Royal Estate Invokes Medieval Law to Sidestep Responsibility for Toxic Waste Site
A significant portion of land containing what has been described as the United Kingdom's "worst illegal waste dump" is owned by the Duchy of Lancaster, the extensive private portfolio of properties and estates belonging to King Charles III. The contaminated site in Bickershaw, Wigan, represents a growing national crisis of unlawful dumping, yet the Duchy has asserted that an ancient feudal legal framework, dating back over seven centuries, effectively exempts it from cleanup obligations.
Channel 4 Investigation Reveals Legal Loophole
According to an investigation by Channel 4 News, the Duchy of Lancaster is leveraging a principle known as escheat to avoid liability. Under this archaic law, when freehold land becomes ownerless—such as through abandonment or the dissolution of a company—it reverts to the Crown. Within the historic County Palatine of Lancaster, the Duchy acts as the receiver for such assets, including those of individuals who die without a will or kin.
However, crucially, the Duchy is not required to inherit any associated liabilities if the property is deemed "onerous," as is the case with the polluted Wigan site. This legal stance has allowed the estate to offer the land to Wigan Council for transfer, effectively shifting the substantial cleanup burden onto local taxpayers.
Environmental and Community Impact
The situation has had severe consequences for the local community:
- In July, a "toxic" fire raged at the site for ten days, forcing nearby businesses to close.
- Primary school children missed several days of education due to the hazardous smoke and pollution.
- The waste has been accumulating over several months, creating a persistent environmental hazard.
Josh Simons, the MP for Makerfield, labelled the site a "shocking state failure" in a social media post, noting he has "wrestled with this problem in my patch for a year now."
Contradiction with Environmental Guidance
The Duchy's position directly contradicts the Environment Agency's clear guidance, which states that landowners are responsible for clearing waste from their properties. In response to the crisis, the Agency has launched a major criminal investigation, interviewing individuals under caution.
An Environment Agency spokesperson emphasised: "Waste crime scars our communities, and we're committed to tackling it in Wigan with the local council and the police, as well as across the country. We are doing everything in our powers to manage the site in Bickershaw and identify the perpetrators."
Stalemate with Local Authorities
Wigan Council has expressed frustration, noting the daily impact on residents and a neighbouring primary school. A council spokesperson explained that while they are clearing their own portions of the land, accepting the Duchy's offer is problematic:
"Local authorities have an obligation to ensure best value for residents. As such, the council would need to consider the terms of any arrangement the Duchy of Lancaster is offering since it is unlikely the value of the land would surpass the clean-up cost."
The council continues to urge all landowners, including the Duchy, to fulfil their environmental obligations.
Duchy's Defence and Ongoing Dispute
A spokesperson for the Duchy of Lancaster contested the characterisation of the site, stating: "It is incorrect to say that the illegal waste dump in Bickershaw near Wigan is on land largely owned by the Duchy of Lancaster. Approximately 70% of the illegal tipping site is owned by other parties."
They clarified that a minority portion vested to the Duchy in July 2025 via escheat, after which they immediately contacted Wigan Council seeking a resolution. The Duchy maintains it is "fully committed to working with the local community and relevant agencies" to address the issue and combat illegal waste tipping.
Nevertheless, this reliance on a medieval legal exemption has sparked significant debate about accountability, environmental protection, and the role of ancient statutes in modern governance, leaving the toxic site in Wigan as a potent symbol of the UK's waste management challenges.
