Some land in this country has been contaminated in the past by industries such as:
- gasworks,
- tanneries,
- chemical works,
- landfills.
These sites can be a problem for two reasons;
- there may be harmful substances in, on or under the land,
- water pollution might be caused by substances at the site.
However, they do not generally cause a problem unless they are redeveloped for a different use.
Land is only declared 'contaminated' if:
- it contains pollution – (the source) and
- someone (or something) could be affected by the pollution – (the receptor) and
- the pollution can get to the 'receptor' - the pathway.
These three elements together are known as the pollutant linkage. 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.
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. When you buy land in Bolton, the Land Charges department at the local council will tell you if a site has been declared 'contaminated land'.
What the local council does about contaminated land?
- Publishes a Contaminated Land Strategy, which says how it will find contaminated sites in its area,
- Will carry out inspections of land that may be contaminated,
- Will find out who is responsible for putting right the contamination, and discuss the problem with them,
- Can formally declare contaminated land,
- Will agree the necessary action and makes sure it is done,
- Will keep a Public Register of contaminated land sites, which contains 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'.