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Your House and Contaminated Land


 

   
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Your House and Contaminated Land

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. Council’s are committed to openness in relation to all information provided the information is being provided to an appropriate person for a proper purpose.

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

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 the Act.

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 to the Local Land Charges section, as part of a land search, normally carried out as part of a property/land transaction.

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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Last Modified on the 26. July 2007 at 15:17:58 PM
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