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Beneath Our Feet: Why Environmental Due Diligence Matters More Than Ever

April 2, 20253 min read

A recent ‘BBC Wales Investigates’ documentary, Britain's Toxic Secret, revealed an unsettling truth: thousands of sites across the UK are potentially contaminated with hazardous substances like lead and arsenic, yet shockingly few have been thoroughly inspected. In Wales, only 112 out of 698 identified high-risk sites have undergone inspection, leaving a staggering 586 unchecked. Across the broader UK, approximately 13,000 sites are considered high-risk, but only around 11% have faced in-depth scrutiny, largely due to a lack of funding within individual local authorities. This raises a crucial point for conveyancers: environmental diligence is not merely procedural; it is fundamental.

The Human Cost: Stories that Matter. The documentary highlighted heartbreaking personal cases, including the experience of Manon Chiswell from Cardiff, who suffered lead poisoning as a child due to contaminated soil near her home. Stories like these illustrate the tangible, life-changing impact environmental hazards can have, reinforcing the urgency of proactive environmental assessments.

Another powerful story discussed in the documentary was that of Zane Gbangbola. Zane, aged just seven, tragically died during floods in Surrey in 2014 due to suspected hydrogen cyanide poisoning from a landfill site beneath his home, a heartbreaking incident that led to ongoing campaigns for "Zane’s Law." This proposed legislation seeks greater transparency around historic landfill sites and contaminated land, making environmental assessments during property transactions an explicit legal requirement.

Climate Change: The Rising Risk. Moreover, despite funding challenges, contamination is not just a static problem; it is dynamic and becoming increasingly unpredictable due to climate change. Experts like Professor Mark Macklin from the University of Lincoln warn that the UK's shifting climate patterns, characterised by heavier rainfall, frequent flooding and extreme weather events, can exacerbate the movement and dispersal of contaminants like lead, arsenic, and industrial toxins. Floods, for example, can mobilise buried hazardous materials, spreading contamination to previously unaffected areas and increasing exposure risks.

Why Environmental Searches Are Vital. Environmental searches are not simply a tick-box exercise; they play a critical role in safeguarding property investments and public health.

Our Approach at Martello. At Martello, we do not treat environmental checks as a mere formality; we understand they are a necessity. We employ rigorous search methodologies and advanced data analysis to assess a property's complete environmental context, from historical land use to flood risk and potential contamination. Our team undertakes additional checks to obtain definitive answers first time, avoiding trivialising issues or unnecessarily alarming home buyers. This enables us to communicate clearly and proactively, ensuring conveyancers and their clients fully grasp the implications of our findings. It also means that when a risk is identified, you can have confidence that it's a genuine issue that your clients will want to be aware of to help them make the right choices. 

Moving Forward Responsibly. Britain's Toxic Secret is a call to action. For conveyancers, it is a reminder of the critical role we play in protecting individuals and families from unseen hazards. To further explore this important topic, we recommend watching the films Toxic Town and Dark Waters, and listening to the BBC podcast The Toxic Scandal.