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For over a decade, local authorities have been actively investigating sites for potential contamination under Part IIA of the Environmental Protection Act 1990. Where necessary, they have been responsible for identifying those liable and making arrangements or obtaining funding for remediation. So where will these latest changes leave them?

Up the creek without a paddle?

For local authorities, this change will have a big effect. They will have the statutory duty under the Environmental Protection Act but without the money to undertake site investigations. On new developments, they may be forced to look into alternative options such as securing remediation through planning permissions and planning obligations; for example by imposing conditions to ensure a development does not commence until remediation has been completed, or by restricting development or future use of the land. Another alternative might be to encourage site owners or known polluters into voluntary investigations or clean-up.

Greater risk to homeowners

Perhaps most significant though, are the implications for residents living on or near to contaminated sites. As a result of the withdrawal of funding, there is now a much greater risk that if contamination is discovered, the homeowner will be asked to foot the bill for the clean-up. This is in addition to the blight that a property suffers by association, which can have a major impact on its value and make it difficult or impossible to sell. And of course, there is always a concern about the risks to health that contaminated land may bring.

At this stage, it's uncertain how the situation will pan out, and much rests on how the local authorities and developers choose to act following the end of the scheme. A practical option in the meantime may be to offer insurance to homebuyers to protect them against the threat of future clean-up costs and enforcement action if historical contaminated land is uncovered after their purchase.