Wealden District Council

How we deal with land contamination

We can deal with land contamination under a number of different ways:

  • Part2A of the Environmental Protection Act 1990
  • Statutory Nuisance provisions of the Environmental Protection Act 1990
  • Environmental Damage (Prevention and Remediation) Regulations 2015
  • The Planning Process

The majority of potentially contaminated land sites are remediated as part of the planning process (i.e. during redevelopment activities).

Planning and land contamination

In accordance with the National Planning Policy Framework (2010) (external link), land contamination is a material consideration in determining planning applications.

We are consulted on all planning applications where there is the possibility of land contamination being present.

Examples of land uses that may have caused contamination include petrol stations, garages and haulage depots, mineral extraction plants (sand and gravel works), ex army camps, factories, scrap yards, known or suspected landfill sites or historic fuel storage facilities.

What will happen if we find or suspect that the planning application land could be contaminated due to its current or historic use?

As part of the planning process we will make recommendations to the planning department that conditions requiring a site assessment are applied to the planning permission. Sometimes, an informative note is recommended where it is deemed more appropriate than a condition.

We will then work with the planning department and the developer to ensure any site investigation and/or remediation is carried out properly to make the development safe for its new use, before the relevant planning conditions can be discharged.

Contact Rother and Wealden Environmental Health Service