The following Environment practice note provides comprehensive and up to date legal information covering:
The owner or occupier of contaminated land (grantor) has a statutory obligation to allow remediation works to be carried out by the grantee under the Environmental Protection Act 1990, Pt IIA (EPA 1990). This applies where a Class A person (see Practice Note: Contaminated land—identifying Class A and B appropriate persons) is no longer in possession of the site and has no rights of access to it.
The grantor must grant, or join in granting, a licence or similar permission that enables the grantee to enter the land and carry out the work.
Before the remediation notice is served, the enforcing authority must use reasonable endeavours to consult with those parties who might be required to grant access to the grantee, though this requirement does not apply where there is imminent danger of serious harm.
There is no statutory mechanism for expediting the consent of those parties should they refuse. If consent is refused or delayed, the appropriate person may need to commence civil proceedings to secure the grant of rights to access the contaminated land.
Where rights are granted by a person(s) to access land, that person is entitled to make an application for compensation. Any compensation determined is payable by the appropriate person. See Practice Note: Contaminated land—identifying Class A and B appropriate persons.
The regulations set out a code for
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Who is a fiduciary?There is no comprehensive list of the relationships which give rise to the existence of fiduciary duties under common law. Some relationships are automatically fiduciary, eg those between trustee and beneficiary, solicitor and client, principal and agent, business partner and
An intention to create legal relations is requiredThere are various situations in which a court will hold that an agreement is not binding because, though supported by consideration, it was made without any intention of creating legal relations (see, eg, Blue v Ashley).Did the parties intend to
What is recklessness?In respect of some statutory offences and common law crimes the prosecution are required to prove a mental element of recklessness on the part of the defendant.Recklessness means unjustified risk taking on the part of the accused.Prior to the House of Lords decision in Re G
The Standard Conditions of Sale (SCS), currently in their 5th edition (2018 revision), are a set of standard conditions which are commonly incorporated into contracts for the sale of residential property. The Standard Commercial Property Conditions (Third Edition—2018 Revision) (SCPC) are used for
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.