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View the related practice notes about Radioactive substances activity

Land contamination—potential liabilities

Land contamination—potential liabilities Types of land contamination liabilities There are several types of liabilities associated with land contamination that are summarised in the table below. Regulatory action Third party liabilities Contractual liabilities Other liabilities Planning regime Private nuisance claims for off-site migration Landlord and tenant obligations Clean-up, investigation and monitoring costs Contaminated land regime Public nuisance claims Indemnities in sale contracts Loss of property value Environmental damage regulations Claims relating to negligent advice Indemnities in corporate and sale and purchase agreements Delay or aborted transactions Water pollution legislation Personal injury claims Remediation agreements Accounting provisions Environmental permitting regime Misrepresentation Insurance disputes Negative publicity Planning regime Most land contamination is addressed voluntarily when land is developed or redeveloped through the planning system. The National Planning Policy Framework sets out the planning policy to manage land contamination risks. Question Answer Who is liable? The developer is responsible for ensuring that a development is safe and that the land is suitable for use, see NPPF, paras 196–198.The Local Planning Authority...