'Mandatory Guidance' for Dealing with Contaminated Land: Paradox or Pragmatism?

Etherington, Laurence

doi:10.1093/slr/23.3.203

Cited by 2 publications

(1 citation statement)

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“…Nevertheless, using hard guidance to outline rules in a complex legal structure may, as Etherington suggests, have the effect of “undermining certainty” in the decision making process (Etherington, 2002, p. 214 and p. 221). This paper argues that the 2012 Guidance, brought in following a public consultation in 2010, has affected Part 2A’s ability to notify and remediate contaminated land.…”

Section: Austerity Changes Effecting Part 2a Planning and Development Incentivesmentioning

confidence: 99%

The contaminated land regime and austerity

Brown

2016

IJLBE

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Purpose The purpose of this paper is to investigate how the remediation of contaminated land has been damaged, perhaps immeasurably, in a period of devastating and crushing austerity. Design/methodology/approach A legal doctrinal and regulatory analysis of the contaminated land regime under Part 2A of the Environmental Protection Act (EPA) 1990 was used to investigate the extent to which austerity changes have affected future contaminated land identification and remediation. Findings Austerity changes have impacted upon Part 2A of the EPA 1990, the planning system and development incentives. The recent changes are going to contribute to the problem of the under-resourcing of local authorities and are likely to reduce voluntary remediation by developers. As a result, future contaminated land clean-up is going to decrease. Originality/value Originality/value is assured because, as far as the author is aware, there is no other literature in this research area dealing specifically with the coalition’s adverse impact on Part 2A; this paper fills the knowledge gap that existed in the research field.

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Section: Austerity Changes Effecting Part 2a Planning and Development Incentivesmentioning

confidence: 99%