Pollution control - contaminated land

Information about contaminated land.

Solihull MBC does not currently have any sites whch are classed as contaminated land uner the Act and we do not currently have any sites on a priority list for examination under the Act.

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. No site has been found in Solihull where there is evidence of a linkage

We will review the overall situation with respect to our duties under Part IIA of the Act from time to time. This would be -

• in general if there should be changes to legislation or guidance

• in particular for sites where there is some proposed change of use (usually dealt with through the development control process), previously unknown evidence of actual or possible contamination comes to light, or some new link between a source of pollution and a receptor is established.

For information on our Contaminated Land stategy please contact us.

The Problem

Some land in this country has been contaminated in the past by industries such as:

• gasworks
• tanneries
• chemical works
• landfills

These are often called brownfield sites.

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.

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. There is no evidence of any hazard of this nature in the Borough.

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. When you buy land in Solihull, the Land Charges department will tell you if a site has been declared 'contaminated land'. For further information on Local Land Charges searches please visit the Land Charges webpages.

What the local council does about contaminated land

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

• published a strategy in 2001. The strategy has been completed and the study can be found at the following link Contaminated Land Strategy 
• carries out inspections of land that may be contaminated
• if we find evidence of contamination with a potential linkage we would find 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'.

The Environmental Monitoring Section currently holds details about the location of all suspected sites of potentially contaminated land and landfill sites within the borough. Access to both these sources of information is available for a fee (reviewed annually), for a full postal enquiry for each single address. This cost is discounted for greater than 25 enquiries per year. For the current fee please contact Enviromental Health.

The Environmental Protection Act 1990 requires every Local Authority to prepare an inspection strategy to deal with contaminated land and Solihull is leading the way by being one of the first to publish their strategy. Our Contaminated Land Inspection Strategy can be viewed on this website. All land in the Borough will have been inspected for potentially contaminated land by 2006. Although a public register exists there are no entries at present as land that has been contaminated as defined by the Act .

If you have any information on sites of potentially contaminated land or would like to find out more about what we are doing in this field then you can contact us.