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Brian Dennison
Partner What clients expect from a law firm in the 21st century are speed of response, technical ability, negotiating skills and commercial awareness. These are the qualities we strive to deliver.  |
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Enhanced Employee Earnings Click here to launch new window. |
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Glasgow Office HBJ Gateley Wareing 146 West Regent Street GLASGOW G2 2RZ MAP T: 0141 221 8251 F: 0141 226 4799 Edinburgh Office HBJ Gateley Wareing Exchange Tower 19 Canning Street Edinburgh EH3 8EH T: 0131 228 2400 F: 0131 222 9800 Registered office HBJ Gateley Wareing Exchange Tower 19 Canning Street Edinburgh EH3 8EH Registered Number SO300755 |
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| Environment and Planning |
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Q. I understand there is new land contamination regime, can you tell me more? A. Yes – new legislation has been issued through the
Scottish Parliament which states that the polluter is responsible
for contamination that they have caused although in the absence
of the polluter (e.g. no longer in existence) subsequent owners
and occupiers (amongst others) may also become liable. |
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Q. Who does this affect? A. This affects landowners, developers, investors, tenants
and lenders amongst others. |
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Q. I operate a heavy industrial business and there is pollution all over my land. Will I be served with a Notice requiring me to clean up? A. Not necessarily. If the land is not in such a condition
that it is causing (or there is a significant possibility of it
causing) significant harm to other organisms (including humans)
and ecological systems, or the land is not causing nor is likely
to cause pollution of controlled waters then you need not worry.
It may in certain circumstances be sufficient to fence off polluted
areas on your land. |
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Q. Who is responsible for monitoring this? A. Principally the Local Authorities have been given the
policing duties although they will liaise very closely with SEPA. |
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Q. I wish to change the use of my property from domestic use to commercial use. What should I be aware of? A. At the very least you should ensure that advice is taken
and an appropriate planning application is made to the Local Authority
for change of use. |
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Q. A neighbour has made an application to convert their building into an alternative use which will cause additional noise and disruption to me. Is there anything I can do? A. You should have been notified of the application and
should take immediate steps to inform the Local Authority of your
grounds of objection. Advice should be taken where appropriate,
as objections need to be based on general planning grounds. |
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Q. Will my general property insurance policy cover my land in the event that pollution occurs? A. Generally no as environmental pollution is a standard
exclusion from such policies. We are able to refer you to experts
in the insurance market who deal with such matters. |
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To discuss your requirements, please get in touch with: David Boyce (Senior Partner) Telephone: 0141 221 8251 Email: View Profile Alan Simpson (Partner) Telephone: 0131 554 8251 Email: View Profile |
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Frequently asked questions Select the relevant business area below to see the appropriate FAQs. 
Commercial Property
Construction
Corporate
Employment
Environment and Planning
Insolvency
Technology & Media
Liquor Licensing
Litigation
Private Client
Small Business |
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