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Addressing Statutory Issues and Land Contamination in Construction Projects

Jun 9, 2023 | 0 comments

Jun 9, 2023 | Essays | 0 comments

Report to the Governors of Grove Park School


This report is documented on the developer’s behalf and is intended for the school governors of Grove Park School. It is based on a case study provided a derelict land near the school which the school intends to build a sports center. Currently, the land has two vacant industrial buildings, windmill motors, car maintenance workshop and is in bad shape with rusting cars and debris. This land also borders the River Wandle on the side which is polluted and silted. Initially owned by the local council and offered to the school for building a sports center, residential accommodation, and studios of artists. The report has been prepared while responding to the provided six points. These include key statutory issues needing consideration and other matters that in the future may affect the use of the site, statutory applications that are required for the site development, implications of the land contaminations, and key statutory considerations and the available sustainable options for the development of the green economy (Green, 2011). Other fundamental points that the report will factor include the tendering procedures for restoring the windmill, and lastly on how to deal with the matter of required taller houses.


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Key Statutory Issues That Need Consideration and Other Factors that Affect the Sites Future Implications of Land Contamination

Land contamination means destruction or degradation of the soil or earth’s surface as a result of human activities. The school land in the case study that needs the construction of a sports center is contaminated and, therefore, has several implications as discussed below.

The first implication of the contaminated land is that the construction workers will disturb and handle issues of contaminated materials. The excavation of the land might increase the movement of the contaminants. Moreover, some intrusive work during construction allows the contaminants to move deeper into the ground especially through the layers of materials that are low permeable like clay solid. Similarly, NetRegs (2015) pointed out that removal of the low permeability surfacing on the ground such as the tarmac surfaces may permit more infiltration of the contaminated materials below. Lastly, the environment can also be polluted when structures that contain contaminants like oil are removed.
Another implication of the contamination of the land are issues of design. The implication can be whether the design will introduce risk to the environment or human health or whether the design allows excavation of the onsite materials to be used. Additionally, another design implication is whether sulfate contamination is on the sports field, and this can weaken concrete during the construction of the sports center. Similarly, piling through a contaminated ground during construction can create a route for the contaminants to enter the groundwater (Health and Safety Authority 1999).
Another implication of contaminated land are issues of waste management. The implication is whether the excavated materials on the site can be utilized in the design, or there is a need for additional measures. Moreover, another issue is where and how the materials excavated can dispose of from the site. Similarly, another waste management issue is whether the materials excavated will need to be treated before being used or disposed of. Lastly, the cost of disposing of or treating the contaminated materials (NetRegs 2015).
Another implication of this contaminated school land for the construction of the sports center is the water issues. The rainwater that will pass through piles of contaminated materials on the land can carry dissolved pollutants into the ground. Similarly, the water that will be removed during the excavations of the contaminated land can be contaminated, and this can affect how it is disposed of or may need treatment (NetRegs 2015).
The last implication of contaminated land is safety and health and issues. There will be a need for the construction workers of the sports centers and other facilities to prepare for their risk assessments on health and safety and the subsequent work methods that take into account the present contaminants (NetRegs2015).

The Green Agenda

In pursuing the green agenda, Ma (2011) writes, the key statutory consideration during construction include:
All buildings that would be constructed on the land including the sports arena, offices, and other infrastructure must be designed, adapted, built, and maintained in ways that meet many societal changing needs (Bastianelli, Ness & West, 2003). These buildings must provide environments around the school where people work and live efficiently and enjoyably and which encourage social communities to flourish and encourage working
Another key consideration is that during the construction of the new facilities is the impact on the natural environment. They mostly use green energy consumption during their operations. These facilities will have an impact on the local environment in terms of the appearance of the locale, how they function, and how they change nature. Generate wastes and pollution from their construction and operations. This has implications for the usage of non-renewable resources
In pursuing the green agenda, the sports center construction should also consider re-using and recycling materials to reduce consumption and save.
The sustainable options available for the development are many. Sustainability means that the construction and the lifestyle of the facilities should be to conserve the environment for future generosity. Sustainable construction outlined by the Department of the Environment, Transport and the Regions (DETR) has the following key issues of social progress that recognize everyone’s needs, effective environmental protection, use of natural resources prudently, and maintenance of stable and high levels of employment and economic growth. The sustainable options that can be used as part of decision-making include:
1. Re-use of building assets that are existing
2. The design should be for minimum waste especially for efficient use of resources
3. Leaner construction that emphasizes waste elimination, continuous improvement, money value, and the satisfaction of the users who in this case would be the school.
4. Usage of global climate change. Previously solar energy should also be minimized during construction since much energy has been consumed in the production and transportation of the products for construction
5. Minimization of the target market. The new brand tried capturing the energy in use, which is a consideration that should be given to the efficient energy solutions in the design. Some of the options available include passive systems that use natural light, thermal mass, air movement, and renewable sources of energy
6. No environmental pollution from the construction
7. activities that result in physical healthiness. For example, proper diet, ensuring that all meals are balanced, and taking a lot of Water sources conservation that is the design should have increased water efficiency in water conservation and in building services within the built environment.
How to develop a constructions site that is taller than the neighboring houses to avoid disputes with neighbors

The school intends to build some of the buildings that will be higher than those of the neighbors, and this may reduce lighting to their houses. Moreover, some of these buildings may be located less than one meter from the neighbors’ houses. To minimize disputes, the following measures should be taken by the school and also the construction professionals of the sports center (World Bank, & International Finance Corporation 2013).
First of all, the school needs to engage a qualified professional to assist and advise on the intended building works. The qualified professionals include a professional engineer or an architect who has relevant expertise and training in building works. The registered architect will advise the school on the aspects of architectural designs of the house while the professional engineers consulted will advise the school on loading and structural issues. Secondly, the school needs also to inform their neighbors about their plans and also the estimated construction duration. Particularly the school needs to find out from the neighbors if there are any concerns with the intended construction on the land. Lastly, they should seek agreeable resolutions to both parties before the commencement of the construction (URA 2014).
It is also important that the professional engineer contracted by the school to conduct an impact assessment such as damages and disturbances of the proposed construction works to the surrounding properties that are about one meter away. URA (2014) suggested that if the proposed construction works on the school land are found to be having an impact on the neighboring properties, then the builders should ensure that they take the necessary safety precautions in addition to conducting close monitoring of the neighboring buildings affected buildings affected
Another measure the school should take is to engage a registered surveyor to undertake boundary and topographical surveys of the land and the school property before starting construction work. This will help confirm the boundary of the property and to prevent potential boundary disputes with their neighbors. All pre-existing conditions should be recorded, and the neighbors gave a copy of the survey report, which will act as a reference for any damage claims or disputes with the neighbors (URA 2014).
Given that some of the buildings will be as close as one meter from the buildings of their neighbors and their walls, the contracted builders of the school sports ground should take the necessary safety measures during their work to prevent the debris from construction from falling into the properties of their neighbors. Some of these measures include providing settings or hoardings along the common boundary walls of the school property and their neighbors (URA 2014).
Given that the land will be used to construct a sports center, other sports facilities like the swimming pools will be constructed with the audience areas built higher than the neighboring houses. To avoid a dispute with the neighbors from light obstruction or loud noise and dust from the construction site given that some of the buildings will about one meter away from the neighbors, the school need to inform their neighbors and seek their understanding in addressing their concerns or even their feedback if necessary. Similarly, before constructing a building next to the neighbors’ wall or the boundary wall, it is important to inform them.
Measures should also be taken to prevent water from splashing from the rooftops of the tall buildings to the properties of the neighbors by the builders installing flashings on the buildings to redirect the flow of water downwards (URA 2014).

Key Statutory Issues

Construction and maintenance of properties involve coordination, planning, and oversight role by the relevant authority. Therefore, it is important to factor in key statutory issues by engaging in a dialogue with all the stakeholders involved in the construction project to ensure that the applications of statutory issues are met.

Environmental Impact Analysis

According to the Construction Specifications Institute (2014), environmental impact analysis is one of the most statutory that the school should consider for developing the site. Currently, planners, the local community, and developers increasingly acknowledge the relationship between economic development and environmental safety as central components of community development. Construction developments often predispose the environment to substantial impacts concerning the quality of land, air, water, and biological resources. Therefore, Mills and Mellor LLP should consider a robust environmental assessment to take precedence over the protection of the local community. Conducting a community-based environmental impact assessment would offer a systematic approach to identifying, describing, and evaluating the community’s human and natural resources to aid their decision-making process in the management of the project. However, conducting an environmental assessment does not provide that all identified resources must be protected; rather, it implies that the assessment facilitates project planning by assisting the relevant stakeholders (Construction Specifications Institute 2014). In sum, the assessment should identify environmental resources in the local, and it’s an environment that may be affected by construction development. Secondly, it would be prudent to evaluate the capacity of the community for additional development considering the priorities of environmental protection. Lastly, the school and the constructor should determine the specific groups in the community that may be affected directly o indirectly by the project.

Workplace Safety and Health

The statute legislation of workplace safety and health that governs the safety and health of the workers and the local community is an essential statute issue. The legislation mandates requirements for various stakeholders, including the occupier, principal, and employer to ensure that the safety of the persons working is guaranteed (Chartered Institute of Building 2014). Besides, Mills and Mellor LLP Construction Company should ensure that several subsidiary legislation, including risk management and incident reporting, is practiced in the project development. Under workplace safety and health, it is prudent for Mills and Mellor LLP to adhere to the registration of factories act that would require such construction to register with the relevant ministry or submit notification before the commencement of their construction. Also, the Royal Society for the Prevention of Accidents (1982) provides that it is important to conduct a comprehensive risk assessment to identify and document health hazards and safety measures associated with the projected development. This would include fencing the area and putting notices warning trespassers to avoid any casualties.


The utility regulatory framework mostly mentions electricity and gas supply. The energy market authority sets out the regulatory framework for electricity installation in the construction. Besides, it would be effective for Mills and Mellor LLP to ensure effective and efficient use of the energy resource during the construction period. The use of electricity and other energy sources may pollute the environment; therefore, it would also be appropriate for the company to adopt environmentally friendly sources of energy in the construction, planning, and maintenance phases of the project. The developer should also engage the relevant water service network such as a professional engineer to design, construct, alter, or repair the installation of water at the site. Also, the effective use of activities that results in physical healthiness. For example, a proper diet, ensuring that all meals are balanced, and taking a lot of water should be adhered to avoid any wastage of scarce natural resources (Victorian State Government 2006). Suitable disposal of polluted impact on our environment. Sometimes I find myself moving from the city and take a walk in the countryside where we have trees and freshwater should also be taken care of to avoid pollution of the available organizational culture according to Deiser, R. (2009p.229) is derived from people who created it. At price water sources for the community.

Statutory Applications

Building constructions follow a detailed procedure for developing a property. This includes obtaining essential statutory documents and licenses and permits, completing the required inspections and notifications, and obtaining utility connections. Smith, Love, and Wyatt (2001, p. 122) writes that dealing with construction permits expands businesses that ensure good practice in regulatory issues in constructions, as well as the assessment of safety and control mechanisms in place of the construction of the economic permitting system.

Submitting architectural plan fro approval and obtaining a provisional building permit

Mills and Mellor LLP would approach the relevant authoritative body such as the City Council to get the architectural plans to get approved. This would require the payment of a certain fee and a receipt to the development department in the area. The application is made to seek approval or permit of constructing the property and it passes through various departments, including the roads department, physical planning department, public health, effects of company privatization in productivity growth, and performance output. This article discusses the water authority, fire department, and electricity authority, according to International Conference On Civil Engineering And Urban Planning, Mohammadian, Goulias, Cicek, Wang and Maraveas (2014, p. 21). The departments will clear the respective sections of the plan and ascends to the project by granting various individual permits. Also, after obtaining the building permit, Mills and Mellor LLP would submit the structural project to a technical committee for final approval.

Obtaining environmental report

The development proposals on environmental matters consisting of environmental health, pollution control, sewage/sanitary, and drainage matters. The relevant body would screen ad assess the pollution and hazards impacts of the proposed school development to ensure they do not pose unmanageable health and safety hazards and pollution problems to the workers and the local population (SINGAPORE, 2010). Besides, it would ensure the wastes generated are well managed and properly disposed of. Therefore, Mills and Mellor LLP must make an application to a licensed environmental expert to prepare the project to get submitted to the environmental management agency. The report would then be channeled to relevant environmental management authority for approval of the project through an application (Rowlinson 1999, p. 278).

Request for Final Inspection

Mills and Mellor LLP would have to make an application to the relevant municipal authority after the construction to receive an occupancy certificate. The certificate would indicate that the property complies with the approved architectural drawings.

Application for utilities

These include an application for organizational culture according to Deiser, R. (2009p.229) is derived from people who created it. At price water and sewage connection to the relevant authority for payment of sewerage installation costs and obtaining a connection. The occupancy certificate must be attached to oversee the legality of the project.

Methods of Procurement

Traditional Procurement

In the traditional approach, the school would accept that design work will separate from construction. The consultants would be appointed for the design and cost control, and the contractor would be responsible for carrying out all works (Walker, Sidwell, & Hampson 1999, p. 17). The responsibility stretches to every workmanship and material, including all the works by suppliers and subcontractors. This approach provides that the contractor is appointed through a competitive tendering based on complete information. The method allows for an early start on the site, yet it also entails less certainty about the cost. In the traditional method, there is the use of negotiated tendering where the design and construction can run parallel to a limited extent (Walker, Sidwell, & Hampson 1999, p. 17). The main procurement methods include lump-sum contracts, measurement constructs, and cost reimbursement. Traditional procurement ensures accountability, competitive equity, and selection of an appropriate design.

Design and Construct Procurement

In this approach, the contractor accepts the responsibility of all or part of the design. There is always an express reference to this in the contract and the degree of design liability must be set clear (Victorian State Government 2006). Some design and construct procurement limits the contractor’s design liability to the usual professional duty to exercise reasonable skill and care. Therefore, independent consultants engaged by the contractor are no greater than normal. This method offers certainty in the contract sum and brings cost benefits (New South Wales Government 2005). Also, it offers a quicker start on site, and the close integration of construction and design can promote effective programming. However, it requires time for the client’s consultants to prepare an adequate set of requirements and comparison and evaluation of the schemes of competing tenders

Management procurement

New South Wales Government (2005) indicates that this includes management contracting, design and management, and construction management. In management contracting, the constructor has direct links with all the works contractors and is responsible for all construction works. In the construction management approach the contractors are paid a fee to manage professionally, coordinate design, facilitate collaboration and construction, and develop a program to improve the constructability of the project.

Recommended procurement method

Following the review, I would recommend the traditional procurement method. It is essential for a program that allows sufficient time and consultant design is warranted. Besides, it guarantees price certainty before the start of the project and produces a quality project. Considering that the construction site has numerous hazards and contaminations, the traditional approach would also ensure risk balancing in the construction site and between the client and the constructor. The school can also appoint designers and contractors separately. Concerning the windmill, traditional procurement offers variations to the contract, and it is a tried and tested method that is familiar. Therefore, it would offer a flexible procurement that would consist of all the listed factors for consideration.


Bastianelli, A. L., Ness, A. D., & West, J. D 2003, Federal government construction contracts. Chicago, Ill, Forum on the Construction Industry, American Bar Association.

Chartered Institute Of Building (Great Britain) 2014, Code of Practice for Project Management for Construction and Development. Hoboken, Wiley. http://public.eblib.com/choice/publicfullrecord.aspx?p=1747516.

Construction Specifications Institute 2013, The CSI construction product representation practice guide. http://public.eblib.com/choice/publicfullrecord.aspx?p=1161973.

Green, S 2011, Making sense of construction improvement. Chichester, West Sussex, UK, Wiley-Blackwell. http://public.eblib.com/choice/publicfullrecord.aspx?p=698126.

Health And Safety Authority 1999, Safety, Health and Welfare at Work (Construction) Regulations 1995: (S.I. no. 138 of 1995); guidelines. Dublin, Health, and Safety Authority.

International Conference On Civil Engineering And Urban case study in Los Angeles. Los Angeles: School of Architecture and Urban       Planning, Mohammadian, A., Goulias, K. G., Cicek, E., Wang, J.-J., & Maraveas, C 2014, Civil engineering and urban service delivery and policymaking. The experience, capabilities, and thinking of makers of policy, and those individuals who have liability for planning III: proceedings of the 3rd International Conference on Civil Engineering and Urban Planning (CEUP 2014), Wuhan, China, 20-22 June 2014. http://dx.doi.org/10.1201/b17190.

MA, U 2011, No waste: managing sustainability in construction. Farnham, Surrey, Gower.

Morledge, R., Smith, A., Kashiwagi, D.T 2006, Building Procurement. Blackwell, Oxford, UK.

NetRegs 2015, Impact of land contamination on construction work. [ONLINE]

New South Wales Government 2005, Procurement Methodology Guidelines for Construction. Version 1, February, NSW Government, Sydney, Australia.

Rowlinson, S 1999,  Selection criteria. In. Rowlinson, S., and McDermott, P. Procurement Systems: A Guide to Best Practice in Construction. E & F Spon, London, pp. 276-299.

Royal Society For The Prevention Of Accidents 2002, Construction regulations handbook: formerly the Building regulations handbook, and the Building & construction regulations handbook: a comprehensive guide to the safety, health and welfare requirements for building operations and works of engineering construction. Birmingham, RoSPA.

Singapore 2010, Guide on the construction of industrial developments in Singapore. Singapore, Building and Construction Authority. http://www.bca.gov.sg/Publications/others/Guide_on_Construction_of_Industrial_Developments_in_Singapore.pdf.

Smith, J., Love, P.E.D., and Wyatt, R 2001, To build or not to build? Assessing the needs of construction industry clients and their stakeholders. Structural Survey, 19 (2), pp. 121-132.

Urban Redevelopment Authority (URA) 2014,  “BE GOOD NEIGHBOURS: A home owner’s guide on good practices to follow when carrying out building works in landed housing estates.” [ONLINE]: https://www.bca.gov.sg/Publications/others/Be_Good_Neighbours.pdf. [Accessed April 10, 2015].

Victorian State Government 2006, Project Alliance Practitioners Guide. Department of Treasury and Finance (http://www.dtf.vic.gov.au/projectalliancing)

Walker, D., Sidwell, A. & Hampson, K 1999, Project Procurement and Alliances – A Continuum of Competition to Cooperation, RMIT, Melbourne

World Bank, & International Finance Corporation 2013, Doing business 2013 smarter regulations for small and medium-sized enterprises. Washington, D.C., World Bank. http://elibrary.worldbank.org/doi/book/10.1596/978-0-8213-9615-5.

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