Pollution Control - Contaminated Land

Environment Services - Environmental Health

Some land in this country has been contaminated in the past by industries such as gasworks, tanneries, chemical works and landfills.  These are often called brownfield sites and the environment.

The Problem

Brownfield sites can be a problem for two reasons:

1. There may be harmful substances in, on or under the land that can affect people and the environment.
2. Water pollution might be caused by substances at the site

However, brownfield sites do not generally cause a problem unless they are redeveloped for a different use.

'Pollutant linkage'

Land is only declared 'contaminated' if a pollutant linkage exists, this is produced when the following three elements occur:

1. The is a Source: A Pollutant exists that has the potential to cause harm
2. There is a Pathway: The pollutant can reach someone (or something) by some means, i.e. through soil, vapour, water etc
3. The is a Receptor: There is someone or something that can be affected by the pollutant

These three elements together are known as the pollutant linkage.

Action required

If you own contaminated land now, or you did in the past, you may be responsible for cleaning up the pollution. You may still be responsible for cleaning up the pollution after you have sold the land,though only if you were responsible for causing the pollution itself

Who pays?

The law follows the 'polluter pays' principle - the person or organisation that caused or permitted the contamination must pay to have it put right. If that person or organisation is not known, then the current owner of the land may become responsible.

Re-use of brownfield sites and the Planning process

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.

What the local council does about contaminated land

The local council is responsible for enforcing the 'contaminated land' legislation. The council:

• Publishes a Contaminated Land Strategy, under Part IIa of the Environmental Protection Act, which says how it will identify contaminated sites in its area
• Carries out reviews of land that may be contaminated
• Finds out who is responsible for putting right the contamination and discusses the problem with them
• Formally declares land contaminated
• Agrees the necessary action required to remediate the site and makes sure it is done
• Keeps a Public Register of contaminated land sites, this contains any legal action that has been taken related to a site.
• Reviews planning applications to ascertain if there are any issues that need to be considered regarding contamination and that they area addressed.

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'.

Contaminated Land Strategy 2001

Developing Potentially Contaminated Land

Review of Torbay Council's Contaminated Land Strategy 2005

Developers Guide