Use Of Enforcement Powers

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.


 

Use Of Enforcement Powers


Two recent Welsh cases, whilst contrasting in scale, emphasise the importance of regulatory enforcement powers under the Environmental Permitting regime to deal with contamination problems. In one case Natural Resources… Read more »

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Environmental Damage Regulations 2015


Use of these Regulations remains relatively uncommon, but a recent example was reported in ENDS report on 3 January 2019. Notice was served on fertiliser producer OMEX Agriculture Limited, which… Read more »

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Japanese Knotweed


The House of Commons Science and Technology Committee is conducting an inquiry into Japanese Knotweed and the Built Environment: see here. According to ENDS Report (23 January 2019) some witnesses… Read more »

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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 »

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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 »

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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 »

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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 »

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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 »

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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 »

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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 »

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