Land Contamination

Some land in this country has been contaminated in the past by industries, for example

• Gasworks 
• 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, more sensitive use such as residential 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, 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.

Reuse 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. When you buy land in Southwark, the land charges department at the council will tell you if a site has been declared 'contaminated land'.

What the council does about contaminated land

The local council is responsible for enforcing the 'contaminated land' legislation.
The council

• Publishes a Contaminated Land Inspection 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 that have been remediated, the action that was required to put the problem right and any legal action that has been taken

A contaminated site can be classified as a ‘special site’. In a case like this, the Environment Agency may take over the regulation and management of the site from the council, once it has been declared as 'contaminated land'.

Contact us

For further information please contact us.

Pollution control
Tel: 020 7525 2000
Fax: 020 7525 5768
noise@southwark.gov.uk 
Environment and leisure
The Chaplin Centre
Thurlow Street
London SE17 2DG