Contaminated Land

What is contaminated land?

Part 2A of the 1990 Act defines “contaminated land”, and provides for the Secretary of State to issue guidance on how local authorities should determine which land is contaminated land and which is not.

Section 78A(2): “contaminated land” is 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 – (a) significant harm is being caused or there is a significant possibility of such harm being caused; or (b) significant pollution of controlled waters is being caused, or there is a significant possibility of such pollution being caused.

 

Land that has been polluted or contaminated will not necessarily fall within the above legal definition of contaminated land; most sites will be assessed and investigated as part of the Planning process.

What is the role of the local authority?

The primary regulatory role under Part 2A of the Environmental Protection Act 1990 rests with the Local Authority, reflecting existing functions under the Statutory Nuisance Regime and complementing their role as the Local Planning Authority. The statutory duties of the Local Authority under the Part 2A regime are:

  • to prepare a strategy for inspection of their area;
  • to inspect the Borough where possible to identify contaminated land;
  • to determining whether any land meets the definition of Contaminated Land under Part 2A of the Environmental Protection Act 1990;
  • where the Agency carries out an inspection on behalf of the Council, the inspection duty and the decision as to whether land is Contaminated Land, remain the sole responsibility of the Council;
  • to act as enforcing authority for all contaminated land which is not designated as a “Special Site”, for which the Environment Agency will be the enforcing authority;
  • to maintain a public register of sites for which a remediation notice has been served, or where a remediation statement or declaration has been published;

Public Register

There are three sites in Slough that have been determined as contaminated land:

Upton Court Park, Bunds (Area A) 
Upton Court Park, Areas D, E, F & G
Former Gas Works, Colnbrook C of E School, High Street, Colnbrook

Remediation Register

Remediation works have been carried out at:

Former Gas Works, Colnbrook C of E School, High Street, Colnbrook 
Upton Court Park, Upton Court Road, Slough

Land development

The developer's guide has been issued to assist developers, agents and consultants involved in the development of land that may be contaminated as a result of historical land use.

General Development Guidance Developer’s Guide Part 4 

Information request on potentially contaminated land

The council holds significant environmental records. both in hard copies and electronic format, regarding potential contamination within the borough. The Environmental Quality Team offers a standard Environmental Search for sites, which includes a search of our databases, records and GIS system and providing a response to a maximum of five standard questions. Information is provided in a report, and is available in various formats. 

The standard charge for an Environmental Search report is £180, payable by cheque to Slough Borough Council. Fees for more detailed searches are charged by the hour on a case by case basis. For more information please email the Contaminated Land Officer: environmentalquality@slough.gov.uk or call 01753 875810.