News to me, but then its a long time since I wrote the legislation.
I wonder if things have got a bit muddled. Just to be clear (references to
the primary legislation are the same in England and Wales):
"Designation" only happens to special sites (s78C).
Contaminated land is "determined" (see s78A).
Notification of owners happens
a) before inspection (s108 requires 7 days notice)
b) on determination (relevant primary legislation is S78B(3), which says
nothing about a 5 day waiting period before determination).
c) when land is designated as a special site. (S78C also has nothing on
pre-notification of owners).
This is bad news of course as far as owners are concerned, who only get to
hear of things when the decision has been made. So some voluntary system of
chance to comment might be something a Local Authority would wish to include.
I do remember this being discussed when the bill went through Parliament,
but there clearly wasn't agreement to have a statutory requirement for
pre-notification.
The only final question is whether some other provisions cover this. I will
ask DETR if they can shed any light.
JMLowe
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