Part IIA Investigations and SPOSH Assessments

Part IIA of the Environmental Protection Act (1990) introduced a statutory legal definition for contaminated land, as follows:-

“…any land which appears to the local authority in whose area it is situated to be in such a condition, by reason of substances in, on or under the land, that :-

significant harm is being caused or there is a significant possibility of such harm being caused, or the pollution of controlled waters is being or is likely to be caused.

In deciding whether or not Land is contaminated land on the grounds of significant possibility of significant harm to human health (SPOSH) the guidance introduces 4 categories. Categories 1 and 2 encompass land which is capable of being determined as contaminated land on the grounds of SPOSH to human health and categories 3 and 4 would encompass land which is not capable of being determined on such grounds.