Contaminated Land Inspection Strategy 2024 to 2029

Sections 2.10 to 2.11 of the revised Statutory Guidance (April 2012) states the requirements for when to use Statutory Powers of Entry for the inspection of land under Part 2A in accordance with Section 108 of the Environment Act 1995. Stockton-on-Tees Borough Council will use statutory powers of entry in the situation where the landowner refuses entry or cannot be found.

If the local authority intends to carry out an inspection using statutory powers of entry under Section 108 of the Environment Act 1995 it should first be satisfied that there is a reasonable possibility that a significant contaminant linkage may exist on the land. The authority should not use statutory powers of entry to undertake intrusive investigations, including the taking of sub-surface samples, if:

(a) it has already been provided with appropriate, detailed information on the condition of the land (for example, by the Environment Agency or some other person such as the owner of the land) which provides sufficient information for the authority to decide whether the land is contaminated land

(b) a relevant person (for example, the owner of the land, or a person who may be liable for the contamination) offers to provide such information within a reasonable and specified time, and then provides such information within that time