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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.
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 »
Contamination From Fires
A striking example of soil contamination arising from fires is the reported finding of unsafe levels of lead in a number of Paris school playgrounds, following the disastrous fire at… Read more »
Archbold Review: Environmental Crime at Ambridge
Stephen Tromans QC has recently published an article in Archbold Review on the fictitious case of Environment Agency v Brian Aldridge. ‘The strapline of “The Archers” used to be “an… Read more »
Land Remediation and Odour
It has been reported that legal action is in prospect in respect of the Southall Waterside site, noted as problematic in terms of odours from remediation on this website previously… Read more »
Scottish school site to be tested for contamination
The Scottish government has announced that a school site in Coatbridge, North Lanarkshire is to be tested for contamination: see ENDS Report 5 July 2019. The announcement follows ongoing public… Read more »
Homes (Fitness for Human Habitation) Act 2018
With thanks to a student reader of the text for bringing it to our attention, this update concerns the Homes (Fitness for Human Habitation) Act 2018. The Act came into… Read more »
Civil Liability and Statutory Causes of Action
An interesting example of a recent civil claim for contaminated land is provided by the decisions of the Outer and Inner House of the Court of Session in McManus v…. Read more »
Contaminated Silt and Marine Licensing
As noted in the text, the deposit or disturbance of contaminated silt can present serious environmental problems. This was recognised by the Court of Appeal in R v. Frampton [2012]… Read more »
Dewan v Fife Council [2019] CSOH 5
In Dewan v Fife Council [2019] CSOH 5, the Outer House considered a claim against Fife Council under s.33(1)(a) of the 1990 Act. The case is of particular interest for… Read more »
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