Strengths and weaknesses of contaminated land policy in the UK and the position of lenders and surveryors

Abstract

As an awareness of environmental pollution surfaces throughout the Western world, so too does the degree of regulation governing it. Over the last 20 years there has been a proliferation of legislation and administrative guidance seeking to reverse the damage caused to our planet since the Industrial Revolution. This has encompassed all media, and it is most prolific in the area of contaminated land, this having been addressed at many levels by international commissions through to local authorities.
This paper seeks to evaluate the strengths and weakness of contaminated land policy in the U.K., by examining the approaches to control and the adequacy of policing including the role of the EC and comparing the U.K. approach with that of America and Holland, and to enquire if there is anything to be learnt from that country in respect of dealing with the contaminated land issues.
The recent Environmental Bill will be assessed and question raised: "will it resolve past, present and future problems with regard to contaminated land?"
The position of Banks is considered and the part they play, if any, in improving our environment (albeit indirectly). Finally, can the Chartered Surveyor take an increasingly important role in developing Banks lending policy?
This paper was written taking into account the current legislation as of 1st June, 1995.