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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 may be ordered at https://www.sweetandmaxwell.co.uk/Catalogue/ProductDetails.aspx?productid=30829640&recordid=9592
If readers are aware of interesting developments not already covered here, they are invited to e-mail Stephen or Adam at stephen.tromans@39essex.com or adam.boukraa@39essex.com
Progress in remediation
ENDS Report 27 September 2018 recorded that while there is no record of how many sites as a whole have been designated under Part IIA, a survey in 2007 reported… Read more »
Contamination caused by fire
Possible soil and water contamination caused by the tragic fire at the Grenfell Tower is being investigated: ENDS Report 3 December 2018. Concern has been raised as to possible deposition… Read more »
Funding for clean-up
Funding for the clean-up of contaminated land is increasingly problematic, but it appears that the Scottish and Welsh governments are doing a better job than their English counterpart (see ENDS… Read more »
Unlawful dumping of waste
The current plague of illegal waste operations continues, a recent trend being for the criminal to break into disused factory or warehouse premises to deposit large quantities of waste. ENDS… Read more »
Clean-up and companies in liquidation
Two Scottish cases have considered the issue of the relationship between statutory clean-up requirements and corporate insolvency. In Joint Liquidators of Doonin Plant Limited [2018] CSOH 89 the liquidators sought… Read more »
Screening for EIA
For an example of screening in relation to development of a housing site on contaminated land, see ENDS Report 11 December 2018. Swindon Borough Council determined that EIA was not… Read more »
Japanese Knotweed
ENDS Report 7 December 2018 notes the conviction of a Bristol company under the Anti-Social Behaviour, Crime and Policing act 2014 for failing to comply with a community protection notice… Read more »
Remediation and odours
As noted in the text, land remediation can generate serious odour problems which may have legal implications. Examples have been reported at the Southall Waterside Development (a 3,750 home mixed… Read more »
Call +44 (0)20 7832 1111 for more information