Darren
I could be entirely wrong here, but Part IIA is about paying for our past
and polluter pays. Assuming a similar argument to Circular Facilities then
the developer is responsible where the actions of the developer cause
pollution (i.e. cause the pollutant linkage). The question of knowledge is
entirely different matter to leave to the legal eagles.
One the issues might become who is the developer, especially when
developments can be put into Special Purpose Development vehicles which are
dissolved on completion and sale of the development and are not, or rather
he intention is not to have long-term parent company liability.
Hope this contributes to the debate.
Regards
Simon
Dr Simon Johnson
Managing Director, Global Environmental Partners
www.globalenvironmetalpartners.com
Tel: +44 (0) 845 603 4578
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-----Original Message-----
From: Contaminated Land Management Discussion List
[mailto:[log in to unmask]] On Behalf Of Darren
Detheridge
Sent: 19 September 2007 09:23
To: [log in to unmask]
Subject: Developers - Appropriate A Persons?
My understanding is that developers can be held as Appropriate A Persons
for creating a situation where residents are being exposed to
contamination (building houses on contaminated sites) hence they may be
responsible for creating the SPR linkage. If this is true, I was
wondering under what part of the guidance could a developer by deemed as
an appropriate person. knowingly permitted? - may not be the case (older
developments when contamination was not a consideration and not even
considered) as this requires knowledge that the substances were there
and possession of power to remove them. Caused? This requires the
developer to have been involved in an operation to which the substance
is attributable which is very unlikely unless the developer also
operated the industrial process.
Am I missing something or would older developers who had no knowledge
that contaminants were present when constructing the houses not be
deemed as Appropriate A Persons?
Although, didnt the EA consider Kennith Builders in the EA v NGG case
as an Appropriate A person? I understand that this was also an old
development, built before contamination was really considered hence
knowledge of contamination could be denied by the builders and they
could not have been deemed as a knowing permiter?
Any advice would be greatly received as we are considering persuing
developers for remediation of an old housing development on a former gas
works site.
Many thanks
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
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Crowmarsh Gifford
WALLINGFORD
Oxon
OX10 8NL
Visit us at www.southoxon.gov.uk ( http://www.southoxon.gov.uk/ )
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