The environment is all around us and our interaction with it is increasingly regulated. The Scottish Parliament has law making powers in respect of the environment so that environmental law is no longer the same UK wide. 

The Scottish Parliament has already made considerable strides in passing environmental legislation in particular in relation to nature conservation and water law. A number of further measures are contemplated.

Environmental law is all about sustainability and public health and well being. Sustainability is the concept of ensuring that the planet is viable for future generations.  

Any property or business transaction will have an environmental slant to it. Has any property which has been bought and sold been used in a contaminative way or in breach of any concerns or licences that the property may enjoy?  Has the business you might be acquiring been operating in breach of environmental legislation. Whilst the polluter pays principle applies an innocent purchaser could find themselves facing substantial clean up costs where the original polluter cannot be found. There is no escape from environmental law which covers by way of example:

• anti-social behaviour
• climate change
• electrical goods disposal
• environmental impact assessments
• health and safety
• industrial processes
• nature conservation
• noise
• nuisance
• packaging
• planning
• recycling
• renewable energy
• the built environment
• the unbuilt environment
• transport emissions
• use of land or property
• water, waste, discharge and other consents
• wildlife crime

We have the expertise to advise you in all these matters and whether you own property or operate in industry you will as can be seen from this list (which is not exhaustive) routinely face environmental concerns. These not only occur when planning new developments but can arise through the daily use of the property or industry practice.  We also routinely advise on both the inter-relationship between planning and environmental controls as well as on pure environmental or pure planning matters.

For more information please contact Alastair McKie or Jim Drysdale