Contaminated Land
Some land in this country has been contaminated in the past by industries such as:
- gasworks
- furniture factories
- garages
- chemical works
- landfills
These are often called brownfield sites.
The Problem
Brownfield sites can be a problem when harmful substances in, on or under the land pose a risk to human health and any other sensitive receptors such as building structures, groundwater and/or surface water quality.
Brownfield sites do not generally cause a problem unless a linkage between the harmful substances and people or other sensitive receptor exists.
'Pollutant linkage'
Land is only declared 'contaminated' if:
- if it is a source of pollution - the source
- if someone (or something) could be affected by the pollutant – the receptor
- if the receptor, such as a person, can come in contact with the pollution - the pathway
These three elements together are known as the pollutant linkage.
Action required
If a pathway exists and the land poses a significant risk to any sensitive receptor, the land must be cleaned up. Clean up of the land can be undertaken voluntarily, or if necessary the Council can take necessary enforcement action on responsible parties.
Who pays?
The law follows the 'polluter pays' principle - the person or organisation that caused or knowingly permitted the contamination must pay to have it cleaned up. If that person or organisation is not known, then the current owner of the land may be responsible for clean up costs.
However, in most cases, owners and occupiers of domestic properties are not usually liable for these costs.
Re-use of brownfield sites
The approval of an application for redevelopment of these sites will only be granted on condition that the contamination is cleaned up to a standard that makes it suitable for the new use of the land, the linkage between the source of contaminated land and the sensitive receptor must be broken.
You should obtain specialist advice from an environmental consultant or a specialist lawyer before you buy or sell contaminated land to better understand if the land poses a risk to human health or other sensitive receptors and to identify personal liabilities for clean-up of the site you may have.
What the council does about contaminated land
The council is responsible for enforcing relevant legislation relating to contaminated land. The council:
- has published a Contaminated Land Strategy, which says how it will find contaminated sites in its area.
- carries out inspections of land that may be contaminated.
- formally declares land contaminated
- identifies who is responsible for clean up of the site.
- agrees the necessary action and makes sure it is done
- keeps a Public Register of contaminated land sites, information on how the site was cleaned up and any necessary legal action taken.
- ensures, through the planning process, that sites are cleaned up
In some cases the Environment Agency may take over the regulation of a site from the council, once it has been declared as 'contaminated land'.
If you would like more information on contaminated land icontact us using the details on the right.
Page updated: 28 Jan 2008