X marks the spot

In britain today, it is estimated that 100,000 sites on 200,000ha are situated on contaminated land. Tracing a site’s history has never been more important.

The legal position

To help strengthen legislation on contaminated land, in April 2000 Part IIA was added to the Environmental Protection Act 1995.

A key part of that legislation concerns clean-up costs. Part IIA says the polluter must pay. But if the polluter cannot be identified, the cost will lie with the owner or occupier of the land. However, according to a proposed EU directive, local authorities could also be forced to pay for clean-up.

Part IIA states that contaminated land should show up on research carried out during conveyancing. However, according to research undertaken by Landmark, 69% of surveyors still rely on caveats in their valuations when dealing with environmental issues.

If developers and councils are to avoid hefty clean-up costs or even prosecution, they must be more proactive in identifying potential contamination. Environmental consultants are now being brought into the planning process at the earliest stages. As their role grows in importance, so will the demand on them to improve their advice

Consultants are expected to be able to pinpoint the exact area most likely to be contaminated, not just assume the problem affects the whole site. This requires much more detailed, site-specific information.

Mapping out contamination

Satellites and computers enabling instant access to high-specification digital maps have meant developers, surveyors and lenders are able to access increasingly accurate mapping data. But historical maps play just as important a role, helping identify historically contaminated land and track changes in land use

Environmental screening reports

Environmental screening reports for surveyors, developers and investors have simplified this process further. Recognising the benefits of screening reports, several major banks have added to their valuation instructions that a surveyor’s use of caveats or general assumptions on the environmental risks of property are no longer appropriate.