Contaminated Land Remediation and Redevelopment

Legal Project Management of Re-Generation Project: London

Retained for the past five years by global real estate investor and developer [identity confidential] to project manage the legal, contractual, regulatory and insurance elements of the regeneration of a large former industrial contaminated site in the Thames river basin area in East London, divided into 13 different mixed-use development plots. Full range of services delivered included:

Advice on legal risk from contamination, offsite and onsite
Advice ‘future-proofed’ to address future EU and UK groundwater protection laws, Brexit, and future investor demands
Advice on legal risk during remediation phase
Advice on remediation corporation tax relief
Ad hoc advice on asbestos and other unforeseen contamination finds
Legal representative at site project meetings throughout remediation phase
Structuring and framing Remediation Works design and build contract
Co-ordinating all technical supporting documents for design and build contract
Structuring and framing technical remit of professional appointment contracts
Drafting support on drilling contracts
Legal representative on remediation works tender committee
Legal reviewing of contractor tender packages
Framing of remediation permitting strategies
Advice on hazardous waste/contaminated soils/definition of waste
Negotiation of all EA remediation permits and deployments
Negotiation of all EA river-based permits for works close to rivers
Advice on treated groundwater discharge permitting
Legal assessment of all site investigation and remediation strategy reports
Supporting technical negotiations for EA/planning approval of remediation strategy
Managing process for multi-plot discharge of remediation planning conditions
Framing structure for incremental discharge of all planning conditions
Negotiating and completing incremental discharge of all planning conditions
Legal review of all remediation supervisory and completion reports
Co-ordination of all data management including reporting duties under permits
Drafting of specialist civil engineering contracts and concrete supply contracts
Negotiation and drafting of specialist pollution insurance contracts
Setting up and framing of a new investor sales data room and management of all data.

Structuring contractual framework for lease, works contract and acquisition option for contractor carrying out regeneration of waste dump and historically contaminated site

Represented UK recycling and remediation contractor in structuring contractual framework required to protect client in a regeneration project involving initial lease and option to acquire freehold in significant site comprising an illegal waste dump and historically contaminated land – drafting specific protections in agreement for lease, lease, works obligations, legal drafting aspects of the technical works specifications and method state and acquisition option agreement – plus associated advice on the law on potential long-term liabilities of non-polluting contractor/landowner under both FRI lease and acquisition under Standard Conditions of Sale

Negotiation of permitting and other regulatory aspects of regeneration of waste dump

Represented UK recycling and remediation contractor in securing appropriate regulatory approval and permit for remediation and waste handling activities as part of regeneration of an illegal waste dump and historically contaminated land

Drafting and negotiating Insurance Bond for contractor carrying out regeneration of waste dump

Represented UK recycling and remediation contractor in drafting Insurance Bond to cover works associated with regeneration of an illegal waste dump and historically contaminated land

Bespoke Drafting for Remediation Works Contract – steelworks regeneration: SE England

Advised major London remediation contractor John F Hunt Remediation on specialist contamination aspects of both tender preparation and project contracts, including bespoke drafting for a proposed steelworks regeneration and the contract documents for an ongoing former gas works regeneration where the developer’s contract forms required extensive surgery in order to prevent client inheriting potential significant liabilities

Bespoke Drafting for Remediation Works Contract – gas works regeneration: London

Advised London remediation contractor John F Hunt Remediation on specialist contamination aspects of both tender preparation and project contracts, including bespoke drafting for a former gas works regeneration where the developer’s contract forms required extensive surgery in order to prevent client inheriting potential significant liabilities

Specialist advice and contract drafting for major inner-city regeneration scheme affected by chromium contamination: Glasgow

Retained for four years by Clyde Gateway Urban Regeneration, a special purpose vehicle set up for the regeneration of south-east Glasgow, to advise on the legal aspects of the de-contamination, remediation and preparation of a bankable ‘readiness for sale’ package and data room, in context of high profile, riverside industrial site at Commonwealth Games site affected by significant chromium contamination, including provision of ‘future-proofing’ advice under EU Water Framework Directive and Groundwater Directive. Service included specialist legal advice and contract drafting from commencement of site investigation and exploratory drilling operations, the remediation and piling phases, including close interaction and advising to the project management and civil engineering team; also drafting contractual documents to avoid indemnity exposure to vendors in site assembly land acquisitions for the purposes of the wider regeneration project.

Strategic advice on site investigation and remediation at early planning stages of new city centre regeneration: Leeds

Advised global real estate investor and developer [identity confidential] on legal and regulatory aspects of site investigation and remediation strategies for proposed regeneration and redevelopment of large city centre post-industrial site in Leeds. Services included:

Advice on legal risk from contamination, offsite and onsite
Framing of remediation permitting strategies
Advice on hazardous waste/contaminated soils/definition of waste
Legal assessment of all site investigation and remediation strategy reports

River Walls and Flood Defences Infrastructure Project: Thames Basin London

Advised Dutch piling and river works contractor Van ‘ t Hek Projects BV on the management of environmental legal risk, the drafting of all works and professional contracts, and handling of all regulatory permitting, associated with a major river walls and flood defence renewal project in London, involving complex raft of sensitive river-based works and permitting requirements

Strategic advice on site investigation and remediation at early planning stages of new city centre regeneration: Manchester

Advised global real estate investor and developer [identity confidential] on legal risk under groundwater protection laws as part of due diligence on proposed acquisition of large city centre post-industrial site in Manchester

Complex multi-plot pollution liability Insurance: London

Retained by global real estate investor and developer part of one of the world’s largest corporations [identity confidential] to design, draft, negotiate, and generally manage and co-ordinate the environmental pollution insurance strategy to support all future sales and long leases of completed development in major regeneration of a large complex contaminated London site. Services provided included:

Drafting bespoke clauses of risk coverage
Negotiation with London and German insurance companies on Policy wording
Co-ordination of pre-policy due diligence/full disclosure package for insurers
Handling of all meetings with German insurers
Finalisation of policy wording
Co-ordinating all technical supporting documents for policy

Management and co-ordination of all legal aspects of a major river defences infrastructure project: London

Retained by global real estate investor and developer [identity confidential] to manage and co-ordinate all legal aspects of a major infrastructure project comprising the demolition and renewal of an entire river wall and river defences system within a large complex contaminated London site. Services provided included:

Advice on legal risks of contamination of river system during works phases
Legal representative at site project meetings
Structuring and framing River Walls design and build contract
Co-ordinating all technical supporting documents for design and build contract
Structuring and framing technical remit of professional appointment contracts
Drafting special contracts to accommodate residential moorings
Legal representative on river walls works tender committee
Legal reviewing of contractor tender packages
Framing of river/water environment permitting strategies
Negotiation of all Environment Agency river-based permits for works
Negotiation of all Canal & River Trust river-based permits for works
Supporting technical negotiations for EA/planning approval of river walls works
Managing process for multi-plot discharge of river walls planning conditions
Advising on Water Framework Directive compliance and EA negotiations
Legal review of all river walls works supervisory and completion reports
Co-ordination of all data management including reporting duties under permits

Specialist legal advice and liability management: explosives waste on development site

Advised BAE Systems the major defence and munitions corporation in respect of legacy contamination issues and practical legal guidance on regulatory requirements for explosives waste handling, treatment and disposal on a development site to be converted from explosives manufacture and waste disposal into a mixed use residential and commercial development

Specialist legal advice and liability management: cyanide contamination on riverfront development site

Advised major harbour and port authority Clydeport in respect of cyanide contamination migration next to a residential development site and on a major river estuary, drafting key documentation to keep liability threats and regulatory action at bay and setting up proper legal and technical documentation to ensure site not blighted in future

Supermarket developments on brownfield sites: specialist legal advice and contractual management – Tesco

Represented Tesco over an 8-year period during its large store expansion phase between 2003 and 2011, on a number of difficult new-build projects on contaminated sites across the UK, in all cases providing full liability protection through suites of inter-locking contracts and liability shields. Advised on a wide variety of situations, including former gas works, oil refineries, quarries and landfill sites, all being subjected to sensitive and difficult remediation strategies

Specialist legal advice and bespoke contract drafting for development works on former hazardous waste landfill site

Drafted bespoke non-precedent based set of contracts for BAE Systems in connection with intrusive development works that had to encroach into a hazardous waste landfill site, with detailed contract structures for liability shield, works programmes and all regulatory aspects

Specialist legal advice and bespoke contract drafting for new open cast mine under contaminated landfill site

Advised Keir Mining and handled all legal aspects of a novel scheme on behalf of this global mining operator to carry out open cast mining underneath a longstanding and heavily contaminated landfill, co-ordinating and drafting all contracts including cross-indemnities with vendor and negotiations with environmental regulator in order to secure the commercial objective of accessing rich coal reserves while preserving mining company from liability

Water Framework Directive advice in respect of surface mining project and inland water drainage and remediation

Advised Scottish Coal in respect of highly contentious surface mining project involving the draining and remediation of a loch, seeking to ‘future proof’ against liability under the EU Water Framework Directive, involving detailed submissions on the application of EU law with Government and regulatory authorities, and providing the legal advice in respect of design and execution of the works

Management and co-ordination of all construction permits: London river-side mixed use development

Retained by global real estate investor and developer [identity confidential] to manage and co-ordinate all piling and construction permits connected with riverside development on a large complex contaminated London site. Services provided included:

Framing of construction works permitting strategies
Legal representative at site project meetings on permits and legal compliance
Negotiation of all Environment Agency river-based permits for piling works
Negotiation of all Planning Authority approvals of multi-plot piling works
Negotiation of all Environment Agency river-based permits for construction works
Negotiation of all Canal & River Trust river-based permits for works
Negotiation of special permits for pedestrian and vehicle bridges
Managing process for multi-plot discharge of planning conditions
Co-ordination of all contractors’ risk assessments and method statements for environmental compliance and protection of river flood defence systems

Specialist Construction Contracts: London river-side mixed use development

Retained by global real estate investor and developer [identity confidential] to provide specialist support on main construction contracts and to provide lead drafting role in certain specialist contracts connected with riverside development on a large and complex contaminated London site. Specialist contracts drafted included:

Design and Build Contract for installation of onsite concrete batching plant;
Several concrete supply contracts;
Aggregates and cement supply contract

Sales data room design and development: London regeneration and river-side mixed use development

Retained by global real estate investor and developer [identity confidential] to design, manage and co-ordinate all sales data room requirements, content and structure for multi-faceted riverside development on a large heavily contaminated London site.