The following Environment practice note provides comprehensive and up to date legal information covering:
Anyone served with a remediation notice under the Environmental Protection Act 1990, Pt IIA (EPA 1990) has a statutory right of appeal against the notice.
There is no such right of appeal for a person on whom only a copy of the notice is served. Such persons are, however, entitled to be heard at any hearing if an appeal is brought by the appropriate person. If not, such persons may consider bringing judicial review proceedings.
According to the Environment Agency's (EA) report on Dealing with contaminated land in England, published in April 2016, two appeals have been made against remediation notices by LAs. Two appeals have been made against one remediation notice issued by the Environment Agency (EA). No appeals have been reported against charging notices.
In April 2017, the Secretary of State issued its decision in Jim 2 Limited in April 2017 which was an appeal to the Secretary of State against a remediation notice, challenging a decision that land was contaminated land by reason of a significant possibility of significant harm to human health. The decision was made publicly available in June 2017. The appeal was heard at a public inquiry in December 2015. The appeal was allowed on the basis that Wallsall Metropolitan Borough Council’s (WMBC) risk assessment had failed to demonstrate a significant possibility of significant harm, as required under EPA
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