Land contamination—issues in construction projects
Produced in partnership with ELM Law
Practice notesLand contamination—issues in construction projects
Produced in partnership with ELM Law
Practice notes
Managing Contaminated land Liabilities is an important consideration in construction projects. Liability for Land contamination is most likely to arise under the planning regime and the Contaminated Land Regime set out in Part IIA of the Environmental Protection Act 1990 (EPA 1990).
Remediation through the planning regime
The majority of land contamination in England and Wales is dealt with under the planning system. To ensure a site is suitable for a new use and to prevent unacceptable risk from pollution, the implications of contamination for development should be considered through the planning process to the extent that it is not addressed by other regimes, such as under the EPA 1990, Pt IIA, Building Regulations and environmental permits (see: Environmental permits and exemptions—overview).
The developer and environmental consultant should assess the potential risks from contamination before planning permission is granted for the development. Planning applicants should engage with the local planning authority and environmental consultant at an early stage of the application process, particularly if the land is determined as contaminated land under the EPA 1990, Pt IIA, to clarify
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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Land contamination definition
What does Land contamination mean?
Land contamination is a general term used to describe any land that may be contaminated in some way, but not necessarily at levels that attract contaminated land regime liability.
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