That's a brave position to take just before a general election. I hope it all works out and wish you luck.
Best Regards,
Christiaan
-----Original Message-----
From: Contaminated Land Management Discussion List [mailto:[log in to unmask]] On Behalf Of Maher , Daniel
Sent: 19 November 2009 16:17
To: [log in to unmask]
Subject: Re: Phased Remediation
At the end of the day, the result to the current owner and her estate is the same; it will create serious problems regarding any future sale of the property. We feel that the Council's backside is better covered by determination, but this is probably the most complex route we could take!
For what its worth, the house has been in the same family for over 100 years (an ancestor was the original occupant back when it was a gas works managers cottage) and we strongly suspect that the occupants son will move into the property when it passes into his ownership
Daniel Maher
Contaminated Land Support Officer
Pollution Control
Regulatory Services
PO Box 602
Barnsley
S70 9FB
-----Original Message-----
From: Contaminated Land Management Discussion List [mailto:[log in to unmask]] On Behalf Of Gareth Rees
Sent: 19 November 2009 15:51
To: [log in to unmask]
Subject: Re: Phased Remediation
Yes but if the sale is happening the fact the site has not been declared
following an investigation and is essentially in Limbo as it needs to be
declared would also mean a sale is unlikely to happen
As you are specifying what needs to be done if a sale occurs it merely
means that the seller and purchase can negotiate on the price to cover
the works. Not unlike a radon bond holds money from the sale of a
property to cover remedial works if they are needed following sampling
after the sale of the property.
Thanks
Gareth Rees (Mgeol HONS FGS)
Contaminated Land Officer
Health and Enforcement Services
Harborough District Council
Tel 01858 821174
-----Original Message-----
From: Cundall, Jonathan [mailto:[log in to unmask]]
Sent: 19 November 2009 15:48
To: Gareth Rees; [log in to unmask]
Subject: RE: Phased Remediation
I think putting a covenant on it will most likely ensure it never
changes hands. I dread to think what a solicitor would make of that
during conveyancing!
-----Original Message-----
From: Contaminated Land Management Discussion List
[mailto:[log in to unmask]] On Behalf Of Gareth
Rees
Sent: 19 November 2009 15:45
To: [log in to unmask]
Subject: Re: Phased Remediation
Could you not place a covenant on the property that should the property
transfer in ownership or occupier that the area in question has the
following works carried out on it.
Thanks
Gareth Rees (Mgeol HONS FGS)
Contaminated Land Officer
Health and Enforcement Services
Harborough District Council
Tel 01858 821174
-----Original Message-----
From: Contaminated Land Management Discussion List
[mailto:[log in to unmask]] On Behalf Of
Wilkinson, Christiaan
Sent: 19 November 2009 15:39
To: [log in to unmask]
Subject: Re: Phased Remediation
I am sure you have spent many a long night thinking about this but it
seems a bit unfair telling an old lady that there is an increased life
time risk of exposure to harmful contaminants in her garden after 40+
years of cultivating it? The stress of remediating it could finish her
off.
where is the risk assessment and pragmatism for this scenario?
-----Original Message-----
From: Contaminated Land Management Discussion List
[mailto:[log in to unmask]] On Behalf Of Daniel
Maher
Sent: 19 November 2009 15:19
To: [log in to unmask]
Subject: Phased Remediation
Dear all,
We are currently looking to determine part of the garden of a property
which is situated on a former gas works. However, there is a significant
complicating factor;
The elderly lady who occupies the house has lived there for 40+ years
and is very fond of her garden, not least because the ashes of her
recently deceased husband are scattered across part of it! Her and her
husband spent a lot of time working on the garden and we felt that to
dig it out (the small size means it is unlikely that anything other than
'dig and dump' could be
applied) and return it to the standards DEFRA funding would allow would
cause her significant distress. The old lady herself as a receptor would
not constitute 'SPOSH' according to our consultants CLEA runs, but as we
have no control over the nature of future occupants we feel we have no
option but to determine to ensure that the information we have on the
site is placed in the public domain
To get round the issue of the distress to the occupant, we are proposing
to conduct 'Phased Remediation' where the first phase is monitoring of
the site and the future, second phase would be physical remediation
action. My question to the list is whether anyone has explored the use
of Phased Remediation strategies before or whether anyone has
experienced a similar situation? It seems obvious to me that the overall
well being of the occupant should be the primary concern, but the
legislation does not seem to allow for this once a determination has
been made
Apologies for the length of the email and thank you for making it to the
end!
Cheers
Dan
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