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Contaminated Land Cases and Developments
In conjunction with the publication of the Third Edition of Contaminated Land by Stephen Tromans QC, Stephen has set up this online updating facility to keep readers abreast of developments in the field of contaminated land. Entries are referenced to relevant paragraphs in the text for convenience. In this Stephen is assisted by Adam Boukraa, Barrister at 39 Essex Chambers.
Contaminated Land is published by Sweet & Maxwell and can be ordered here.
If readers are aware of interesting developments not already covered here, they are invited to email Stephen or Adam.
Quarrying, contaminated land and bromate pollution: mineral rights
In an interesting sequel to a well-known contaminated land case, or perhaps rather a chapter in an ongoing saga, Hertfordshire County Council has – contrary to the advice of its… Read more »
Legal Advice Privilege
The issue of legal advice privilege can be a highly relevant one in some environmental cases, both in relation to advice sought by a company subject to criminal or enforcement… Read more »
Waste Exemptions
The Court of Appeal decision in R v. Mustafa and others [2020] EWCA Crim 597 clarifies a short but important point on reliance on exemptions from the requirement for an… Read more »
Environmental Impact Assessment and Contamination: Screening
The High Court decision in R (Swire) v Secretary of State for Housing, Communities and Local Government [2020] EWHC 1298 (Admin) provides a useful example of the importance of adequate… Read more »
Regulators and legal professional privilege
The power of regulators to compel the production of documents is an important issue in many areas of environmental and planning law. In Sports Direct International Plc v The Financial… Read more »
Contamination and continuing nuisance
Limitation can be a difficult issue in many cases involving contamination of the environment, both in terms of when the contamination occurred and was discovered (which may be very different)… Read more »
Highway Run-Off and Water Pollution
The Environment Agency and Highways England have come under criticism in a recent article on toxic highway run-off: ENDS Report 3 March 2020. The article, based primarily on reports from… Read more »
Contaminated Land Inspection Strategy
Cornwall Council is consulting on a new contaminated land inspection strategy for 2020-2025: see ENDS Report 5 March 2020. The headline is that the Council has identified 1,920 potentially contaminated… Read more »
Planning permission and change of use: R (Smith) v Castle Point BC [2019] EWHC 2019
In R (Smith) v Castle Point BC [2019] EWHC 2019 the Planning Court considered the application of planning policy to proposals to develop land which may be contaminated, but which… Read more »
No Contamination at Scottish School Site
Further to our 11 July update, the Scottish school campus at the centre of a contamination controversy has been found to be safe: see ENDS Report 20 August 2019. The… Read more »
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