A portion of the land dubbed the UK’s “worst illegal waste dump” is owned by the Duchy of Lancaster, the King’s extensive private portfolio of properties and estates.
The waste site in Bickershaw, Wigan, is part of the UK’s mounting crisis of illegal dumping.
But the Duchy has said that, due to an ancient feudal legal framework from more than 700 years ago, it is in effect exempt from cleaning up the site, according to an investigation by Channel 4 News.
The broadcaster suggested the Duchy is shifting responsibility for the clean-up by offering it to Wigan Council.
However, the refusal to take proactive action goes against the Environment Agency’s guidance that landowners are responsible for clearing waste on their own property, and it has launched a criminal investigation.
The Duchy has said legally it doesn’t take on any liabilities in relation to escheated property – a term for abandoned or ownerless property.
It said it has offered to transfer the land to Wigan Council and work with them to resolve the issue. A spokesperson for the Duchy said that the majority of the site is owned by other parties.
In July, it took 10 days for firefighters to put out a blaze on the waste site, which had been slowly accumulating waste over several months. The “toxic” fire forced nearby businesses to close and children to miss several days of school.
Josh Simons, MP for Makerfield, called the site a “shocking state failure” following the fire.
“I’ve wrestled with this problem in my patch for a year now. Primary school children couldn’t go to school as toxic waste dump on fire,” he said in a post on X in December.
Under escheat law, when freehold land becomes ownerless it reverts to the Crown as the ultimate owner of all land.
Assets of people who die without a will or a next of kin within the historic County Palatine of Lancaster, in northwest England, are collected by the Duchy of Lancaster. This also includes the assets of dissolved companies.
But the Duchy does not have to inherit any liabilities associated with the property if, like the Wigan site, it is considered ‘onerous’, under escheat law.
As a result, the Environmental Agency has limited powers unless the Duchy decides to take action.
“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,” An Environment Agency spokesperson 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.”
A Wigan Council spokesperson said: “This illegal waste site has had, and continues to have, a daily impact on residents who live nearby and on the bordering primary school.
“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.
“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.”
A spokesperson for the Duchy of Lancaster said: “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. The minority remainder vested to the Duchy from its previous owner in July 2025 under a process known as escheat.
“At this point The Duchy contacted Wigan Council to seek a resolution, and we remain fully committed to working with the local community and relevant agencies to address this issue and to counter the impact of illegal waste tipping.”
