I agree with Darren and you that this is the best way forward indded
some local horror stories would suggest that 

1. as the LA must determine the site- even if special and 
2. this has a right of appeal- note this is the determination ie the LA
is in the frame.

Then I think there are strong reasons for doing it the way you suggest
Mark.

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: 30 September 2008 15:03
To: [log in to unmask]
Subject: Re: Inspection of potential Special Sites by LA/EA

Mark,

We investigated a potential special site with funding from Defra and
with the EA's approval. If the EA give their approval for you to
investigate a potential special site then Defra should grant you funding
also, I would presume.

Call me if you want to discuss and I will retrieve the file.



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/ )


>>> Mark Newman <[log in to unmask]> 30/09/2008 14:55 >>>
Dear all,

This is aimed at councils whose districts/boroughs are located in areas

underlain by one of the geological formations described in Schedule 1
of the 
Contaminated Land Regulations 2006 (relating to Special Sites). I would
be 
particularly interested to hear from anyone with a similar geology to
that of 
Dover i.e. Upper Cretaceous Chalk. 

I have recently submitted a desk study to DEFRA to apply for funding to

inspect one of our sites within the top ten of our prioritisation list.
After 
discussion with the EA, it seems likely that the site will be regarded
as a 
special site, and that we, the LA will not be eligible to apply for
funding to 
enable inspection of the site. 

Herein lies the problem*..

Around 90% of my district is underlain by the chalk aquifer (as listed
in 
Schedule 1, Section 2), and the majority of the sites on my list are
likely to be 
impacted by hydrocarbons (as listed in Schedule 1, Section 1). This
means 
that almost every site in my district has the potential to qualify as a
special 
site. The funding system from DEFRA states that due to this, the LA is
unable 
to apply for funding to investigate the site. Therefore almost all of
my sites 
will have to be passed to the EA for further action (following
production of a 
desk study by myself). The EA obviously have larger areas to cope with,
and 
ever decreasing resources. Any sites passed to them would be
prioritised, and 
dealt with under their inspection program. This means that the sites
passed to 
them by us may not be inspected for considerable amounts of time, if at
all. 

I fail to understand why a LA cannot inspect a site with the EA acting
as 
principle consultees. Allowing the LA to collate the information needed
to 
determine a special site. This would facilitate the progression of the
councils 
inspection strategy, whilst easing the workload of an already
overstretched 
EA. Why does it matter whether the LA arranges inspections, rather than
the 
EA for potential Special Sites? POTENTIAL being the operative word! It
makes 
absolutely no sense. 

Basically I am wondering what consideration other councils have given
to this, 
as I regard it as a fundamental stumbling block with regard to the
progression 
of our inspection strategy. There must be other councils with similar
issues. 

Hopefully I have explained my frustration sufficiently! Any views,
comments or 
experiences would be welcomed.

Many thanks,
Mark  (Dover DC)

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