Contaminated Land

Some land in this country has been contaminated in the past by industries such as gasworks, tanneries, chemical works, landfills, sewage works and garages and petrol filling stations. These are often called brownfield sites.
Brownfield sites do not generally cause a problem unless they are disturbed or redeveloped which can be for a different use. Brownfield sites can cause a problem for a variety of reasons:-

• There may be harmful substances in, on or under the land
• Water pollution might be caused by substances at the site
• There may be pollutants transferred to nearby land which would otherwise not be contaminated.

Land is only declared 'contaminated' if:-

• It contains a source of pollution - the source
• People, animals, plants or the environment in general (known as the 'receptor') could be affected by the pollutant
• The pollution can get to the 'receptor'

These three elements together are known as the pollutant linkage and the pollutant linkage must be established for land to be considered as being contaminated.

Action Required

If you own or occupy land which is contaminated now, or you owned it in the past, you may be responsible for cleaning up the pollution. It does not necessarily have to be pollution which you caused. You may still be responsible for cleaning up the pollution even after you have sold the land. Some contamination can be a hazard to current occupants or neighbours and the law says the problem must be put right immediately.

Who pays?

The law follows the 'polluter pays' principle - the person or organization that caused or permitted the contaminate (knowingly or unwittingly) must pay to have it put right. If that person or organization is not known, then the current owner of the land may become responsible. 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. You should obtain specialist advice from an environmental consultant or a specialist lawyer before you buy or sell contaminated land. When you buy land in the Royal Borough the Environmental Protection Team in Public Protection will tell you if a site has been declared 'contaminated land'.

The Royal Borough enforced the 'contaminated land' legislation and:-

• Has published a Contaminated Land Strategy, which gives information on how it will operate this statutory process of identifying and dealing with contaminated sites in its area.
• Carry out inspections of land that may be contaminated.
• Requests for Environmental Searches - Upon written requests accompanied with the fee of £77 a written report can be received (as at 1.2.11). This response will be within 10 working days. However the Environmental Protection Officers are also willing to give advice over the telephone.
• Finds out who is responsible for putting right the contamination and discusses the problem with them.
• Formally declares any such land to be contaminated.
• Agrees the necessary action and makes sure it is done.
• Keeps a Public Register of contaminated land sites and
  • The action that is necessary to remedy the situation:-
  • Any action that has been taken to put the problem right, and
  • Any legal action that has been taken

In the case where land is so severely contaminated as to cause it to be designated a Special Site then the Environment Agency may take over the regulation of the site from the Council, after it has been declared as 'contaminated land'.

Please contact us on 01628 683830 if you require more information, or complete our online form.

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