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Any land that has been used for industrial purposes, the storage of fuel or chemicals, the disposal of waste or has been left derelict has the potential to be contaminated. These areas of land are often called brownfield sites and are prime locations for re-development.
Brownfield sites can be a problem because:
Legislation was introduced in April 2000 to deal with contaminated land. This legislation is Part IIA of the Environmental Protection Act 1990.
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Where such substances exist, the land may be referred to as contaminated land. This can be misleading as there is a difference between 'contaminated land' and 'land that is contaminated'.
Contaminated Land
This is land that has been formally determined by the Council as 'contaminated land' because it meets all the requirements of the definition outlined in the contaminated land legislation and a pollutant linkage exists.
| SOURCE | PATHWAY | RECEPTOR | ||
|---|---|---|---|---|
| Source of contamination | → | The contamination can reach the receptor | → | Someone or something could be affected by the contamination |
If all three stages of the pollutant linkage are satisfied, the land can be formally determined 'contaminated land' and the details will be recorded in the Public Register. If one or more of the stages is missing then the land cannot be determined as 'contaminated land'.
If a source of contamination exists but without a pathway or receptor then the land is described as 'land that is contaminated' rather than contaminated land.
Currently there is no land that has been formally classified as 'Contaminated Land' within Elmbridge.
Land that is Contaminated
The Council has a database of the areas of land within the Borough that may be contaminated due to a past use. Compiling this database is an ongoing process as new areas are discovered.
Information is gathered for each of these areas to assess the risk they pose.
If development is proposed on these areas, the developer may be required to employ an environmental consultant who can carry out a detailed assessment of the land. If contamination is found to be above acceptable levels then it will need to be cleaned up (remediated) in order to make it suitable for the proposed use.
It should be noted that prior to the implementation of the legislation, there was no requirement for a developer to carry out a contamination investigation of an intended development even where the previous use was one that was likely to have caused contamination.
Responsibilities
If you own or occupy land that is contaminated, or you did in the past, you may be held to be responsible for cleaning up the contamination. You may still be responsible for remediating land even after you have sold it.
Who Pays?
The legislation follows the 'polluter pays' principle - the person or organisation that caused or permitted the contamination must pay for it to be cleaned up. If that person or organisation is not known, then the current owner of the land may be responsible.
Information
Reporting Information Regarding Potential Land Contamination within Elmbridge
The Council |offers a reporting service to provide information regarding historic land use that may have left a potential for land contamination. This information may be useful to clarify issues raised by environmental searches, which are obtained during conveyancing.
For further information, please contact the |Environmental Health & Licensing Division.
| Related Pages: |
| Land pollution |Pollution (A - Z ) |