Some land in this country has been contaminated in the past by industries such as:
These are often called brownfield sites. If you own or occupy contaminated land now, or you did in the past, you may be responsible for cleaning up the pollution.
Brownfield sites can be a problem for two reasons:
However, brownfield sites do not generally cause a problem unless they are redeveloped for a different use.
Land is only declared 'contaminated' if:
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 immediately.
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.
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, the Environmental Health Department will be able tell you if a site has been declared 'contaminated land'.
We are responsible for enforcing the 'contaminated land' legislation. We:
In some cases the Environment Agency may take over the regulation of a site from us, once it has been declared 'contaminated land'.
There is provision within the Environmental Information Regulations 2004 for the Council to charge for the supply of environmental information that is not stored on the public register. A service charge for gathering this information is required and the Council aim to provide a response within 5 working days. We currently offer one standard search type suitable for conveyancing (solicitors and householders), developers and consultants.
This search will outline South Derbyshire District Councilís position with regard to Part 2A of the Environmental Protection Act 1990, the known environmental setting and reveal relevant details under SDDC Inspection Strategy including, any past industrial land uses, pollution incidents / records of contamination, past site investigations / remediation, and any other concerns regarding ground conditions on and adjacent to the property / site.
The charge for this search is £50.00
South Derbyshire District Council
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