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Contaminated Land

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The contaminated land regime has been set up to deal with the legacy of historic sources of pollution such as past industrial, mining and waste disposal activities.  The Environment Agency estimates that about 300,000 hectares of land in England and Wales are affected by industrial contamination.  This has significant implications not only for human health and the environment but also for landowners, developers, lenders and operators. 

Liabilities arise under the contaminated land regime set out in Part IIA of the Environment Protection Act 1990 where contamination harms or threatens to harm people, property, water supplies or eco-systems.  They can arise following action by the regulatory authorities requiring remediation works to be undertaken and/or court action taken by private parties.  In addition, even if contamination does not give rise to liabilities, a requirement to clean-up a site can be imposed by way of planning condition prior to redevelopment.  Provision is often made for liability transfer and the clean up of contaminated sites in the context of real estate and corporate transactions.

Helping to solve environmental problems that confront owners of contaminated land is the core part of our business.  We have broad experience in advising on compulsory clean-up, court action, acquisition and disposal of contaminated sites, allocation or transfer of liability, lender’s liability, the contaminated land tax relief, the appointment of environmental consultants and the regeneration and remediation of contaminated sites.

Get in touch

Andrew Waite

Andrew Waite

BLP
Partner, Environment
Isabelle Laborde

Isabelle Laborde

BLP
Associate, Planning & Environment