The Duchy of Lancaster has said it is exempt from regulatory obligations to clear a 25,000-tonne waste site on its land, citing a 750-year-old feudal law.
The large-scale waste site in Bickershaw, Wigan, covers land partially owned by Wigan Council and the Duchy, which inherited the lot due to an ancient law.
When someone dies without a will and has no identifiable heirs in England and Wales, their estate becomes bona vacantia – ownerless property – and passes to the Treasury.
However, the Duchy claims ownership of the property of people who die without heirs in the historic County Palatine of Lancashire – a medieval fiefdom encompassing Lancashire and parts of Merseyside, Greater Manchester, Cheshire and Cumbria.
Under environmental regulations, landowners are typically responsible for clearing illegally dumped waste, but the ancient law exempts the Duchy, as the estate did not inherit any liabilities attached to the property.
The Duchy told Channel 4 News that it has offered to transfer the land to Wigan Council and had no objection to the Council or Environment Agency using their statutory powers to enter onto the land for remediation purposes.
A Wigan Council spokesperson said it would need to consider the terms of a land transfer as it is ‘unlikely the value of the land would surpass the clean-up cost’.
The MP for Makerfield, Josh Simons, has called on the king’s estate to pay for its share of the clean-up costs.
Simons criticised the Environment Agency for failing to clear the waste after a fire at the site forced nearby businesses and schools to close, and went on to burn for ten days.