There is a legal framework in Scotland to tackle the legacy of contaminated land left as a consequence of previous industrial development. It requires local authorities to have a written strategy for handling issues relating to contaminated land in their areas.

Falkirk Council will be involved in the assessment and inspection of all land likely to have been contaminated over the years. This includes contact with other Council services, landowners, householders and various bodies.

The long-term aim is to ensure that all land within Falkirk council area is suitable for use. The Council's Contaminated Land Strategy is available to view or download on request. It is currently being revised.

The Council will always actively seek voluntary remediation of contaminated land sites, by the persons responsible for the land, wherever possible.

It should be noted that on many occasions, land may be felt to contain contamination simply because anything undesirable can be called "contamination". But contaminated land is specifically defined in the legal framework and if it doesn't meet that definition, we are unable to take any action.

We are legally required to keep a Contaminated Land Register that can be accessed by the public. There are currently no sites within Falkirk Council area on this register.

1. What do the Contaminated Land Team do?
2. How do I request information about a site?
3. When should contaminated land investigations be done?
4. What's the Contaminated Land Team’s role in the development process?
5. What do applicants and developers need to do?
6. Can land affected by contamination be development on?

We make sure developments involving contaminated land are carried out properly. We do this:

• Through the planning and building standards process
• By giving general information and advice to applicants and developers

Legally you can request information about contaminated land from us.

This service is often used by environmental consultants, solicitors and home buyers and we may charge for this information if an environmental land use report is required.

If the information is sensitive, we will ask the owners of the land for permission to release the information to you.

You should include:

• A site map clearly showing the boundary of your site
• Any questions you may have
• Your contact details so we can respond to you

If possible, please send your request by email:

envhealth@falkirk.gov.uk 

We aim to respond to you within 20 working days, or 40 working days if your enquiry is complicated, of receiving your request.

You must consider contamination issues early in the development process. You must consider these issues before work begins on site. This is because the results of your investigations may affect your design features, delay the works or add to your costs.

For example, you may need to:

• Upgrade water supply pipes
• Install gas and vapour protection measures
• Upgrade concrete used for foundations
• Remove contaminated material from the site and bring in new material, for example, soil.

We advise applicants and developers about land contamination matters in planning and building standard issues.

You should contact Development Management for all planning and building standards enquiries.

We may review any reports that accompany a planning or building warrant application, but all this information must be sent to Development Management in the first place, not to us.

Anyone who is involved in developing former industrial or agricultural land must consider contamination issues carefully.

If you are a developer or a planning/building warrant applicant, you are responsible for making sure a site that may be affected by contamination is suitable for its intended use. You must be able to show that you have considered how contamination could affect your development.

Guidance publication Land Contamination and Development link is provided on this page to help developers, and their consultants know what the local authority expects when dealing with land contamination.

The Scottish Government encourages the reuse of land which may be affected by contamination. For more information, you can read their guidance on the development of contaminated land.

• Scottish Government - Contaminated Land webpage
• Scottish Government - Environmental Protection Act 1990: Part II A Contaminated Land: Statutory Guidance Edition 2 (2006)
• SEPA Contaminated Land webpage
• Land Contamination and Development Planning Advice Note 33: Development of contaminated land - gov.scot
• UK Radon
• Mining Remediation Authority