Contaminated Land Development: Mixed-Use Properties

Contaminated Land Development:

Mixed-Use Properties

ZUNE TH

S AT TA R

Contaminated Land Development:

Mixed-Use Properties

When thinking of locations to start a mixed-use development, many developers are inclined to consider clean sites with no previous use.

H

owever, the use of industrial sites is encouraged, especially since developing on such land helps increase the use of brownfield land and can also preserve the site. A potential downside to building on an industrial site is that there is a chance the land may be contaminated, in which case remedial works will be necessary.

For developers, the presence of a national framework and laws regarding the remediation of contaminated land should guide such discussions. Indeed, there are ways to mitigate the risks involved and ensure that the resulting mixed-use development is fit for purpose.

Remediation Responsibility The law sets out who will be responsible for remediating a site, which in many cases is the party that ‘knowingly permitted’ the contamination.

If this isn’t known, the land’s current owner or occupier is deemed responsible. For a developer, gaining clarity on this matter is necessary to ensure the contamination is dealt with.

In some cases, the parties involved in the development can choose to take up shared responsibility for the remediation. When this happens, undertaking the necessary surveys and assessment is essential to reach an agreement.

THE LAW SETS OUT WHO WILL BE RESPONSIBLE FOR REMEDIATING A SITE, WHICH IN MANY CASES IS THE PARTY THAT ‘KNOWINGLY PERMITTED’ THE CONTAMINATION.

In some cases, the parties involved in the development can choose to take up shared responsibility for the remediation.

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