Circular Facilities (London) Ltd v Sevenoaks DC: the first ruling on an appeal against a remediation noticed under the contaminated land regime
Series: Journal of Planning and Environment Law ; October 2004, 1319-1329(11)Publication details: 2004Subject(s): Summary: Discusses the reasons behind and the outcome of the first prosecution under the Environmental Protection Act 1990 Part IIA involving a remediation notice. "Circular Facilities (London) Ltd v Sevenoaks DC" (Sevenoaks Magistrate Court, 15 June 2004) dismissed an appeal by C confirming a remediation notice served on C by S. The case is concerned with the interpretation of the knowingly permitted part of the term that establishes primary liability under Part IIA of the 1990 Act. In the absence of case law, the court referred to guidance set out in DETR Circular 02/2000. Draws several conclusions from this landmark case including the principle that it is sufficient that if a person knows about the presence of contaminates and fails to remove them, he/she is liable for prosecution.| Item type | Current library | Call number | Copy number | Status | Date due | Barcode | |
|---|---|---|---|---|---|---|---|
| Journal article | London Journal article | ABS68340 (Browse shelf(Opens below)) | 1 | Available | 127655-1001 |
Discusses the reasons behind and the outcome of the first prosecution under the Environmental Protection Act 1990 Part IIA involving a remediation notice. "Circular Facilities (London) Ltd v Sevenoaks DC" (Sevenoaks Magistrate Court, 15 June 2004) dismissed an appeal by C confirming a remediation notice served on C by S. The case is concerned with the interpretation of the knowingly permitted part of the term that establishes primary liability under Part IIA of the 1990 Act. In the absence of case law, the court referred to guidance set out in DETR Circular 02/2000. Draws several conclusions from this landmark case including the principle that it is sufficient that if a person knows about the presence of contaminates and fails to remove them, he/she is liable for prosecution.