Slough Borough Council: What is contaminated land and what we do

What is contaminated land and what we do

What is the legal definition of contaminated land?

Contaminated land is defined in PartII A of the Environmental Protection Act 1990, and amended by the Environment Act 1995 as:

"any land which appears to the local authority whose area it is situated to be in such a condition, by reason of substances in, or under the land, that:

A. significant harm is being caused or there is a significant possibility of such harm being caused, or
B. pollution of controlled waters is being or is likely to be caused."

Not all brownfield sites are contaminated land. To be contaminated land there has to a source (i.e. lead in the soil), a pathway (i.e. ingestion of contaminated soil) and a receptor (i.e. a person). The contaminant must be at a concentration that there is the possibility that it will have adverse effects on that receptor. In reality, very few brownfield sites will actually meet the definition of contaminated land, and most will be investigated as part of a planning condition.

What is the role of the local authority?

Local authorities are responsible for carrying out the work outlined in PartII A of the above Act.

So what are they?

to prepare a strategy
to inspect the land within the council's boundaries to identify contaminated land
to ensure the remediation of any contaminated land
to assign liability based on the polluter pays principle
maintain remediation registers

The Environment Agency also has some specific duties.

How is Slough Borough Council progressing?

Slough Borough Council are required to identify areas which are currently not suitable for use. We published our Contaminated Land Strategy in May 2001. We have examined all available historical records on the area including historical maps (dating back to 1876), petroleum files, trade directories, war records, microfiche records, trade waste discharge schedules and a variety of aerial photographs. This has enabled us to pinpoint areas of former industrial use including landfills and brickfields. This data is not only vital to progress the identification of sites but also to provide background information for environmental searches and to aid in assessing planning applications. The next stage is to undertake a risk prioritisation of sites to recognise those which need further assessment. The highest priority will be given to those sites involving residential areas, allotments and of course schools. We are hoping to start this early 2004.

The Contaminated Land Strategy can be found below.

Land Contamination - Public Register of Contaminated Land

Slough Borough Council maintains a Public Register of Contaminated Land, in accordance with the requirements of the Contaminated Land Regulations (Part 2A Environmental Protection Act 1990).

The following land has been determined to be contaminated land, by Slough Borough Council:

Bunds (Area A) Upton Court Park, Slough, national grid reference approximate site centre 499030, 178647. This was determined: 23 July 2009. The Determination Notice can be found below.

Former Gas Works, Colnbrook C of E School, High Street, Colnbrook, Slough. Located within the north-western corner of the site currently occupied by Colnbrook C of E Primary School, at approximate grid reference of site centre: 502600, 177000. This was determined : 29 January 2010. The Determination Notice can be found below.

Environmental consultants

The council cannot endorse or recommend any consultants. A list can be obtained through ENDS, who produce an environmental consultancy directory. A charge may apply to obtain this information. Alternatively some consultants may be listed in the Yellow Pages.