Contaminated land and flood management

Environmental law is the body of law that seeks to protect the environment. It impacts a local authority both in terms of its own compliance with key themes but also, as the local authority, has statutory duties of enforcement and powers of remediation.

This subtopic provides an overview of some of the key areas of responsibility for a local authority in relation to environmental protection, namely in relation to contaminated land and flood protection. For fuller and deeper coverage of environmental law, reference should be made to Lexis+® UK Environment (subject to subscription).

Contaminated land

'Land contamination' is a general term used to describe any land that may be contaminated in some way. 'Contaminated land' is a specific legal term defined in section 78A of the Environmental Protection Act 1990 (EPA 1990).

What is contaminated land?

’Contaminated land’ is defined in the EPA 1990, s 78A as ‘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

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

TAKE A FREE TRIAL

Latest Local Government News

Welsh Government lays draft housing eligibility amendment regulations for crisis evacuations

The Welsh Government has laid the draft Allocation of Housing and Homelessness (Eligibility) (Wales) (Amendment) Regulations 2026 to prepare for potential impacts arising from instability in the Middle East, in line with the UK government’s crisis framework which may suspend the habitual residence test for returning British nationals. The amendments are intended as a precautionary measure to ensure that individuals arriving in Wales can access housing and homelessness assistance on the same basis as elsewhere in the UK, enabling local authorities to respond consistently and without delay should ‘leave now’ advice or evacuation arrangements be issued. Owing to the urgency and uncertainty of the situation, the Cabinet Secretary has accelerated the Senedd scrutiny process, while including a one-year sunset clause to allow for future review and consultation on any permanent arrangements. The Regulations are scheduled for debate on 24 March 2026, subject to Senedd approval, and are due to come into force on 30 March 2026.

Welsh Government publishes criteria for registering new social landlords in Wales

The Welsh Government has published guidance setting out the criteria for the registration of new social landlords in Wales under section 5 of the Housing Act 1996. It outlines a two‑stage application process, noting that applicants must first demonstrate they meet statutory eligibility requirements before being assessed against registration criteria focused on financial viability, governance and management arrangements, with evidence required of compliance with Regulatory Standards (RS)1, RS2 and RS7, and capacity to meet RS3, RS4, RS5, RS6, RS8 and RS9 from registration. The guidance explains that applicants must also show stakeholder support, disclose any parent‑subsidiary governance arrangements and provide detailed risk management, financial forecasting and assurance documentation, after which the regulation team will submit a recommendation to the housing portfolio minister.

Welsh Government publishes report on energy generation and use in Wales

The Welsh Government has published its first combined ‘Energy Generation and Use in Wales’ report, setting out trends in energy generation and consumption and progress towards national renewable energy targets. In a written statement, Cabinet Secretary for Economy, Energy and Planning Rebecca Evans MS, states that the latest data demonstrates continued progress across renewable technologies and reflects Wales’s long-term ambition to meet all annual electricity consumption from renewable sources by 2035.

Local Government weekly highlights—19 March 2026

This week's edition of Local Government weekly highlights includes the latest developments on local government reorganisation, including MHCLG implementation guidance and the Surrey (Structural Changes) Order 2026. It includes case analysis of Wildfish v Buckinghamshire Council, in which the Court of Appeal ruled on the interpretation of reserved matters and section 73 amendments and a case report on UW v Cheam Academies Network, in which the UT found the FTT erred in concluding it had no jurisdiction to consider claims of failure to make reasonable adjustments in relation to behaviour policy. This edition includes further updates on Local government reorganisation, Planning, Education, Governance, Children’s social care, Adult social care, Healthcare, Social housing, Licensing, and Environmental law and climate change.

View Local Government by content type :

News