COMMERCIAL PROPERTY – EXAM NOTES
ENVIROMENTAL ISSUES AND CONTAMINATION
Local authorities are under a duty to identify contaminated land, and then notify the appropriate persons
Contaminated land is identified by area surveys or physical inspections of individual sites
Local authorities are not under a duty to require the land to be “pristine” but the land does have to be safe for the
purpose it is being used
STEP 1: IS THERE CONTAMINATION?
Definition s 78A(2) Environmental Protection Act 1990 = “any land which appears to a local authority to be in such
condition, by reason of substance in, on, or under the land that:
a) Significant harm is being caused or there is significant possibility of such harm being caused;
b) Significant pollution of controlled waters is being caused or there is a significant possibility of such pollution being
caused.”
Harm = “harm to the health of living organisms or other interference with the ecological systems of which they form part, and
in the case of man, includes harm to property”
Contaminant “linkage” = a contaminant, a pathway for it and a receptor. There must be a contaminant linkage for the land
to be deemed contaminated.
Contaminant is the substance causing the harm e.g. chemicals or toxic gas
Pathway is the way the contaminant is moving towards the receptor e.g. air or migration through soils to waterways
Receptor is the thing that is being affected / harmed / polluted by the contaminant
STEP 2: WHO ARE THE APPROPRIATE PERSONS?
Appropriate persons fall into 2 categories:
Class A: a person who caused or knowingly permitted the substances to be in or under the land
Circular v Sevenoaks – new owner was deemed to be “knowingly permitting” contamination because an agent knew
about previous infilling of organic vegetable matter
Crest Nicholson v SoS Environment – Both Crest and former owner fell into class A as persons “causing” the
contamination because the former owner originally put the chemicals on the land and Crest also caused the
contamination when, during development, they broke up the site and left it exposed for an extended period
Class B: the owner or occupier of the land
Only go to Class B if there is no Class A appropriate persons.
Owner is someone who receives rack rent, or would be entitled to receive rack rent. Excludes mortgagees not in
possession.
IMPACT ON PLANNING PERMISSION
Local authorities are concerned about land contamination as failing to deal adequately with contamination can cause
harm to human health, property and wider environment
PLANNING CONDITIONS
LPA can attach conditions to any permission they grant “as they think fit” – power is given to them by s 70(1)(a) TCPA
S 72(1) TCPA LPA can attach conditions:
ENVIROMENTAL ISSUES AND CONTAMINATION
Local authorities are under a duty to identify contaminated land, and then notify the appropriate persons
Contaminated land is identified by area surveys or physical inspections of individual sites
Local authorities are not under a duty to require the land to be “pristine” but the land does have to be safe for the
purpose it is being used
STEP 1: IS THERE CONTAMINATION?
Definition s 78A(2) Environmental Protection Act 1990 = “any land which appears to a local authority to be in such
condition, by reason of substance in, on, or under the land that:
a) Significant harm is being caused or there is significant possibility of such harm being caused;
b) Significant pollution of controlled waters is being caused or there is a significant possibility of such pollution being
caused.”
Harm = “harm to the health of living organisms or other interference with the ecological systems of which they form part, and
in the case of man, includes harm to property”
Contaminant “linkage” = a contaminant, a pathway for it and a receptor. There must be a contaminant linkage for the land
to be deemed contaminated.
Contaminant is the substance causing the harm e.g. chemicals or toxic gas
Pathway is the way the contaminant is moving towards the receptor e.g. air or migration through soils to waterways
Receptor is the thing that is being affected / harmed / polluted by the contaminant
STEP 2: WHO ARE THE APPROPRIATE PERSONS?
Appropriate persons fall into 2 categories:
Class A: a person who caused or knowingly permitted the substances to be in or under the land
Circular v Sevenoaks – new owner was deemed to be “knowingly permitting” contamination because an agent knew
about previous infilling of organic vegetable matter
Crest Nicholson v SoS Environment – Both Crest and former owner fell into class A as persons “causing” the
contamination because the former owner originally put the chemicals on the land and Crest also caused the
contamination when, during development, they broke up the site and left it exposed for an extended period
Class B: the owner or occupier of the land
Only go to Class B if there is no Class A appropriate persons.
Owner is someone who receives rack rent, or would be entitled to receive rack rent. Excludes mortgagees not in
possession.
IMPACT ON PLANNING PERMISSION
Local authorities are concerned about land contamination as failing to deal adequately with contamination can cause
harm to human health, property and wider environment
PLANNING CONDITIONS
LPA can attach conditions to any permission they grant “as they think fit” – power is given to them by s 70(1)(a) TCPA
S 72(1) TCPA LPA can attach conditions:
