B5.3 Contaminated Land
Contaminated land is defined as:
“Any area which appears to the local authority 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) Significant pollution of controlled waters is being, or is likely to be, caused.”
Source: Section 78A(2) of Part 2A of the Environmental Protection Act 1990
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DEFRA (Department of Environment, Food & Rural Affairs) describe ‘harm’ as
- Harm to the health of living organisms.
- Other interference with the ecological systems of which they form part.
- Harm to property.
DEFRA have created a document “Guidance on the Legal Definition of Contaminated Land”, which is available for you to download here: B5 – DEFRA contaminated land