Good point by David and others about liabilities above ground floor level one I think is best addressed through planning where possible. We used to condition in my last authority (which had an uncomfortable number of landfill sites and where impacts to above ground floor properties was a direct risk) and we currently recommend an informative where above ground floor development is on a site of potential concern specifically addressing future liabilities to those above ground level. In terms of EIRs think this is best left for the conveyancers!
Kind regards
Robert Tyler
Principal Pollution Control Officer - Land, Air & Water
London Borough of Hackney
Health and Community Services
PO Box 70210
E8 9EJ
Tel: 020 8356 4827
For further information on Land, Water and Air issues see: http://www.hackney.gov.uk/pollution-2.htm
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1. General Environmental Information: Whilst all reasonable care has been taken to ensure the accuracy of the information and data provided within this correspondence, the Council accept no liability for any loss or damage howsoever caused arising from any reliance placed by any other person upon the information and data contained herein.
2. Relating to Planning and Olympics Issues: The responsibility to properly address contaminated land issues, including safe development and secure occupancy, and irrespective of any involvement by this Authority, lies with the owner/developer of the site.
-----Original Message-----
From: Contaminated Land Management Discussion List [mailto:[log in to unmask]] On Behalf Of David E Jackson
Sent: 28 November 2016 11:32
To: [log in to unmask]
Subject: Re: OFFICIAL: RE: Part IIA liability
Dear all.
We should take care not to mix risk with liability. Although it is true the upper floors may be at lower Risk than the ground floor - depending on the nature and extent of the contaminant and exposure scenario, the extent of individuals liability is entirely based on their respective pecuniary/financial interest in the land.
This does throw up any interesting scenario where the owner of the penthouse apartment, where there may be no risk, is equally or more liable by virtue of his/her owners premium investment in the roof terrace, for the clean up cost. I suppose there may be some justice after all!
Cheers David
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