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Land affected by contamination

Developing brownfield land is an opportunity to recycle land, clean-up contaminated sites and help environmental, social and economic regeneration.

Land contamination is a material planning consideration. The Government's Planning Policy Statement 23 (PPS23): Planning and pollution control advises you to submit enough information with your planning application to determine the risks from contamination. It states that you must also prove to the local planning authority that there is a realistic option for treating the site.

Before you submit your application consult the local authority and us. We support them in imposing conditions to make sure contamination is dealt with to protect the environment and provide a site suitable for the proposed use.

Brownfield land

The redevelopment of brownfield land is subject to complex legislation that controls:

  • the permissions you need, and
  • how the development must proceed.

It is important to be aware that brownfield land is not necessarily contaminated. If there are waste management licensing implications or watercourses at risk, talk to the local Environment Agency office to make sure you:

  • understand your legal obligations
  • avoid significant delays or unworkable plans.

Assessing the risk

In the UK, investigating and treating land affected by contamination is based on a risk assessment framework. This is set out in the publications:

There are numerous other guidance documents and technical reports that support this framework.

Non-landfill solutions to remediation may include on-site treatment. This involves techniques such as:

  • soil washing
  • bioremediation
  • permeable barriers, and
  • soil solidification and stabilisation.

However, in addition to dealing with the source or the pathway, pollutant linkages can equally be broken by dealing with the receptor, such as the proposed use of a site or its layout.

The national target for developing brownfield land for housing is currently 72 per cent. Changes in legislation, for example the Landfill Directive, have significantly increased the cost of disposing of contaminated soils making 'dig-and-dump' no longer an easy or cheap option.

You should work with the local authority and us to make sure any risk of contamination to watercourses are continually addressed. Where the risks are significant, we may choose to provide site-specific advice or comments. You should take precautions to protect controlled waters throughout the development process.

We have improved our mobile plant licensing system to help operators redevelop brownfield land in a more economic and timely way, and without compromising the environment. Speak to the local Environment Agency office to make sure you are aware of the changes and how they affect you.

Technical terms

  • Receptor: In general terms, something that could be adversely affected by a contaminant. For example, people, an ecological system, property or a water body.
  • Pathway: The route or means a contaminant could take to expose or affect a receptor.
  • Pollutant: The relationship between a contaminant pathway and receptor.