Back
Effective 1 June, we have a new address: 34 Imperial Square, Cheltenham, Gloucestershire GL50 1QZ
Get in Touch Menu

Developers’ contamination nightmare

04 March 2006

Problems associated with land contamination can cast a very long shadow for developers.

Under environmental protection law, there is an ongoing risk that they could be served with a remediation notice many years after finishing a development.

This is exactly what had happened in a case that went to the High Court not so long ago. Land that had previously been used as a landfill site was found to be contaminated 20 years after the developer had sold off the last plot.

The court ruled that a developer could be made liable if he knew about the original substance causing the contamination.

In this particular case, not surprisingly so long after the event, the local authority and the developer had real problems producing evidence to show whether the developer had had the relevant knowledge at the relevant time or not.

One of our commercial property solicitor comments: “This case was a good reminder of the need to keep proper documentary records, especially where there is a greater risk of potential contamination.”

As always, if you need commercial and pragmatic legal advice, we’re here to help so please get in touch.

  Contact us

Contact
Alasdair Garbutt LLB (Hons)
Partner
View profile
Alasdair Garbutt
Related services
Share this article
Resources to help

Related articles

The Charities Act 2022

Real estate

After key changes to the law were proposed in May 2021, the new act received Royal Assent on 24 February 2022, and was passed into law as the Charities Act…

Charlotte Brunsdon LLB, BA (Hons)
Associate, solicitor

Regulation changes to see rise in energy efficiency standards

Real estate

From 1 April 2023, the Minimum Energy Efficiency Standards (MEES) regulations are set to become even stricter for commercial properties. The regulations were introduced in 2015 to target the least…

Charlotte Brunsdon LLB, BA (Hons)
Associate, solicitor

Webinar: Spring commercial property law update

Litigation & dispute resolution

In this Spring update our experienced partners in commercial property and property litigation will share insight on several topics. The first is a look at development land and will include…

Willans
Solicitors
Contact us