Contaminated land

The Council tackles contaminated land in a number of ways; through the planning process, through inspection (the Contaminated Land Strategy) and through prevention. 

Contaminated land in the planning process 

For planning applications situated on land known or suspected to have had a potentially contaminative former use, the developer may be required to carry out an investigation of the site and where necessary to undertake remediation (clean-up) if contamination is found. 

We have produced guidance for property owners and developers who want to know what information they should submit to the Council when applying for planning permission to develop or significantly change the use of land or buildings which could potentially be contaminated. 

It is the responsibility of the developer to ensure that the site is suitable for its proposed use. Our guide offers advice and guidance on tackling possible contamination issues during the development process: 

Developer's Guide Cotswold District Council - pdf - 1.53 Mb

Cotswold District Council Contaminated Land Strategy 2019 - pdf - 1.08 Mb

Contaminated Land Inspection Strategy 

The Council has a statutory duty under Part 2A of the Environmental Protection Act 1990 to identify contaminated land and to ensure it is in a suitable condition for its current use. 

If land becomes severely polluted and it affects a 'statutory receptor', we are the primary regulator. We assess the land to see if further action is needed. We provide the following services:  

• carrying out inspections of sites 

• checking the extent of contamination 

• designating whether the site is deemed a 'special site' (the Environment Agency are responsible for enforcing this) and 
• acting as the Enforcing Authority for contaminated land not designated as a Special site (which may pass to another body to regulate) 

Cotswold District Council Contaminated Land Strategy 2019 - pdf - 1.08 Mb

Treatment of contaminated land   

When land has been confirmed as contaminated the enforcing authority must: 

• confirm who should be responsible for treatment or remediation 

• decide after consultation what treatment work should be done and check that this is carried out 

• decide who is to pay for the treatment and 

• maintain a public register of all regulatory action in relation to contaminated land.  

Land is only considered contaminated if it affects: 

• human beings 

• certain ecosystems 

• certain property 

• controlled water 

You can download our contaminated land strategy, here: 

Insert existing strategy pdf here 

Public register of contaminated land 

Part 2A of the Environmental Protection Act 1990 places a duty on Local Authorities to hold a Public Register of sites that have been formally determined as contaminated land. 

The Register does not have any entries to date as no sites have been determined in the District and no notices have been served in accordance with the Act. 

Environmental searches 

When buying or selling a property, solicitors may ask whether the land is contaminated. Environmental searches may raise questions about the former use of the site and potentially contaminated land. 

We may hold more specific information about a property. For more information and details of current fees call 01285 623000. 

Related Documents

Domestic heating oil storage guidance 2025 - pdf - 276 Kb