Owning or developing land can be a dangerous business. Environmental issues are of growing importance to businesses and individuals alike. Environmental regulation has tightened enormously in recent years and landowners, developers and those working in environmentally sensitive industries need to be alive to the impact their actions have on the wider community.
We provide a specialist service dealing with disputes that arise when activities conducted on land affect neighbouring landowners. Environmental nuisance disputes are on the rise because of the pressure on land use in our increasingly urban communities. Apparently minor works on land can have serious consequences for neighbours.
Environmental nuisances can arise in many ways, and the most common types include:
We provide a specialist service dealing with disputes that arise when activities conducted on land affect neighbouring landowners.
Disputes often involve large numbers of claimants, usually local residents affected by industrial or environmentally assertive activities. We act for both claimants and defendants and understand the different approaches required. That enables us to apply pressure to the right point at the right time.
We try to resolve disputes quickly by using mediation and other forms of alternative dispute resolution. If that fails, we offer a full litigation service to trial and beyond if necessary. Our lawyers have litigated environmental nuisance disputes in the Technology and Construction Court and the Court of Appeal.
Subject to an assessment of merits, we accept instructions from individuals on a conditional fee basis, and from businesses on either a conditional fee or a fixed fee basis.
As well as our extensive knowledge of the environmental issues involved in such disputes, we maintain good relationships with external experts and specialist barristers. We are members of the Environmental Law Foundation and the head of our team is a Trustee of the National Flood Forum.
Some recent examples of our work:
Acting for a property developer in pursuing a £2 million claim against a utility company for damages for diminution in the value of development land caused by water and sewage discharges.
Advising an NHS Primary Care Trust on environmental nuisance issues following internal flooding in premises owned by the Trust caused by works conducted upstream.
Representing a residents’ group in a claim against a local authority and waste management company concerning smells and dust emanating from a neighbouring council-owned industrial estate.
Acting for a number of residents in a claim against operators of a port arising from increased noise levels and emissions of dust with potential to cause personal injury.