Enviornmental Issues

Question 1

What pre contract searches are related to the environment

Answer 1

COP 29 to LA and LLC1 will show any contamination
Search coal authority’s mining records
Commission an Environmental desk top screening study
Ask owner using CPSE

Question 2

What is private nuisance U.K.

Answer 2

Unlawful Interference with enjoyment or use of land or some right over it

Question 3

Do you need a property interest in the land to bring a claim in private nuisance

Answer 3

Yes

Question 4

Defences to private nuisance

Answer 4

Prescription

Character of locality

Question 5

No defence to private nuisance

Answer 5

C came to it
Planning permission
Compliance with an environmental permit

Question 6

Is nuisance strict liability

Answer 6

Yes res

Question 7

Remedies for nuisance

Answer 7

Damages and injunction

Question 8

What is public nuisance

Answer 8

Widespread
Do something or failure to comply with legal obligations effect of which is endangerment of life, health,property, morals comfort or to obstruct public exercise or enjoyment or rights

Question 9

Do you need a property interest to bring a statutory nuisance claim

Answer 9

Nod Ds

Question 10

Under which act is statutory nuisance actionable

Answer 10

S79 EPA 1990rr

Question 11

Defence to statutory nuisance

Answer 11

Did what is best practice to counter or prevent nuisancer

Question 12

What is Rylands and fletcher nuisance and what are it’s requirements

Answer 12

Occupier of land:
Brought or kept dangerous thing on land
Ought to have reasonably recognised the risk however unlikely
Thing escapes onto or into another’s property

Must have foreseeability of damage

Question 13

Is damage for personal injury or death covered by rylands

Answer 13

No

Question 14

Defence to rylands nuisance

Answer 14

Act of god or stranger

Question 15

What is trespass

Answer 15

Intentional or negligence act which interferes directly with a person or his rights in land

Question 16

What is the name of the regime that regulates contaminated land

Answer 16

The contaminated land regime

Question 17

Who is liable under the contaminated land regime

Answer 17

Class A - caused or knowingly permitted the substance

Class B- land owner or occupier but not tenant or licensee

Question 18

What does knowingly permit mean in relation to class A people under the contamination of land regime

Answer 18

Knew of substance and had power to prevent it from being there

Question 19

Will a local authority uphold an agreement between class A and class B people

Answer 19

Yes

Question 20

How will the local authority enforce the contaminated land regime

Answer 20

Serve an enforcement notice

Offence not to comply

Question 21

When can a local authority NOT serve an enforcement notice under the contamination of land regime

Answer 21

When they are voluntarily remedying it
The act causing contamination is licensed
If authority did work it wouldn’t record costs on grounds of hardship

Question 22

Can a director or company secretary be personally responsible for contamination of land

Answer 22

Yes where a company commits an offence with the consent, compliance or neglect of the director, secretary or other person they are personally liable

S157 EPA 1990

Question 23

What duties to local authorities have regarding contaminated land

Answer 23

Must identify contaminated land and require clean up
Must be a link between contamination and significant harm or risk of significant harm
Serve remediation notice