Contaminated land in the UK has largely arisen as a result of historic industrial activities and past waste disposal practices. There are also some naturally occurring pollutants which are dealt with under contaminated land regulations.
Part 2a of the Environmental Protection Act 1990 requires details of contaminated land to be held on a public register.
For land to be declared contaminated, it must meet the statutory definition as set out by the Act.
There are currently no sites in Tamworth which have been formally identified as contaminated land.
Our responsibilities
Tamworth Borough Council has a regulatory role in controlling threats to health and the environment from land contamination.
Every local authority is required to:
- Inspect areas to identify contaminated land
- Establish responsibilities to remediate the land
- Keep a public register of regulatory action taken under part 11a of the Environment Protection Act 1990
Land contamination is mainly dealt with via:
- Planning and Development Control
- Part 2a of the Environmental Protection Act, 1990
Contaminated land and planning
To ensure safe development in Tamworth, the potential of land contamination is considered as part of planning applications, in accordance with the Town and Country Planning Act 1990. The planning process therefore plays an important role in the identification and restoration of contaminated land.
If there is a potential for contamination, such as where development is proposed on previously used ‘brownfield’ sites, appropriate recommendations will be made as part of the planning process.
Contaminated Land Strategy
Tamworth Borough Council has a Contaminated Land Strategy which sets out how we identify and deal with contaminated land in the borough. Copies can be provided on request.
Environmental search charges can be accessed via the Environmental Health Fees and Charges webpage.
Moor Lane
- Spoil of an unknown source has been used to create an improvised road across common land. A contamination assessment report was commissioned by National Grid. The reports creators Socotec, tested the land and found asbestos was identified in three of the five samples, at concentrations of 0.0065 %, 0.0012 % and <0.001 % respectively meeting the ‘hazardous waste’ threshold of the Control of Asbestos Regulations 2012.
- A planning enforcement notice was issued by TBC on 28 March 2024, as development had been completed without planning permission. The development was considered to have an adverse impact upon the landscape character and visual amenity of the open countryside.
We have advised the Environment Agency who are the enforcing authority in relation to matters of illegal waste deposit. They are currently investigating the issue and potential breaches of the Environmental Protection Act 1990. Tamworth Borough Council are in regular dialogue with the enforcing authority and are supporting where necessary. We are awaiting the outcome of their discussions on potential remediation.
The enforcement notice requires the removal of the material and any associated works that have created the access track, and the restoration of the land to the condition it was in prior to the breach of planning control taking place. The enforcement notice also required the removal of a timber building and static caravan, however these have since been removed from the site. The enforcement notice was due to take effect on 13 May 2024, however an appeal was made on 8 May 2024.
The appeal against the enforcement notice formally started on 28 August 2024. We are awaiting the Planning Inspectors decision on this appeal, this is expected by the end of the year.