Pollution control - contaminated land
For information e-mail
environment@richmondshire.gov.uk
The Problem
Brownfield sites can be a problem for two reasons:
1. There may be harmful substances in, on or under the land
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:
1. it contains a source of pollution - the 'source' and
2. someone (or something) could be affected by the pollutant - the
'receptor' and
3. the pollution can get to the receptor - the 'pathway'
These three elements together are known as the pollutant
linkage.
Action required
If you own or occupy 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.
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
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.
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.
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, which says how it will
find contaminated sites in its area
carries out inspections 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 and makes sure it is done
keeps a Public Register of contaminated land sites, the action
that was required to put the problem right and any legal action
that has been taken.
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'.
Click here to read the Council's
'Contaminated Land Strategy'