Contaminated Land
Land that has been historically used for polluting industrial activities (often known as brownfield sites) can be contaminated. When land is contaminated, we must be satisfied that pollution on and/or away from the site links back to the source of contamination and that it affects human health, the natural or built environment. Such a site is deemed to be contaminated land.
What is our responsibility? It is our responsibility to investigate the district to try to identify sites where previous uses may have left contamination, which may now pose a significant risk to human health or to the natural or built environment. Once such sites have been identified we have a duty to inspect such sites.
Our approach to contaminated land has been set out in our contaminated land inspection strategy. It is also our responsibility to make sure that any sites that are being redeveloped are investigated and, if necessary, cleaned up, so that people can live and work at these sites without any risk of harm from substances left in the soil by the previous occupiers of the site. Planning regulations are in place for the
redevelopment of contaminated land.Who is responsible for paying and cleaning up?
If you own or occupy land that has been assigned as contaminated land, or you did in the past (even after you have sold it), you may be responsible for cleaning up the pollution.
The law states that the hazards associated with the contamination must be dealt with as soon as possible, so that they do not affect neighbours or occupants.
The law follows the "polluter pays" principle. The person or organisation that has polluted the land must deal with and pay for it to be put right. If the previous person/organisation is unknown, then the current owner of the land may be responsible. Owners and occupiers of domestic properties are not usually liable for these costs.
Contact us
For further information or to make a complaint about a suspected contaminated land site, please
contact us for advice.
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