Environment and planning > Pollution >
Pollution control - contaminated land
Some land in this country has been contaminated in the past by industries such as:
- gas works
- tanneries
- chemical works
- landfills
These are often called brownfield sites.
The Problem
Brownfield 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, brownfield sites do not generally cause a problem unless they are redeveloped for a different use.
Pollutant linkage
Land is only declared 'contaminated' if:
- it contains a source of pollution - the source and
- someone (or something) could be affected by the pollutant - the receptor and
- 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 authority 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'.
Other pages you may find useful
Contact Details
For further information or specific help with information on this page, please contact us:
City of Durham CityInfo
Telephone: 0191 301 8499 or Fax: 0191 301 8555
Fill out a contact form
In an emergency, outside of office hours, please call 0191 386 6111