About land quality

Land quality refers to the extent to which land is free from contamination and therefore suitable for a particular use. Historic industrial processes have often had damaging effects on land quality and are still responsible for many existing contaminated sites in the UK today.

Since there is a growing pressure to redevelop former industrial sites (e.g. landfill sites, factories) assessing the risks to human health and the natural environment from historic contamination has become increasingly important.

Who is responsible

If a site is to be developed through the planning process, any potential contamination issues are dealt with under the Town and Country Planning Act.

It is the developer's responsibility to make sure the land is suitable for its proposed use. We advise developers on potential contamination issues throughout the planning process. Further information is available on our Land quality and planning applications page.

Where land is not being developed through the planning process, we investigate, through Part 2A of the Environmental Protection Act 1990, whether the land fits the definition of contaminated land due to historic contamination. If a site falls within this definition, we have a duty to require that it is remediated in line with the suitable for use approach. 

The Environment Agency becomes involved where there is a risk from contamination to controlled waters.

Land Quality Strategy

We are the main regulators for land quality and have published our Land Quality Strategy for inspecting land.

Contaminated Land Register

We maintain a Public Contaminated Land Register in accordance with the legal requirements. There are currently no entries in our Contaminated Land Register.

Please note that the register does not include details of sites that have been remediated through the planning process.

Land quality inspections

Where land is not being developed through the planning process, and unacceptable risks may be present as a result of historic contamination, we may initiate our own investigation of the land. This is known as an investigation through Part 2A of the Environmental Protection Act 1990. The purpose of the investigation will be to determine whether the site fits the definition of contaminated land contained within the legislation:

Any land which appears to the local authority in whose area the land 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) pollution of controlled waters is being, or is likely to be, caused.

If a site falls within this definition, we have a duty to require that it is remediated in line with the 'suitable for use' approach. The regime also provides detailed rules for assigning liabilities for contaminated land, based on the 'polluter pays' principle.