A significant portion of what has been labelled the UK's worst illegal waste dump, located in Bickershaw, Wigan, is owned by the Duchy of Lancaster, the private estate of King Charles. This revelation has sparked controversy as the Duchy asserts it is exempt from cleaning up the site due to an ancient feudal legal principle known as escheat, which allows it to avoid liabilities for 'onerous' ownerless property.
Legal Exemption Clashes with Environmental Guidance
The Duchy's stance directly contradicts guidance from the Environment Agency, which holds that landowners are responsible for clearing waste from their properties. In response to this discrepancy, the Environment Agency has launched a criminal investigation into the matter, highlighting the severity of the situation and the potential legal ramifications.
Impact on Local Community and Businesses
The waste site has had a profound impact on the local community, previously causing a toxic fire in July. This incident forced nearby businesses to close temporarily and resulted in children missing school, disrupting daily life and raising health and safety concerns. Local MP Josh Simons has described the situation as a shocking state failure, criticising the lack of effective action to address the environmental hazard.
Duchy's Response and Land Transfer Offer
In response to the growing scrutiny, the Duchy of Lancaster has offered to transfer its portion of the land to Wigan Council. The Duchy has stated that approximately 70% of the illegal tipping site is owned by other parties, suggesting that the responsibility for cleanup should be shared. However, this offer has not resolved the underlying issue of liability under current environmental regulations.
The case underscores broader challenges in waste management and land ownership in the UK, particularly when historical legal frameworks conflict with modern environmental standards. As the investigation proceeds, stakeholders are calling for clearer policies to prevent similar situations in the future.
