Land contamination

There is a legal framework in England to tackle the legacy of contaminated land left as a consequence of previous industrial development.  It requires local authorities to have a written strategy for handling issues relating to contaminated land in their areas.

Environmental Protection has been involved in the assessment and inspection of land likely to have been contaminated over the years.

This included contact with other council services, landowners, householders and various bodies. Currently land is assessed entirely through the planning process.

The long term aim is to ensure that all land within the Royal Borough is suitable for use.  The Councils Contaminated Land Strategy will be updated and be available to view or download in 2026.

The council will always actively seek voluntary remediation of contaminated land sites, by the persons responsible for the land, wherever possible. 

It should be noted that on many occasions, land may be found to contain contamination simply because anything undesirable can be called "contamination". But contaminated land is specifically defined in the legal framework and if it doesn't meet that definition, we are unable to take any action.

We are legally required to keep a Contaminated land Register that can be accessed by the public. 

There are no sites within the Royal Borough which are on this register.

The Planning Regime

Contamination is a material consideration under the Town and Country Planning Act 1990 and the planning regime remains the primary mechanism for dealing with contaminated land. 

In accordance with the National Planning Policy Framework (Rev December 2023), Paragraphs 183 details the requirements for addressing potential contamination in the development control process to ensure the site is suitable for its proposed use.

The planning regime addresses the risks in relation to future use of land and where a site is affected by contamination or land stability issues. The responsibility for securing a safe development rest with the developer and or landowner.

Planning policies and decisions should ensure that a site is suitable for its new use and that after remediation, as a minimum, land should not be capable of being determined as contaminated land under Part 2A of the Environmental Protection Act 1990.

Where necessary, we will use conditional approval on planning consents. 

This requires the developer and or landowner to follow a staged process of risk assessment to demonstrate that contamination has been effectively considered and dealt with in accordance with legislation, current guidance, and good practice to demonstrate that the development is suitable for its new intended use.

For consistency in the planning process, Regional Technical Guidance for Developers, Landowners, and Consultants has been adopted (Yorkshire and Lincolnshire Advisory Group, July 2023).

This outlines the phases of investigation and risk assessment, and what should be included in the reports.

• Phase 1 - Desktop Study, Site Walkover and Sampling Strategy or Screening Assessment.
• Phase 2 - Site Investigation and Risk Assessment.
• Phase 3 - Remediation and Verification Strategy.
• Phase 4 - Verification and Completion Report.

Building Regulations

The Building Regulations 2010 Part C, C1. (2) and approved Document C, Site Preparation and Resistance to Contaminants and Moisture (2004 edition), contain specific requirements regarding contamination and landfill gas issues. 

These require measures to be taken to protect new buildings, and their future occupants, from the effects of contamination, including hazardous ground gases.

Water Resources Act

The Water Resources Act 1991 provides the Environment Agency with powers to take action to prevent or remedy the pollution of controlled waters. 

The Act is particularly useful in cases where there is historic pollution of groundwater, but where the Part 2A regime cannot be applied, for example, where pollutants are entirely contained within the relevant body of groundwater or where the source site cannot be identified.

Environmental Damage Regulations 2015

The Environmental Damage (Prevention and Remediation) Regulations 2015 provide additional enforcement powers for the prevention and regulation of land contamination. 

These can be applied to allow a rapid reactive resolution to land contamination caused by a pollution incident. The regulations define environmental damage as damage to:

• (a) protected species or natural habitats, or sites of Special Scientific Interest (SSSI's).
• (b) surface water or groundwater with a deterioration in the water's statute.
• (c) contamination of land that results in a significant risk of adverse effects on human health.

The Environment Agency, Natural England, Local Authorities, and the Secretary of State are the enforcing authorities responsible for administering and enforcing the regulations in England and Wales, depending on the type of damage involved. 

The enforcing authority must establish whether damage is 'environmental damage' and identify a responsible operator to serve a remediation notice taking account of any measures proposed by the operator.

Environmental Search

We offer a service to prospective house buyers/sellers and other interested parties to supply site-specific information related to land contamination in the Royal Borough of Windsor and Maidenhead area. 

The standard environmental search will include a search of our records for information about contamination on the site and for past uses that may have involved contaminative processes.

We currently charge £200 for commercial searches.

Pay for Land contamination environmental search

(Fees as at April 2026)