Dealing with contaminated land
Whose responsibility is it?
This depends. Local authorities are responsible for
identifying sites that are potentially contaminated.
However, if a site is to be developed as part of a Planning
application, it is dealt with under the Town and Country
Planning Act and it is the developer's responsibility to make sure
the land is suitable for its proposed use.
If there is no application and the local authority has
identified that the site had a former land use that could have
potentially caused contamination then it needs to consider
whether this may present a risk to human health or the
environment and it will require further investigation. This
is known as an investigation through Part IIA of the Environmental Protection Act
1990 when the site may not be suitable for its current use
(rather than it's proposed use, which, as mentioned above, is
dealt through the planning process).