Old Landfills

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.


Old Landfills

At the start of 2021 ENDS Report (15 and 18 January 2021) ran articles on the issue of the presence of old hazardous waste landfills in England and Wales, based… Read more »


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 »


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