickshire Borough Council. Details of how to make the payment will be included in a response to the enquiry.
Once payment is confirmed, the information is provided in a report, available only in electronic format, within 10 working days.
For more information, please email the Council:
Environmentalhealth@northwarks.gov.uk
Contaminated Land Strategy
To fulfil the legislative obligations, Local Authorities have published Contaminated Land Strategies. The main objectives of the Strategy were to:
- Identify and record all sensitive receptors;
- Identify and record sites that have the potential to be 'contaminated';
- Assess whether a pathway exists between the potential source and receptor; and
- If a potential pathway exists, carry out a further detailed inspection of the site.
The legislative framework for the management of contaminated land is provided by:
- Part II A of the Environmental Protection Act 1990.
- Contaminated Land (England) Regulations 2000.
Under this framework, North Warwickshire Borough Council (as an enforcing authority) has certain obligations. These are to:
- Inspect the district and identify any contaminated land;
- Establish responsibility for the remediation of contaminated land;
- Ensure any necessary remediation takes place, either by agreement or enforcement action; and
- Determine liability for the cost of any remediation.
North Warwickshire Borough Council’s Contaminated Land Inspection Strategy and updates can be viewed online.
If you have concerns relating to contamination of land please contact us via our pollution control online form.
Contaminated land management
The Council manages contaminated land through the planning and development process. It may apply when a site has a development proposal that requires planning approval. If it is believed that a site may be 'contaminated':
then further information will be requested including a site investigation if required.
North Warwickshire’s Environmental Protection department have planning guidance for developers.
Following the site investigation, if the site is 'contaminated'. The Council may need the implementation of works to ensure that the site will be fit for use.
Last updated Thursday, 14th September 2023
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