When we needed to do this we had permission from both the landowner and the tenant, but served a section 108 in advance also, this meant that if they had changed their minds we were still able to access the land.  It wasn't necessary, but a useful back-up.  I delivered all the notices by hand, and gave a letter with authorisation to each of our contractors stating that they were acting on our behalf under Section 108.

I would recommend taking LOTS of photographic evidence prior to the investigation so that the state of the land cannot be 'improved' as compensation costs can become quite high otherwise.  The tenant of our site tried to claim compensation from two different people for the same crops! 

Marie Mitchinson
Technical Officer - Non Commercial
0191 3872200
 
Chester-le-Street District Council
Civic Centre
Newcastle Road
DH3 3QT
www.chester-le-street.gov.uk


-----Original Message-----
From: Contaminated Land Management Discussion List [mailto:[log in to unmask]] On Behalf Of Wright, Martin
Sent: 15 October 2008 17:51
To: [log in to unmask]
Subject: Re: Section 108 Powers of Entry

I would strongly recommend preparing the way by informal negotiations with the land owners leading to a voluntary agreement on access with comepensation agreed in advance if your planning something damaging or intrusive.  The stat guidance sections on remedation works is helful on compensation and arbitration though it could be argued its specific to post determiantion actions.

You should also ensure that you issue written confirmation of any agreement and give notification of the powers, date of proposed access and can prove these were dispatched/received.  The reason being that you should be prepared in case you have to get a warrant at short notice if voluntary access is suddenly denied (with a drilling rig waiting at the gate you don't want to be turned away its too costly).

Our local magistrates courts would have expected you to have issued all relevant notifications in writing, to have evidence they were disptched/received and if you need or want to have a warrant they needed an appliaction for a warrant and statement of compliance with the human rights act particuarly the right of the owner to challenge the warrant in court (unless prior notification would would defeat the purpose of the warrant).

I will have some paperwork buts it's a few years since we last followed that course, something betters probably out there

Please note the mwright part of my email address is changing  to martin.wright, both versions are currently valid for a limited period.  Please update your address book.


Martin Wright
Scientific Officer
Environmental Protection
Vale Royal Borough Council
Wyvern House
The Drumber
Winsford
Cheshire
CW7 1AH

tel:- 01606 867520
fax:- 01606 867885





-----Original Message-----
From: Contaminated Land Management Discussion List [mailto:[log in to unmask]] On Behalf Of Paul Baccarini
Sent: 15 October 2008 17:22
To: [log in to unmask]
Subject: Section 108 Powers of Entry

Hi All

I am currently planning to access a potentially contaminated site in order to
carry out a site investigation. I wish to gain access an use my Section 108
powers of entry. Can anyone tell me if there needs to be any official letter
(with suggested wording) or notice served on the land owner that
enacts/initiates these powers? Are the powers limited for a certain period of
time?

From what I have seen (and I may be wrong) the local authority is (as a first
stage) required to get permission from the land owner(s) (perhaps by pointing
out the penelty for failure to comply) is this true? (if so does anyone have a
standard letter they would share?).

I would be most grateful for any advice you may offer.

Thanks in advance

Paul

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