Contaminated Land Frequently Asked Questions

The EPA Part IIA contaminated land regime is complex, and cannot be summarised easily; the legislation and supporting documentation should always be referred to. However, the following may be of interest:

What is the purpose of the contaminated land regime?
It was introduced as a means of dealing with the potential legacy of contaminated land which may have arisen from its historical use e.g. industrial, mining/extraction and waste disposal. Local Authorities, as lead regulators, are able to deal proactively with land that is not being redeveloped (or is not the subject of other regulations), and may be posing unacceptable risk to human health, ecological systems, property or controlled waters. The land must be suitable for its current or intended use, and remediation (clean up) will vary accordingly.

Who is responsible for the cost of dealing with contaminated land?
The legislation seeks to use the 'polluter pays' principle, where the cost of dealing with contamination rests with the original polluter, where they can be found, or the landowner/occupier when the polluter no longer exists.

What are "Special Sites"?
These are defined in the Regulations, but generally relate to sites involving water quality, certain specific industrial activities, or Ministry of Defence estates. If the Local Authority determines that land is contaminated, and it is then designated as a 'Special site', the Environment Agency then becomes the enforcing authority.

What are sites of previously potentially contaminative uses?
These are sites which have been identified by Rochford District Council, from historic maps and other sources, as having had activities carried out on them in the past, which may have contamination associated with them. They are not necessarily contaminated today. A Phase 1 investigation will be carried out to ascertain their current status, following prioritisation according to risk.

What does a Phase 1 investigation entail?
The detailed procedure is set out in the council's Strategy document. It involves an initial desk-top study (assessment of information held by the council and others) and a site walk-over, to establish whether the land is likely to be contaminated, as statutorily defined. As a result, further investigation may cease, or proceed to Phase 2, and possible determination as contaminated land.

Does the contaminated land legislation apply to me?
The contaminated land regime has implications for those who have caused or knowingly permitted land to be contaminated or who own, occupy or intend to purchase or sell land that is contaminated. You can always discuss this informally with us.

How can I find out if a house is affected by contamination?
When houses are up for sale, prospective purchasers are usually advised to make an Environmental Search by their solicitor or conveyancer. This was rarely done a few years ago, but is now common practice. A number of private companies provide this service for a fee and provide you with a report containing environmental information in relation to the property of interest.

Your legal advisor, solicitor or estate agent can arrange this for you.

Can the Council provide information?
If you contact the Council requesting information about the potential for contamination at a property, this is governed by The Environmental Information Regulations 2004. A fee is charged for such requests for environmental information and it is payable in advance. Costs may exceed this if the request is particularly complicated involving prolonged time and effort. There is then a subsequent hourly rate about which you will be advised in advance.

Can I see a list of potentially ‘contaminated land’?
No, the Council does not make such a list available. However, we can provide details of information we hold on a site specific basis, in other words, if you enquire about a specific address or plot of land, we will deal with this request for a fee, as detailed above, subject to the Environmental Information Regulations 2004.

Enquiries of the Public Register required to be kept under PartIIA of the Environmental Protection Act 1990 are free of charge. This register details the clean up of land which has been formally determined as ‘Contaminated Land’ under this Act. Many people wrongly refer to this as the ‘contaminated land’ register. It is in fact a register of what actions have been taken to ‘clean up’ land once it has been formally determined as ‘Contaminated Land’. Most councils do not yet have any entries on this register as they have not reached that particular stage of their contaminated land strategies. Rochford District Council currently has no entry in its register.

It is therefore more likely that you will be enquiring about land or property via an Environmental Information Request as described above.

Can you advise me whether I should buy a particular property or land?
Although we are often approached for such advice, we can only provide factual information, not opinion. We will always try to be as helpful as we can, but unfortunately, having done your research and obtained your information, it will be up to you and most likely your legal advisors to make such decisions.