Environmental Protection

Legislation enables Local Authorities to require Landowners or Occupiers to clean up contaminated land

In some cases, they may not have been the Polluters. If the Polluter cannot be found, then the present Owner or Occupier can be made responsible. The Local Authority may do the clean-up work itself and recover the cost from the Polluter, Landowner or Occupier.

Local Authorities are under a duty to set up a system to inspect land, conduct site investigation and enforce the legislation. It is likely that the Local Authority will try to agree a "clean-up" strategy with the Landowner, Occupier or Polluter. If agreement cannot be reached, then formal notices will be served.   Failure to comply with the Notice without reasonable excuse will be a criminal offence punishable by a fine.

The degree of "clean-up" will depend upon the likely future use of the land . A residential site is likely to require a higher degree of "clean-up" than an industrial site. Local Authorities will no doubt deal first with environmentally sensitive areas e.g. residential ones.

It is now incumbent upon any developer to commission detailed surveys in respect of any land which might possibly have had a "dirty use" in the past .

Sellers will be asked increasingly, at the preliminary enquiry stage, to declare their knowledge of the history of any site. It will therefore be important to investigate and maintain a history of any site. If you own any Sites which may already be contaminated, you should be investigating the likely cost. Speak to your accountants about whether the future cost should be a charge against your profits for tax purposes.

Talk to us to discuss the exact extent of your liabilities and the possibility of tracking down the Polluter, if he was a previous owner

Call Michael Breeze on 07900 195 195 or call 0845 270 2511 to set up an appointment