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Must credit Channel 4 News

Images courtesy of Channel 4 News: L-R Illegal site in Wigan; Baroness Sheehan; and chief correspondent Alex Thomson

* 'Wigan's Royal Waste Site' airs on Channel 4 News tonight at 7pm

An investigation by Channel 4 News can exclusively reveal that an illegal waste dump near Wigan is on land largely owned by the Duchy of Lancaster, the King's extensive private portfolio of properties and estates.

The site in Bickershaw, Wigan has been dubbed the UK's "most dangerous illegal waste dump" and sits at the heart of the mounting national crisis in illegal dumping, containing 25,000 tons of rubbish.

Channel 4 News understands that the Duchy of Lancaster is, in effect, exempt from regulations and duties to clean the site on account of an ancient feudal legal framework dating back some 750 years.

The Duchy set out its position that the responsibility of the clean up lies with Wigan Council. If the Duchy hands over the contaminated land to Wigan Council, it will be passing a clean-up bill of several million pounds to the taxpayer.

The Duchy maintains it does not have to take on any liabilities of the property due to 'escheat' law but tonight has added that 'the Duchy would be prepared to discuss with Wigan Council these matters'.

This refusal to take proactive action appears to contradict the Environment Agency's own longstanding guidance that landowners are responsible for clearing illegal waste from their property.

'The Duchy legally does not take on any liabilities in relation to escheated property but the Duchy has offered to transfer the land to Wigan Council and to co-operate with them to try and resolve the issue', a spokesperson for the Duchy told Channel 4 News.

'In terms of co-operation, we confirmed to the Council that the Duchy had no objection to the Council or Environment Agency using their statutory powers to enter onto the land for remediation purposes', the Duchy added.

Investigating the landowners behind the Wigan site has exposed a complex system of land ownership which saw part of the dump come into the King's possession.

The Duchy of Lancaster collects assets of people who die without a will or next of kin within the historic County Palatine of Lancaster in northwest England, as well as assets of dissolved companies, under the ancient 'bona vacantia' legal principle. Proceeds go directly to the Duchy.

Channel 4 News now understands that the Environment Agency is limited in their powers unless the Duchy decides to take action.

If land is considered 'onerous', under escheat law, the Duchy does not have to inherit any liabilities associated with the property. The Wigan site falls into this category. The previous owner went bust, and it was already covered in mounds of waste when it came into the Duchy's possession.

In a statement to the programme, the EA said: "We are doing everything in our powers to manage the site in Bickershaw and identify the perpetrators, including by launching a major criminal investigation and interviewing individuals under caution."

On the Duchy's offer to transfer the land to Wigan Council, the council said it "would need to consider the terms of any arrangement" as it was unlikely the value of the land would surpass the clean-up cost.

"As one of the impacted landowners, we are making efforts to clear our land and we continue to implore all other impacted landowners to take the necessary steps to fulfil their own obligations", it added.

Tonight's investigation has been welcomed by Baroness Sheehan, Chair of the House of Lords Environment and Climate Change Committee.

Speaking to Channel 4 News she said: "I take my hat off to Channel 4 for your investigative work. This is a revelation, and I think it will be interesting to see now that this is in the public domain and what happens next.

"I hope it's going to give greater impetus to sort this out, because local residents really shouldn't have to live with this on their doorstep. It backs onto gardens of the houses here, backs onto the playing field of the school there. And it's just a living nightmare for them.

"The facts - as you've presented them - it does seem rather unfair that the taxpayer is yet again having to pick up the bill for cleaning up this dreadful, filthy mess", she concluded.

One Bickershaw resident tells the programme "it has been hell living here". Rats and flies have plagued the community and she says none of these problems were around before the dump.

A Wigan Council spokesperson told Channel 4 News: "Local authorities have an obligation to ensure best value for residents. As such, the council would need to consider the terms of any arrangement since it is unlikely the value of the land would surpass the clean-up cost.

"Wigan Council fully understands the impact the illegal waste site at Bolton House Road has had, and continues to have, on local residents. As one of the impacted landowners, we are making efforts to clear our land and we continue to implore all other impacted landowners to take the necessary steps to fulfil their own obligations."

'WIGAN'S ROYAL WASTE SITE' will air on Channel 4 from 7pm Monday 26 January.

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Notes to Editors

For more information, please contact:

Anna Hughes, Head of Communications, Channel 4 News

anna.hughes@itn.co.uk / 07837 258652