Contaminated Land

Local Authorities in England and Wales are responsible for identifying, determining and enforcing remediation of contaminated land within their areas.

Each local authority must have a strategy for investigating land within their area to determine whether there is a risk of that land being contaminated. Then a risk assessment is done so that further work can be prioritised.

The risk score depends on:

• the previous land use
• any works done to clean the land in the past 
• the current land use
• the likelihood of sensitive receptors being affected by pollutants

You can follow these links to download Pendle Borough Council's Contaminated Land Strategy and Policy for Investigation and Enforcement.

When land is being developed through the planning process, the Environmental Health Services Department will assess the planning application and where appropriate request that a condition is included in any grant of planning permission. This will require the developer to carry out remediation works to ensure the land is suitable for the proposed use.

Some developers will sell properties before the contaminated land condition has been fulfilled, so if you are buying a new property ask your solicitor to check that any Contaminated Land Planning Condition has been discharged before you buy.

To help them through the planning process we have produced Guidance for Developers on Contaminated Land.

When buying a property you can have an Environmental Search carried out. Your solicitor can write to the Council requesting information on previous land use for your property and the surrounding area. The Environmental Health Services Department charges a nominal fee for this information, usually £50-£100.

For further information please contact Environmental Health Services on 01282 661199 or email environmental.health@pendle.gov.uk.