The following case law might be interesting

Case 1 suggests responsibility track up the chain- 

http://www.bailii.org/ew/cases/EWHC/Admin/2006/1083.html

On appeal to house of lords this one suggests it might not.

http://www.bailii.org/cgi-bin/markup.cgi?doc=/uk/cases/UKHL/2007/30.html
&query=transco+and+environment+and+agency&method=boolean

I suppose its in the balance 

However, leaving that aside having stared into the abyss, catalogued
everything costed it up and appointed engineers I would warn that some
people get very greedy if there is an open check book and they think
they can "kipper" the council.

I would suggest making sure you have a good system of checks and
balances to ensure that people are confident in the process.. and stop
people getting silly. I would suggest things like getting the budget
together and letting the contract is good for the Council to do..
cheeper and more efficient.

Depending on circumstance we may might feel it was best that these
residents contribute quite a significant sum... after all as our loss
adjuster pointed out "once this is over they can sell their houses..
what more compensation do they want?"- harsh but actually very true.
Also might it not be fair to consider the assets of the householders
thus if you have more you pay more? Although I can imagine that might be
very difficult to administer.. so you could base it on equity in the
property.

Finally I would consider having an absolute cap on ontributions in some
way if it goes horribly wrong. You might consider having some sort of
proper

Hope helps.


Rob Ivens
Scientific Officer
01306 879232
 

-----Original Message-----
From: Contaminated Land Management Discussion List
[mailto:[log in to unmask]] On Behalf Of Darren
Detheridge
Sent: 27 June 2007 15:31
To: [log in to unmask]
Subject: Waiving or Reducing Cost Recovery from Residents

Dear all,

I would be very grateful for any experiences other local authorities
have had with recovering costs from residents for remediation. We have a
former gas works redeveloepd to residential housing in 1950's and no
Appropriate A Persons. The residents would be the liable party. However
all residents could probably demonstrate that they were unaware of the
situation of the land when they purchased the properties and we are left
with a situation where we have to consider reducing or waiving the costs
based on the hardship test. 

Any hardship, cost recovery policies would be really appreciated

Many thanks in advance

Darren Detheridge

Darren Detheridge
Contaminated Land Officer 
Environmental Services

Direct Phone 01491 823244
Fax 01491 823201
Email: [log in to unmask]
Environmental Services Administration Team 01491 823214
Switchboard 01491 823000
 
South Oxfordshire District Council
Benson Lane
Crowmarsh Gifford
WALLINGFORD
Oxon
OX10 8NL
 
Visit us at www.southoxon.gov.uk ( http://www.southoxon.gov.uk/ )


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