Introduction

In 2008, The Killers released their hit song “Human”. Earlier this week, Spotify delivered it to me during a shuffle session.

Firstly, it reminded me that even in 2025, it’s still an absolute banger.

Secondly, the iconic line “Are we human? Or are we dancer?” got me thinking. I ended up deep in a Reddit rabbit hole, searching for what Brandon Flowers might have meant.

Some say it was inspired by a quote from Hunter S. Thompson: “We (America) are raising a generation of dancers.” Others suggest it’s about rejecting societal control and not dancing to the puppet master’s demands.

I'm still not sure. But it got me thinking about a question that matters to us at Clear Environmental:

Are we consultants? Or are we just report authors?

The Regulatory Problem

In the UK, environmental consultants must understand and apply a wide range of guidance and legislation: the Environmental Protection Act 1990, Land Contamination Risk Management (LCRM), CIRIA, CL:AIRE, NHBC, SOBRA, British Standards… the list goes on.

But guidance isn’t one size fits all. It’s not black and white. It’s a best-practice framework to interpret and assess environmental risk.

And because no guidance can account for every eventuality, especially in complex contaminated land scenarios, this is where the role of the consultant comes into play.

We can’t be driven solely by a number or a value in a document. The environment is a complex, interconnected system. Reducing it to a single gas threshold or soil concentration does a disservice not just to the environment but to the skills and judgement we bring as professionals.

Environmental Due Diligence - Why Guidance Alone Doesn’t Work in Commercial Property Deals

Much of UK contaminated land guidance is tailored to redevelopment, assessing sites for “unacceptable risk” to human health or the environment.

LCRM, for example, sets out a clear four-step process

1. Phase 1 Desktop Study
2. Phase 2 Site Investigation
3. Remediation Strategy
4. Verification/Validation

This process makes sense when a site is changing use. But for commercial property transactions, where no change of use is proposed, this doesn’t always align with commercial realities.

Deals often hang on the ability to receive quick, informed advice. A six-week site investigation programme won’t serve an investor looking to complete in two weeks.

That’s where consultancy steps in. If we identify elevated risk, we must consider all options, including Environmental Insurance, which can transfer residual liability associated with historical contamination.

These products can be arranged in days and transferred to future purchasers. They enable the deal to proceed while managing risk, something guidance alone doesn’t always account for.

If we were report authors alone, we might stop at recommending a site investigation. But that could stall or kill the deal. As consultants, we provide commercial solutions.

Site Condition Reports for Lease Surrender - How Consultants Help Landlords and Tenants Manage Environmental Risk

Clear Environmental has recently been involved in environmental dilapidation claims. These often arise at lease surrender, where contamination or environmental liabilities become a financial or legal issue.

Sometimes, it’s clear that tenant activities have caused contamination, for example, a significant fuel spill.

But more often, it’s unclear. Industrial sites may have decades of historical use. Without a baseline report from the start of tenancy, how can you prove whether a spill happened in 2015 or 1985?

To protect both landlords and tenants, two things should be considered:

1.Clear Lease Obligation

• Precisely define the leased premises, including the ground beneath the site, and specify the tenant's responsibilities concerning these areas.
• Carefully draft repairing covenants to clarify the extent of the tenant's obligations, distinguishing between maintaining the property's current condition and improving it.
• Include responsibilities to comply with environmental legislation and to report any known contamination during the term of the lease.

2.Baseline Site Condition Reports:

• Establish environmental conditions at lease commencement.
• Provide a reference point to evaluate whether conditions have materially deteriorated at lease end.

These aren’t standardised in guidance unless required by a permitted activity. But they should be considered for any lease involving potentially contaminative activity as they offer clarity, protect asset value, and minimise legal disputes.

Land Remediation Relief - Spotting Opportunities Others Might Miss

Another area where consultancy shines is identifying financial opportunities.

Land Remediation Relief (LRR) is a government incentive that allows companies to claim enhanced tax relief on qualifying remediation costs.

It is often overlooked and many landowners simply are not aware of LRR.

A consultant with awareness of LRR can:

• Identify eligible works early
• Ensure appropriate records and reporting are maintained
• Liaise with accountants to optimise the claim

This kind of insight is rarely included in a standard report. But it can deliver significant savings.

Being a consultant means seeing beyond the report we are writing and considering the wider commercial aims of the project. We need to ensure we are adding value to the schemes we are involved with, especially by means our clients may not even be aware of.

Conclusion

Are we consultants, or are we just report authors?

At Clear Environmental, we believe our value lies in interpretation, not just documentation. Guidance exists for a reason, but it doesn’t always provide the full picture. Our role is to understand the science, apply the context, and deliver pragmatic, commercially aware solutions.

Being a consultant means going beyond the guidance to ask: “So what?”. What do you need to make an informed decision? Crucially, how can we help you get there?

Don’t just write reports. Consult.