The Environmental Law From A Property Owners Perspective   by Allan Hanlen

in Law    (submitted 2011-05-24)

The Environmental law is considered an obstacle by many property owners or developers. People feel that once they have property rights over a land or a building, it is their right to turn it into whatever they wish and use it however they may find it appropriate.

The headaches appear with the first plans, because land use planning is considered to have major consequences where the environment is concerned. Thus, there are specific regulations for the property owner to comply with at this stage. Numerous approvals and assessments are required from various boards and committees, and obtaining them involves specific documentation to prepare and procedures to follow. It requires the time, involvement, knowledge and patience that many property owners lack.

This is where property solicitors and environmental consultants can be of great help -they can assist you with dealing with the environmental law. They are to cover the aspects of the environmental impact on land use planning, preparing documentation and obtaining approvals, impact assessments, property transactions, financing, legal representations, warranties, risk allocation agreements and indemnities.

When the plans for a property involve use, transportation and storage of toxic substances, or emission of air or water polluting agents, the procedures and expenses involved are more complex, and impose a deeper knowledge of the environmental legislation and of the procedures to be followed in order to prevent negative impacts on the environment, on the community resources and on the health and safety of working in the surrounding area.

All these aspects to be covered make property owners perceive the environmental law with discontentment. From their perspective, there are no advantages, just regulations to follow, constraints to bear and additional expenses caused by the need for legal advice and the measures to be taken in order to evaluate and diminish or eliminate any threats to the environment.

The situation seems brighter when it comes to properties used within ecological projects and development plans. Depending on the national or regional environmental policy, there are not only less formalities to cover, but funding may also be obtained from the government, the authorities or various environmental organizations.

People in this line of business generally see the bright side of things, they understand and relate better with the regulations, conventions, principles and constraints imposed by the environmental law.

Let's not forget about the small owners, who, although at a lower level, also influence the environment. The procedures and the formalities to be followed by them are a lot simpler. However, they can play a major part in protecting the environment. Let us remember that most environmentalists were simple people, tired to see their forests cut down, the parks turned into skyscrapers and the air and water contaminated.

For them, laws can be a powerful instruments, as long as they know and fight for their rights, hopefully together. Each tree standing, each animal saved, each gallon of unpolluted water and each breath of fresh air will be a major contribution for the mankind and an undeniable proof that the environmental law on a local and international scale is the world's most valuable asset.

About the Author

Negotiating the maze of environmental law and policy is imperative for developers. Even environmentally beneficial developments such as wind farms have been frequently challenged using environmental issues. Environmental consultants are best placed to work with developers to achieve successful outcomes that meet the developers targets and those of the communities involved to ensure sustainability and protect landscapes.

Contact Marrons Planning Solicitors (www.marrons.net) your UK planning experts.