Contaminated land—access to contaminated land
Contaminated land—access to contaminated land

The following Environment guidance note provides comprehensive and up to date legal information covering:

  • Contaminated land—access to contaminated land
  • Obligation to grant access
  • Compensation
  • Disputes
  • Payment

Obligation to grant access

The owner or occupier of contaminated land (grantor) has a statutory obligation to allow remediation works to be carried out by the grantee under the Environmental Protection Act 1990, Pt IIA (EPA 1990). This applies where a Class A person (see Practice Note: Contaminated land—identifying Class A and B appropriate persons) is no longer in possession of the site and has no rights of access to it.

The grantor must grant, or join in granting, a licence or similar permission that enables the grantee to enter the land and carry out the work.

Before the remediation notice is served, the enforcing authority must use reasonable endeavours to consult with those parties who might be required to grant access to the grantee, though this requirement does not apply where there is imminent danger of serious harm.

There is no statutory mechanism for expediting the consent of those parties should they refuse. If consent is refused or delayed, the appropriate person may need to commence civil proceedings to secure the grant of rights to access the contaminated land.

Compensation

Where rights are granted by a person(s) to access land, that person is entitled to make an application for compensation. Any compensation determined is payable by the appropriate person. See Practice Note: Contaminated land—identifying Class A and B appropriate