James Carter and Sarah Holden, homeowners in Bristol, instructed Aldwych Legal after a neighbouring contractor deposited mixed waste, rubble and chemical residue on their land during redevelopment. The dispute involved environmental law, construction disputes and health & safety law.
What Happened
In late 2023 Northfield Construction Ltd carried out redevelopment works on a nearby site. During the works contractors deposited mixed demolition waste, rubble and materials with chemical residue on ground bordering the Carters’ and Holdens’ properties.
Neighbours reported foul odours and increased pest activity. Surface drainage became blocked and standing water appeared in gardens. A subsequent excavation commissioned by the homeowners revealed contaminated soil requiring specialist removal.
Following early correspondence the Environment Agency attended for an inspection and advised the homeowners to secure expert remediation advice pending a formal investigation.
Legal Issues
- Alleged breaches of the Environmental Protection Act 1990 and Hazardous Waste Regulations (duty to store and dispose of waste lawfully).
- Potential negligence, nuisance and trespass by the contractor for contamination of private land and obstruction of drainage.
- Health and Safety at Work Act duties and CDM Regulations implications for site management and control of hazardous substances.
- Regulatory enforcement by the Environment Agency and potential regulatory offences carrying compliance and remedial obligations.
Our Approach
We served a formal pre-action letter to the contractor and their insurers setting out breaches of statutory waste controls and common law duties, in line with the CPR and pre-action protocols for construction disputes where appropriate.
Aldwych Legal instructed independent environmental consultants to carry out soil and drainage testing and obtained detailed remediation costings. We coordinated reports on contamination levels, health risk assessments and long-term property impact.
Using expert evidence and insurer engagement, we negotiated remediation terms and ensured the Environment Agency’s findings were factored into the resolution.
Outcome
Northfield Construction Ltd accepted liability and agreed to fund complete site clearance, removal of contaminated soil and replacement with certified clean fill. The contractor paid for restoration works, landscaping and repair of affected drainage systems.
They also contributed to professional fees and temporary accommodation costs for the homeowners while remediation was carried out. The Environment Agency issued formal compliance warnings to the company and required enhanced oversight on future projects.
Result / Why It Matters
This matter demonstrates Aldwych Legal’s ability to secure prompt, practical remedies where contractors breach environmental and safety obligations, protecting homeowners from ongoing harm and ensuring appropriate regulatory follow-up.
