Circular Facilities (London) Limited v Sevenoaks District Council
Language: English Publication details: 2005Subject(s): Online resources: Summary: [2005] EWHC 865 (Admin), 10 May 2005. Considers the basis upon which it decided that a property development company (C) had the requisite knowledge that land was contaminated for it to be an appropriate person upon which a local authority (S) could serve a remediation order for the purpose of the Environmental Protection Act 1990 s78F. Appeal by C against a decision that it was an appropriate person to receive a remediation notice in connection with contaminated land. The court found that C must have considered the soil inspection report identifying the contaminants at the site developed by C in the early 1980s and been aware of the contaminants and was therefore the appropriate person to serve the remediation notice. C contended that it did not know of the presence of the contaminants buried at the relevant time. "Held": appeal allowed. The judge's basis for concluding that C had knowledge of the contents of the soil report was unclear and he should have given clear reasons for his findings. He should have stated the factual evidence proving that a person who had considerable responsibility in connection with the development knew of the report's contents. The case was remitted for retrial. Remediation noticed withdrawn. Two parties settled out of Court . (See ENDS Report (375) April 2006, 17)| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | L130074 (Browse shelf(Opens below)) | 1 | Available | 130074-1001 |
[2005] EWHC 865 (Admin), 10 May 2005. Considers the basis upon which it decided that a property development company (C) had the requisite knowledge that land was contaminated for it to be an appropriate person upon which a local authority (S) could serve a remediation order for the purpose of the Environmental Protection Act 1990 s78F. Appeal by C against a decision that it was an appropriate person to receive a remediation notice in connection with contaminated land. The court found that C must have considered the soil inspection report identifying the contaminants at the site developed by C in the early 1980s and been aware of the contaminants and was therefore the appropriate person to serve the remediation notice. C contended that it did not know of the presence of the contaminants buried at the relevant time. "Held": appeal allowed. The judge's basis for concluding that C had knowledge of the contents of the soil report was unclear and he should have given clear reasons for his findings. He should have stated the factual evidence proving that a person who had considerable responsibility in connection with the development knew of the report's contents. The case was remitted for retrial. Remediation noticed withdrawn. Two parties settled out of Court . (See ENDS Report (375) April 2006, 17)