Contaminated land

We have a duty to inspect potentially contaminated land in the borough.

Our borough’s industrial legacy is less than in many urban areas. However, land may still be affected by contamination as a result of:

  • historical use
  • industrial processes
  • waste disposal
  • accidental spillages

Land contamination can pose risks to human health, controlled waters and the wider environment if not dealt with adequately.

Determining what is contaminated land

Contaminated land is defined in Part 2A of the Environmental Protection Act 1990 - legislation.gov.uk as 'any land which appears to the Local Authority in whose area it is situated to be in such a condition, by reason of substances in, on or under the land that:

a) significant harm is being caused or there is a significant possibility of such harm being caused; or
b) significant pollution of controlled waters is being caused or there is a significant possibility of such pollution being caused.'

For a site to be determined as contaminated land under this legislation, a significant 'pollutant linkage' (also known as a contaminant linkage) must exist. 

A pollutant linkage consists of:

  • a pollutant (the contaminant)
  • a pathway (the route for the contaminant to move along)
  • a receptor (such as a person or property)

All 3 must be linked, and the definition above must be fulfilled, for a site to be determined as contaminated land.

Our inspection responsibilities

All local authorities have a duty to inspect their land to identify where contamination is present.

This is to ensure that the appropriate person (the polluter) is made to improve the land to a standard that makes it ‘suitable for its use’.

Our Contaminated Land Inspection Strategy identifies the local arrangements for fulfilling the contaminated land inspection.

The strategy is a high-level document that sets out our commitment to dealing with land contamination in the borough for the protection of our residents and environment. The strategy was in the process of being updated, but this is on hold while the proposed local government reorganisation in Surrey is ongoing.