The release of information on potentially or actually contaminated land is a difficult issue as it can cause property blight if handled in an uncontrolled manner. We are committed to openness in the release of information, providing the information sought is by an appropriate person for a proper purpose.

There are three main methods of obtaining information about contaminated land from us:

1. A public register will be created to record information on sites where notices have been issued or a formal Remediation Statement has been prepared in line with Section 78(R) of Part IIA of the Environmental Protection Act 1990.

2. Environmental Health Sections make site specific environmental information available in accordance with the Environmental Information Regulations 1992. A disclaimer is generally added to the written response making it clear that the information provided is only that available to the department at that time and encouraging the requester to make more extensive enquiries. The regulations state that requests must meet certain criteria and be accompanied by reasonable payment where demanded. Consequently, requests must be:

  • Made in writing
  • Be accompanied by a local map clearly marking the boundary of the land
  • Be reasonable and specific in the questions asked e.g. "is the council aware of any land within 250 metres of the site which has been used for waste disposal to landfill?"
  • Be accompanied by appropriate payment to cover administration costs

3. Through an enquiry with our Land Charges team, as part of a land search, normally carried out as part of a property/land transaction, see Local authority searches.

In all cases, especially where any doubt exists regarding contamination, it is worth seeking advice from your solicitor and/or an appropriately qualified and competent contaminated land expert.

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