The regulation of contaminated land in England: A solution or problem?

This thesis is concerned with the regulation of contaminated land and the way in which local authorities in England have prepared for and are now implementing Part IIA of the Environmental Protection Act 1990. Part IIA provides a risk-based framework for the identification and remediation of contaminated land. The legislation requires local authorities to take a strategic approach to the identification of contaminated land. The strategic approach adopted by individual local authorities will differ according to resources, technical expertise, size, population, political control and ability to attract inward investment through regeneration.The thesis provides a review of current literature relating to contaminated land policy and risk assessment. The research critically assesses the use of a risk assessment methodology for the identification of contaminated land and evaluates the strategic decision making processes of local authorities charged with a legal duty to identify contaminated land in their area. The thesis also considers the wider implications of Part IIA for the redevelopment of other land, which falls outside the statutory definition of 'contaminated land' but is affected by the presence of contamination.Over 100 local authority officers responsible for dealing with contaminated land participated during various phases of this research. The research consisted of a focus group, questionnaire survey, and an interview phase in order to identify local authority progress before and after implementation. The research presents the findings of a collaborative study with Barnsley MBC and a comparative study of the regulation and redevelopment of contaminated land in Cleveland Ohio, USA. Two case studies are also presented evaluating the risk assessment process applied in a Part IIA context.The research findings identify a number of potential problems for local authorities in implementing Part IIA effectively. Local authorities appear to be struggling to meet self imposed targets set as part of their strategies due to budget restraints, lack of political pressure, potential liability issues, staff changes and insufficient technical guidance. Potential solutions are suggested as part of the conclusions and provide a contribution to knowledge by informing policy makers about the effectiveness of the contaminated land regime. The contaminated land regime is still relatively new and this thesis describes a number of opportunities for further research.