Contaminated land

Contaminated land guidance

North Northamptonshire, like many parts of the UK, has a rich industrial heritage from ironstone quarrying to heavy industry which, while essential to regional development, has left a legacy of potential contamination at many sites.  

This is not unique to North Northamptonshire. Across England, former industrial areas are being reassessed to ensure they meet modern environmental standards.

Our Environmental Protection team works to ensure these risks are appropriately identified, assessed, and managed in line with Part IIA of the Environmental Protection Act 1990 and planning legislation. 

Contaminated land

Contaminated land is legally defined under Part IIA of the Environmental Protection Act 1990.

It refers to land where substances in, on, or under the ground are causing or could cause:

• significant harm to human health
  
  or 
   
• significant pollution of controlled waters (like rivers, lakes, or groundwater)

To officially designate a site as contaminated land, there must be a complete pollutant linkage. This means a clear connection between the following:  

If one of this chain is missing, the land is not legally classed as contaminated land under the act, even if contaminants are present.

Council powers

Under Part IIA of the Environmental Protection Act 1990, we have statutory duties to identify and investigate contaminated land within its area and ensure that appropriate remediation takes place.

The council also plays a significant role in the planning process, reviewing and conditioning developments where land contamination is a concern.

Identifying contaminated land

Land is identified through:

• historic land use reviews (e.g. former industrial sites, landfills)
• planning applications
• environmental complaints
• data provided by statutory bodies (e.g. the Environment Agency)

Council officers may carry out walkovers, desktop studies, and risk screening using Geographic Information Systems (GIS) layers and public records. 

Testing land for contamination

Both the council and the Environment Agency have the power to test land for contamination under Part IIA of the Environmental Protection Act 1990.

We can initiate investigations where there is reasonable cause to suspect contamination that poses a risk to human health or the environment.

Suspected contamination (public and private land)

Where land contamination is suspected, we have legal powers under Part IIA of the Environmental Protection Act 1990 to require access for environmental investigations (even if the land is privately owned)

We follow a risk-based and proportionate approach: 

• we do not routinely carry out intrusive site investigations on all sites of concern
• our first step is always to review available desk-based information (e.g. historic land use, geology, groundwater vulnerability) which can be very effective in determining whether there is a credible pollutant linkage (Source, Pathway, Receptor)
• if early assessments suggest further investigation is justified, we will open dialogue with landowners and, where applicable, known polluters to explore next steps
• in many cases, landowners or developers commission their own investigations, particularly where planning applications or due diligence processes require this

This staged approach ensures investigations are targeted, evidence-led, and cost-effective (while upholding our statutory duties and avoiding undue burden on the public or landowners). 

Powers over landowners

We have the power over a landowner to carry out tests.

Under Part IIA of the Environmental Protection Act 1990, we have legal powers to investigate potentially contaminated land.

If voluntary access is denied, we can serve a statutory notice to secure access for testing.

In practice, our first step is usually to engage with the landowner and request that they carry out appropriate investigations themselves, particularly if they have an active role in the use, ownership, or development of the land.

This is in line with the 'polluter pays' principle and promotes collaborative risk management. 

Formal powers are typically reserved for situations where: 

• the landowner is uncooperative
  
  or
   
• there is imminent risk to human health or the environment, and urgent access is necessary. 

This approach balances our enforcement responsibilities with fairness, proportionality and cost-efficiency. 

If my land is determined to be contaminated

If a site is formally determined under Part IIA of the Environmental Protection Act 1990, the council will seek to identify the responsible party (e.g. original polluter or current owner).

A remediation notice may be issued, or a voluntary remediation plan agreed. Remediation must ensure the land no longer poses a significant risk. 

Land formerly used for industry

North Northamptonshire Council adopts a reasonable, phased and risk-based approach in line with statutory guidance and our published Contaminated Land Strategy. 

We assess risk using: 

• historical land use records
• environmental datasets
• planning application details (where applicable)

This typically involves: 

Roles and responsibilities: 

• The council leads on risk identification under Part IIA but also provides regulatory input via the planning (development control) process
• landowners and developers are generally expected to commission their own investigations when developing land, or where previous industrial use is known or suspected
• the council uses planning conditions to ensure that land is safely investigated and, where necessary, remediated before development proceeds 

Our approach is proportionate to the level of risk and prioritised based on harm to human health, controlled waters, or the wider environment. 

Planning applications on potentially contaminated land

We are required to consider contamination as a material planning consideration.

Planning conditions are applied to ensure that:

• adequate site investigation
• risk assessment
• remediation
• validation 

occur prior to development.

Our Environmental Protection team reviews all relevant planning applications. 

North Northamptonshire's geology and contamination

North Northamptonshire lies on Jurassic sedimentary rocks, including ironstone, limestone and clay.

These geological formations have shaped both the industrial legacy of the region and its environmental risks. 

Together, this means that any new development or land use change needs to consider both the man-made and natural contamination risks, especially where groundwater could act as a pathway to expose people or the environment. 

Corby ‘Toxic Town’ case

The Corby case refers to the remediation works carried out by the former Corby Borough Council between 1985 and 1997 at the site of a former steelworks. During this period, contaminated soils were moved as part of a regeneration programme without sufficient environmental safeguards. These actions later became the subject of significant legal proceedings.

North Northamptonshire Council now implements a robust Contaminated Land Strategy, follows a phased risk-based approach to assessment and investigation, and ensures tight controls are embedded into planning processes.

All developments on potentially contaminated land are subject to appropriate planning conditions, regulatory review, and statutory consultation with the Environment Agency (where applicable). 

Accessing information

We maintain records of determined sites and a Contaminated Land Register is available.

Some data may be restricted under GDPR or DEFRA guidance.

Environmental Information Requests (EIRs) can be submitted for detailed enquiries.

Suspecting land is contaminated

If you believe a piece of land may be contaminated, you can contact our Environmental Protection team with your concerns by emailing [email protected].

In response, we will typically begin by reviewing existing historical and environmental information to assess any potential pollutant linkages.

This initial study may include a review of:

• historic mapping
• previous land uses
• local geology
• hydrology
• any available environmental reports. 

We do not routinely undertake sampling at this stage. 

Where a credible risk is identified, and further investigation is justified, we would normally contact the landowner or other responsible parties to request further information, or investigation in line with regulatory guidance.

Formal site investigations by the council are only considered in exceptional cases and typically require significant supporting evidence.

Remediating contaminated land responsibility

Responsibility lies with the ‘appropriate person’, typically the polluter (Class A person-any individual, company or organisation that caused or knowingly permitted the contamination of the land). 

Alternatively, if they cannot be found, the current landowner (Class B person-the current owner or occupier of the land if no Class A person can be found or held liable).

In some cases, the council may step in and seek to recover costs later. 

Businesses or developers vs homeowners

All parties have a duty of care, but developers are typically required to carry out full risk assessments and implement remediation through planning.

Homeowners may only be liable if they knowingly cause or permit contamination. 

Testing brooks or streams for contaminants

Under the Water Framework Directive (WFD) and the Environmental Permitting Regulations 2016, the Environment Agency is the designated lead authority for: 

• monitoring environmental quality of surface water and groundwater
• enforcing Environmental Quality Standards (EQS)
• managing permits for discharges to controlled waters
• preventing deterioration of aquatic environments and protecting regulated aquaculture 

Water Framework Directive standards are set to protect water environments, not public health directly.

The Environment Agency conducts sampling to monitor environmental conditions, which may include: 

• river and coastal water quality (e.g. chemicals, sewage indicators, ecological status)
• bathing water testing (e.g. E. coli, intestinal enterococci)
• pollution incidents (e.g. chemical spills, discharges)
• groundwater and drinking water sources
• air quality from industrial activities (indirectly supporting environmental and public health objectives) 

North Northamptonshire Council does not routinely test surface waters. The council’s Environmental Health and Public Health teams may only become involved where there is credible evidence of a potential public health risk, such as:

• reported illness linked to water exposure
• confirmed pollution incidents
  
  or
   
• substantiated complaints indicating possible human exposure

Any involvement by North Northamptonshire Council is exceptional, risk-based, and supplementary - not part of routine environmental monitoring. 

Acting on adverse results

The Environment Agency is the primary authority responsible for regulating and addressing environmental contamination in controlled waters.  

Where test results suggest a potential public health risk, our Environmental Health and Public Health teams may become involved. We may also request specialist support from the UK Health Security Agency (UKHSA).

Our role focuses on: 

• assessing the public health implications
• advising the public where appropriate
• escalating for enforcement or remediation if evidence indicates a genuine health concern 

Our involvement is contingent upon credible health risk evidence and does not include routine environmental monitoring.

Environment Agency responsibility

The Environment Agency is the primary authority for:

• regulating and advising on environmental impacts on controlled waters
• enforcing Environmental Quality Standards
• issuing permits for discharges (under frameworks such as the Water Framework Directive, Environmental Permitting Regulations 2016, and the Environment Act 2021)

North Northamptonshire Council is the lead authority for contaminated land regulation under Part IIA of the Environmental Protection Act 1990, except where the land is designated as a special site, in which case the Environment Agency becomes the enforcing authority.

A ‘Special Site’ under Part IIA of the Environmental Protection Act 1990 is a category of contaminated land for which the Environment Agency, not the council, becomes the enforcing authority. These are sites where the nature of contamination is considered of national importance or falls under specific regulatory triggers.

Further guidance

• Contaminated land strategy for our statutory approach to land contamination and risk-based assessment.
• GOV.UK for national guidance on Part IIA, planning policy, and environmental standards:
  • Environmental Protection Act 1990: Part 2A - Contaminated Land Statutory Guidance
  • Land affected by contamination
  • Land contamination - technical guidance
  • National Planning Policy Framework
• Environmental Agency for queries on water pollution, special sites, or environmental permitting:
  • Discharges to surface water and groundwater: environmental permits
  • Water Regulation

Last updated 04 March 2026