Land pollution

How do I report land pollution?

Report land pollution

Can I complain about rubbish and other waste in someone's garden or on private land?

What happens next:

Does the council inspect contaminated land?

We have a duty to identify and inspect land which may be contaminated, for example, due to some previous industrial use, and decide whether it is suitable for its current use. For some plots of land, this may only need a brief study to be done, but for other sites it may require a more detailed assessment and testing to be carried out. 

Due to the large number of potentially contaminated sites, our inspection strategy will focus on the top priority sites where there is the greatest risk to public health and the environment. 

You can view our latest contaminated land inspection strategy:

Contaminated Land Inspection Strategy (701kb)

The public register for contaminated land lists those sites which have been formally determined as part of this inspection process, and where remediation action has been carried out.  

Who is responsible for cleaning up contaminated land?

Will the council test the soil at my property?

We will only undertake routine soil sampling as part of our duties for investigating contaminated land, and this will be done in accordance with our inspection strategy.  

We will not undertake sampling upon request unless there is a reason to suspect there could be a significant risk from contamination.

If you wish to engage a contaminated land specialist to investigate your property, you can search the following online directories for contaminated land consultants and contractors, or use other local directories and internet searches:

• ENDS directory of environmental website 
  
• AGS directory of geoenvironmental specialists website 

We cannot make any specific recommendations, but you are advised to discuss your requirements before commissioning a company, to check that they are competent and suitably qualified to carry out the work.  You are also advised to get more than one quote for comparison.

Can you provide environmental information for a property search?

Yes, information can be provided for individual properties or larger areas of land.  

We offer two types of information services:

• An 'environmental enquiry report' on land contamination issues 
  
• Other information about pollution

Please note:  these information services do not cover wildlife and conservation or coastline issues. 

You can access information about flood risk on the Environment Agency website and information on land-use designations and protected sites on the Defra MAGIC interactive map website.

How do I prevent pollution from my oil or fuel storage tank?

Any oil storage, such as tanks containing heating oil, diesel and waste oil, should be routinely checked and maintained to avoid the risk of causing pollution, through leaks and spills.  For larger oil storage on commercial sites, the tank may also need to comply with the Oil Storage Regulations.  It is always a good idea to keep your domestic heating oil tank in good condition, and ideally it should be properly bunded (contained within a sealed area or unit), so that in the event of a leak, the oil will not soak away into the ground. Autumn is a good time to check your oil tank and the Environment Agency provide useful advice for homeowners:

GOV.UK - Now's the time to check your oil tank website 

Oil leaks can cause a great deal of damage to your property and the wider environment and can be very costly to clean up. As the owner you may be liable and even face prosecution if the oil pollutes groundwater or a nearby river. You may wish to check with your home or business insurance policy to make sure you are covered for such incidents.

The Environment Agency has produced further guidance on oil storage in the following leaflets:

Oil storage advice leaflet (205kb)

Pollution Prevention Guidelines (274kb)

A list of accredited contractors who can give specialist advice and assistance for cleaning up oil and chemical spillages is available from the UK Spill Association:

UK Spill contractors website

Who regulates landfills and other waste sites?

The Environment Agency regulate most waste management activities, and you are advised to contact them for specific advice on 03708 506 506. Burying or disposing of waste without the correct permit is generally not allowed, however some activities are exempt. 

Read more about operating a landfill site on the GOV.UK website 

Failure to notify the Environment Agency or obtain the correct waste permit may result in enforcement action. Also if the waste leads to pollution of land or water the operator may be liable for the cost of cleaning this up.  It is likely that any new waste activity will require planning permission.

You can find out about landfill sites and other potentially contaminated land in your local area by using our environmental enquiry service.

What about businesses who might be causing environmental damage?

We have powers under the environmental damage regulations to take enforcement action against businesses who have caused serious harm to the environment, for example due to a fuel leak or chemical release.  We also regulate industry through environmental permits.

Read more about the environmental damage regulations on the GOV.UK website.

What is radon and how do I know if my property is affected?

Radon is a naturally occurring radioactive gas which enters buildings from the ground, and can cause lung cancer.  Buildings in some areas may have a higher probability of being affected by radon, due to the geology of the area, but even in these areas most homes have low levels of radon.

Current building regulations mean that new buildings in radon-affected areas may need protection measures. 

Read more about radon affected areas on the UK radon website 

Do I need to do a contamination assessment as part of my planning application?

Where development is proposed on a site that is

• known to be contaminated, or
  
• where contamination is likely to be present because of its existing or previous use (see the council’s environmental enquiry service ), and/or
• where a use is proposed that is particularly vulnerable to contamination (for example, housing).

a land contamination assessment must be submitted with the planning application.  A lack of sufficient information with your application may lead to delays. 

For small scale residential development on land with no previous industrial use, this screening assessment should be submitted with your planning application:

Screening assessment form for land affected by contamination (44kb)

Further guidance on what previous uses may have caused contamination and what information is required through the planning process is available in the following document:

YALPAG Technical Guidance - Development on land affected by contamination (1mb)

Where a site is affected by contamination, the responsibility for securing a safe development rests with the developer and/or landowner.  However, it is strongly recommended that you seek appropriate professional advice if you intend to develop land which may be affected by contamination. 

An adequate site investigation must be undertaken by competent persons (with a recognised relevant qualification, sufficient relevant experience and membership of a relevant professional body). 

You can search for contaminated land specialists using the following online directories:

ENDS directory of environmental consultants website

AGS directory of geoenvironmental specialists website

What other guidance is available for developing land where contamination may be a problem?

In addition to the planning guidance document above, there is technical guidance available on verification requirements for cover systems and gas protection systems, which are often used to remediate contaminated sites when they are redeveloped:

YALPAG Technical Guidance - Verification requirements for cover systems (1.7mb)

YALPAG Technical Guidance - Verification requirements for gas protection systems (4.4mb)

Further advice and guidance on assessing and remediating contaminated land is available on the GOV.UK website:

GOV.UK - Land contamination: risk management website

The government's National Planning Policy Framework sets out the broad objectives and requirements of the planning system, including policies for land contamination: 

Read more about the National planning policy framework on the GOV.UK website

There is also National planning practice guidance on land affected by contamination on the GOV.UK website