The over-riding principle of taking account of potential contamination during the planning decision making process should not though negate the need for flexibility when making judgements on the circumstances of individual planning applications. In the instance mentioned, imposing conditions of this nature on an application by a resident requiring a simple extension to an existing residential property still seems unnecessary, and certainly not in keeping with the intention of PPG23. In this instance the current use and circumstances will not have altered, therefore rendering this situation one that ought really to be dealt with under Part IIA.
-----Original Message-----
From: Andy McClements [mailto:[log in to unmask]]
Sent: 26 March 2004 11:53
To: Norrie, Gordon; [log in to unmask]
Subject: RE: Herbicides and Pesticides
The principle question must be is potentially contaminated land a 'material
consideration' to the planning authority? Yes of course it is I would refer
to PG23 and the 'suitable for use' approach. The Statutory Guidance on Part
IIA: Planning and Development states that the planning authority should
satisfy itself that the potential for contamination is properly assessed,
and development incorporates any necessary remediation. It is also
incumbent on the planning authority to consider the risks from existing
contamination of a site, the potential risk from development works, and/or a
proposed use, to contaminate a site or surrounding area. (THIS IS IN
CONTRAST TO THE APPROACH OF PART IIA, WHERE ONLY THE CURRENT USE AND
CIRCUMSTANCES ARE CONSIDERED).
Therefore it would seem reasonable to request that the developer undertakes
a desktop study and builds an initial CSM of the proposed development site.
Andy McClements
Senior Environmental Health Officer
Comhairle nan Eilean Siar
Department for Sustainable Communities
Sandwick Road
Stornoway
Isle of Lewis
HS1 2BW
Western Isles
Tel: 01851 709492
Fax: 01851 709287
email: [log in to unmask]
______________________________________________________________________
This email has been scanned by the MessageLabs Email Security System.
For more information please visit http://www.messagelabs.com/email
______________________________________________________________________
________________________________________________________________________
This e-mail has been scanned for all viruses by Star Internet. The
service is powered by MessageLabs. For more information on a proactive
anti-virus service working around the clock, around the globe, visit:
http://www.star.net.uk
________________________________________________________________________
This email may contain privileged/confidential information.
It is intended solely for the person to whom it is addressed.
If you are not the intended recipient you may not copy, deliver or disclose the content of this message to anyone.
In such case please destroy/delete the message immediately and notify the sender by reply email.
Opinions, conclusions and other information in this message that does not relate to the official business of Sevenoaks District Council shall be understood as neither given nor endorsed by the Council.
Visit the Council at WWW.SEVENOAKS.GOV.UK
_____________________________________________________________________
This message has been checked for all known viruses by Star Internet delivered through the MessageLabs Virus Control Centre.
|