Contaminated Land Strategy 2026

1. Introduction

A Contaminated Land Straegy is required under the provisions of the Environmental Protection Act 1990 Section 78B.

1.1 Background

There is a substantial legacy of contaminated land in the United Kingdom, due to its long industrial heritage and historically poorly managed waste disposal practices. Although there are now various regimes in place to prevent new contamination occurring, the historic contamination which remains in the environment retains the potential to adversely affect people’s health, damage quality of our waters, ecological systems and property.

Where land is identified as unsuitable for its current use on the basis of actual harm or significant risk from contamination, the local authority has a responsibility to intervene and ensure that those risks are properly reduced to an acceptable level. This strategy sets out how Cherwell District Council (the Council) intends to go about this process. It replaces the Council’s previous Contaminated Land Inspection Strategy published in 2007. 

1.2 Aims and Objectives

The Council originally published its Contaminated Land Strategy in 2001. The aim of the strategy is to set out in writing how the Council intends to implement its obligations under Part 2A of the Environmental Protection Act 1990. In accordance with statutory guidance issued in April 2012 local authorities should adopt a strategic approach when inspecting their areas and this should:

a) be rational, ordered and efficient;

b) be proportionate to the seriousness of any actual or potential risk;

c) seek to ensure that the most pressing and serious problems are located first;

d) ensure that resources are concentrated on investigating in areas where the authority is most likely to identify contaminated land; and 

e) ensure that the local authority efficiently identifies requirements for the detailed inspection of particular areas of land.

The principal objectives of the inspection strategy are: 

a) to meet the statutory obligation placed on the Council to produce a written strategy under Part IIA;

b) to provide a strategic framework which the Council will use to identify, inspect and determine contaminated land, and describe the measures that may be taken to remediate such land; 

c) to describe how the Council will prioritise which sites it will consider first;  

d) to inform the public, and improve communication with stakeholders, of the Council’s intentions in relation to contaminated land; 

e) to ensure that the Council’s corporate priorities and ambitions will be achieved by adopting this strategy.

This document updates the original strategy, itself updated in 2007, to align it with changes in legislation and planning practice since that time.

The contaminated land regime complements the planning system. This Strategy is aimed at those sites where there is no imminent prospect of the site being addressed via the planning system. The regime aims to render land suitable for its existing or any proposed use.

1.3 Strategic Planning

The Council formally adopted the Cherwell Local Plan 2011-2031 on 20 July 2015. The Councils Executive approved the 2022 Regulation 10A Review of the Local Plan 2011-2031 Part 1 on 6 February 2023.

The Plan provides the strategic planning policy framework for the District including housing needs. Although some of this housing need will be made by development on “greenfield land” there will be development opportunities utilising previously developed (brownfield) land. Some, but not all, brownfield and greenfield sites may be contaminated. Development will see this contamination dealt with under the planning control regime. In fact, it is envisaged that most contaminated land remediation will continue to be dealt with using ‘land quality’ planning conditions and informatives.

The contaminated land regime complements the planning system. This Strategy is aimed at those sites where there is no imminent prospect of the site being addressed via the planning system. The regime aims to render land suitable for its existing or any proposed use

1.4 Enforcement

In accordance with the Council’s Enforcement Policy, securing voluntary remediation is always a preferred option to taking formal enforcement action. The Council will assist in this process wherever possible by providing guidance, support and advice as necessary. Where a successful outcome is not reached voluntarily, or the timescale of a successful outcome is unacceptable, the Council will resort to enforcement action in accordance with those powers conferred to it by primary legislation, such as in relation to powers of entry, as described below.

For the purposes of identifying contaminated land, the Council are granted powers of entry to allow inspection of land, by section 108 of the Environment Act 1995. Any person authorised in writing by the Council may enter any premises at any reasonable time to make any examination or investigation as may be necessary and take samples or in the vicinity of the premises.

Where entry to premises is refused or, where the Council have reasonable grounds to believe that entry is likely to be refused or that force may be necessary to effect entry, then the Council may gain entry under the authority of a warrant issued by a magistrate. In all cases the Council will normally consult with the occupier prior to entry on to the premises.

In an emergency, the Council may exercise its powers of entry forthwith. For this purpose, a case may be considered an emergency if it appears to the Council that:

• there is an immediate risk of serious pollution of the environment or of serious harm to human health; or
• circumstances exist which are likely to endanger life or health.

If individuals or companies obstruct officers or are not forthcoming with requested information, an application for a warrant may be made to allow officers to act effectively. The warrant will be used to facilitate Council Officers entry onto a site or residential premises for inspection purposes.

Remediation: the Council has a duty to serve a remediation notice on the appropriate person(s) where the clean-up of a site has not been secured on a voluntary basis or where no agreement is reached in relation to remediation action.

Where enforcement action is taken, the Council follows the following four key principles:

• Transparency: we will aim to ensure that the nature of, and reasons for, enforcement action taken by the Council are explained in a clear manner.
• Fairness and objectivity: we will treat everyone equally and fairly and will ensure that decisions are not influenced by the colour, race, nationality, ethnic or national origin, gender, religion, marital status, age, sexual orientation or disability of the offender, complainant or witness.
• Proportionality: we will aim to ensure that any action taken relates directly to the actual or potential risk to health, safety, welfare or the environment.
• Consistency: we will take consistent action to ensure that similar issues are dealt with in a similar way.

1.5 Summary of roles and responsibilities

* CDC oversees the reports provided by developers and contractors rather than carrying out testing themselves.