Development Checklist No 14 - Contamination of Land and Buildings

Once a site has been found its suitability regarding contamination may have to be ascertained. [Please Note: This is a first-stab post on a complex topic involving:   desk and site investigations, liability under a duty of care, statutory remediation processes etc.]

The post identifies some of the  pointers  on contamination which may affect the site's efficacy for the developer's / owner's objectives.

Check 1: Contamination Desk Study: Has any  desk study been done? If affirmed, did it reveal any evidence that suggests the land or buildings are contaminated?. Such evidence may include:

• documents suggesting a history of previous contaminative uses;  
• reports of previous works to combat pollution on the site:
• invoices etc showing contractors were used to remedy contamination;
• a local authority remediation notice.

Check 2: Contamination Site Survey:  Has any site survey been done? If affirmed did it reveal evidence that suggests the land or buildings are contaminated? Such evidence may include:

• discolouration of surface materials;
• dead or dying flora or fauna or unnatural absence of the any natural growth etc;
• sampling or boring cores which show the presence of pollutants;
• evidence of works to remedy contamination.

Check 3: Pollutant's Path:  Ascertain whether any contamination's pollutant's pathway  has been determined from the evidence and whether there is the prospect that any receptor(s) will be harmed.

Check 4: Polluter Pays:  Ascertain whether any polluter, eg owner / occupier of adjoining land,  has been found and whether liability to pay  for remediation has been agreed.

Check 5: Insurer Pays:  If the polluter has been discovered, ascertain whether their insurer is liable under a valid insurance policy. 

Check 6 Owner Pays:  If no historic polluter has been discovered, the landowner is liable unless liabilty can be transfer to the owner's insurer under a valid indemnity policy

Check 7: Remediation Notice: See whether any issued remediation notice has been complied with and, if necessary, confirm that the works are sound.