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Categorisation
To determine whether an area of land meets the statutory definition of contaminated land, the Council will apply the system of categorisation described in the Statutory Guidance:
Categories 1 and 2: where there is significant possibility of significant harm
Categories 3 and 4: Where there is not significant possibility of significant harm.
Only sites which can be categorised as 1 or 2 will be determined as contaminated land.
Record of contaminated land
In accordance with the Statutory Guidance, the Council will produce a written record of any determination that land is contaminated land, which must include a risk summary. The risk summary will explain, in non-technical terms, the Council’s conclusion on the risks and other relevant factors. The record will be made publicly available.
Deciding that land is not contaminated land
Where a site does not meet the statutory definition of contaminated land, the Council will produce a written statement of non-determination as required by the Statutory Guidance. A written statement must be shared with the landowner, neighbouring landowners and other relevant stakeholders.
Sites previously determined as Contaminated Land
There are six sites which have already been determined as contaminated land in Cheshire West and Cheshire, on which information is available from the Environmental Protection Team on request. The Statutory Guidance does not require written records to be completed retrospectively for sites inspected prior to the introduction of the guidance in 2012.
Categorisation
To determine whether an area of land meets the statutory definition of contaminated land, the Council will apply the system of categorisation described in the Statutory Guidance:
Categories 1 and 2: where there is significant possibility of significant harm
Categories 3 and 4: Where there is not significant possibility of significant harm.
Only sites which can be categorised as 1 or 2 will be determined as contaminated land.
Record of contaminated land
In accordance with the Statutory Guidance, the Council will produce a written record of any determination that land is contaminated land, which must include a risk summary. The risk summary will explain, in non-technical terms, the Council’s conclusion on the risks and other relevant factors. The record will be made publicly available.
Deciding that land is not contaminated land
Where a site does not meet the statutory definition of contaminated land, the Council will produce a written statement of non-determination as required by the Statutory Guidance. A written statement must be shared with the landowner, neighbouring landowners and other relevant stakeholders.
Sites previously determined as Contaminated Land
There are six sites which have already been determined as contaminated land in Cheshire West and Cheshire, on which information is available from the Environmental Protection Team on request. The Statutory Guidance does not require written records to be completed retrospectively for sites inspected prior to the introduction of the guidance in 2012.
