Statutory Guidance has been issued to local authorities to take a "strategic approach" to inspect its land for the purpose of identifying contaminated land (Section 78B of the Environmental Protection Act 1990). For the definition of Contaminated Land please visit the DEFRA or Environment Agency website via the relevant links.
Through this guidance, the Council is required to publish a strategy setting out how it will undertake the inspection of land within its district. This strategy details how the Council will take a rational, ordered and efficient approach to this inspection. The initial Contaminated Land Strategy for Ashfield District Council was published in July 2001. A revised version of the strategy was published in 2007. A copy of the strategy can be downloaded from the documents section. Any questions or general comments relating to this document would be welcomed.
This inspection is a significant responsibility which extends existing local authority duties under the Environmental Protection Act (statutory nuisance) and Town & Country Planning Act (development control). The main duties include:
- To cause the area of the local authority to be inspected.
- To identify all potentially contaminated sites.
- To determine whether any particular site is Contaminated Land.
- To determine whether any such land should be designated as being a Special Site (whereby the Environment Agency become the enforcing authority)
- To act as enforcing authority for Contaminated Land not designated as being a Special Site.
Ashfield District Council's priorities in dealing with Contaminated Land are:
- Protection of human health
- Protection of controlled waters
- Protection of designated ecosystems
- Prevention of damage to property
- Prevention of further land contamination
- To encourage voluntary remediation in preference to taking formal enforcement action.
- To encourage the beneficial re-use of brownfield sites.
In addition, each local authority is required to hold a register of all land within their districts which has been determined as being Contaminated Land.
For more information please contact the Environmental Protection team.