Test 6 - "Introduction of Pathways or Receptors" (page 122-123 of the
Guidance).
The guidance states that Test 6 only applies with respect to developments,
on, or changes in use of, the contaminated land itself. Its purpose is to
exclude from liability those who would otherwise be liable solely because
the subsequent introduction by others of the relevant pathways and
receptors.
Any other VIEWS or comments on the following observation?
Limitation of Test 6
It seems to me that this test will only apply where the person carrying out
a later action is himself a Class A Person: that is, he caused or knowingly
permitted the contamination to be present. Therefore introducing a pathway
or a receptor following a 'relevant action as defined in the guidance' in
itself does not make someone a causer or knowing permitter of the presence
of the contamination.
...............................
In the usual course of events Test 6 would not a apply in respect to
developments on neighboring land even if there effect was to introduce a
receptor. This is because the person carrying out the development cannot be
said to be knowingly permitting the presence of contamination on the land
which presents the threat.
What happens if a person carrying out a development on neighboring land
(also owns the adjacent/neighboring contaminated land) introduces a pathway
or receptor?
Cheers
Andy
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