Remediation strategy & implementation

Remediation strategy & implementation

Development of brownfield sites requires specialist input to ensure that necessary remediation can be identified and is carried out satisfactorily, as well as being validated appropriately.

Our team can assist you in putting in place the most appropriate appointments for environmental consultants and remediation engineers.

We also see that clients have adequate but institutionally acceptable protection, or have appropriate rights to rely on the work carried out and can obtain additional rights (in a satisfactory form) for funders, joint venture partners, purchasers and tenants.

As specialists in this field we can advise on matters including:

  • the statutory contaminated land regime and other applicable environmental legislation
  • potential liabilities owed to third parties
  • portfolio wide management of environmental liabilities
  • liaison with the Environment Agency and local authority to put in place and implement remediation strategies, to discharge planning conditions and to sign off remediation works
  • waste management and waste disposal requirements
  • the need for and compliance with environmental permits, licences, registrations and exemptions
  • hazardous substances such as asbestos
  • issues with Japanese knotweed
  • ecology and protection of habitats and species
  • environmental liability transfer clauses in sale and purchase contracts and other ways to provide for environmental liability in a commercially acceptable manner
  • putting environmental insurance in place

Work highlights

  • Advising a large house builder on the acquisition of a former Ministry of Defence site. Advice included assessing the adequacy of the remediation package on offer, inserting additional remediation requirements into the purchase contract and advising on environmental liability transfer clauses
  • Preparing a remediation statement relating to a contaminated site for J Murphy & Sons The statement was submitted to the planning authority to assist in the grant of planning permission
  • Negotiating a site condition clause and other environmental protections for an international retailer acquiring an ex-industrial site on which to build a new store
  • Advising a leading technology company on potential liabilities associated with ownership of a former landfill site and on possible exit routes
  • Advise to a leading UK brownfield regeneration developer on environmental aspects of the development of a power generation site