James
Where a demolition is due to take place Building Control should be notified under section 80 of the Building Act 1984. Then Building Control can serve a notice under section 81 of the Act requiring amongst other things:
(j)to take such steps relating to the conditions subject to which, the demolition is to be undertaken, and the condition in which the site is to be left on completion of the demolition, as the local authority may consider reasonably necessary for the protection of the public and the preservation of public amenity.
Therefore conditions relating to asbestos removal and contamination could be put on there.
Paul
Paul Pearse
Environmental Health Technician
Environment Services, Maldon District Council, Princes Road, Maldon, CM9 5DL
01621 875728 | www.maldon.gov.uk
-----Original Message-----
From: Amelia Moylett [mailto:[log in to unmask]]
Sent: Wednesday, November 25, 2009 6:51 PM
To: [log in to unmask]
Subject: Re: Planning Condition for the removal of asbestos!
Hello,
Where works are not subject to planning, asbestos removal works as part of demolition is managed under an F10, which is submitted to the HSE by the contractor. You can download this form from the website. A licenced removal contractor will need to undertake the works to ensure appropriate controls are put in place and managed to comply with the asbestos regulations and associated guidance. As a minimum a type 3 asbestos survey (which is an intrusive survey) is recommended as part of proposed demolition. Any other survey i.e. a type 2 is not sufficient. If no demolition is proposed then the works are simply managed by the licenced contractor.
Hope that helps.
Amelia Moylett
Environmental Consultant
Halcrow
Sent from my BlackBerry(r) wireless device
-----Original Message-----
From: "Lemon, James" <[log in to unmask]>
Date: Tue, 24 Nov 2009 14:39:49
To: <[log in to unmask]>
Subject: Re: Planning Condition for the removal of asbestos!
Many thanks for your replies!
I think an advisory note is the way to go!
Kind regards
James
-----Original Message-----
From: Contaminated Land Management Discussion List [mailto:[log in to unmask]] On Behalf Of GARETH REES
Sent: 24 November 2009 14:25
To: [log in to unmask]
Subject: Re: Planning Condition for the removal of asbestos!
Steve
this is my point
however if you also add an advisory note (not a planning condition) to the planning permission the council has done its duty to inform the developer of a potential issue and directed them to the appropriate authority for information.
Thanks
Gareth Rees (MGEOL HONS FGS)
Environmental Protection Officer (Contaminated Land and Air Quality) Environmental Health North West Leicestershire District Council, Council Offices, Whitwick Road, Coalville, Leicestershire, LE67 3FJ
Tel: 01530 454 774
Email: [log in to unmask]
website: http://www.nwleics.gov.uk/
-----Original Message-----
From: Steve Forster [mailto:[log in to unmask]]
Sent: 24 November 2009 14:19
To: GARETH REES; [log in to unmask]
Subject: RE: Planning Condition for the removal of asbestos!
Gareth,
Asbestos-containing materials within a building should not be considered as a potential pollutant linkage in a S-P-R model, which relates only to contamination on land.
If asbestos is not removed carefully, then it may contaminate the land. Thus, I would have thought that any planning condition should have a note to the effect that any asbestos removal works undertaken on the site should be conducted in accordance with The Control of Asbestos Regs 2006 and that the work should not lead to contamination of the land.
The Control of Asbestos Regs 2006 require "employers" to have a duty not to spread asbestos, amongst other duties.
The requirements in relation to works to be carried out on a building is that a "Type 3" survey should be carried out in order that all asbestos materials can be identified and removed safely by a HSE-licensed contractor.
Viz:
Reg 5. An employer shall not undertake work in demolition, maintenance, or any other work which exposes or is liable to expose his employees to asbestos in respect of any premises unless either-
(a) he has carried out a suitable and sufficient assessment as to whether asbestos, what type of asbestos, contained in what material and in what condition is present or is liable to be present in those premises; or
(b) if there is doubt as to whether asbestos is present in those premises
he-
(i) assumes that asbestos is present, and that it is not chrysotile alone, and (ii) observes the applicable provisions of these Regulations.
Reg 16. Every employer shall prevent or, where this is not reasonably practicable, reduce to the lowest level reasonably practicable the spread of asbestos from any place where work under his control is carried out.
Steve
Steve Forster B.Sc. M.Sc. CEnv. FGS MIEnvSc Managing Director IEG Technologies UK Ltd South East Business Innovation and Growth D2 Wing, The Michael Young Building The Open University Walton Hall Milton Keynes MK7 6AA
Mobile +44 (0) 7855 957140
www.iegtechnologies.co.uk
[log in to unmask]
-----Original Message-----
From: Contaminated Land Management Discussion List [mailto:[log in to unmask]] On Behalf Of GARETH REES
Sent: 24 November 2009 13:15
To: [log in to unmask]
Subject: Re: Planning Condition for the removal of asbestos!
the asbestos (I asume it is in good condition and still on the roof of a
building) does not pose a pollutant linkage if it was to remain.
The issue is to prevent contamintion of the site though poor handling/removal and to protect the workers. As previously stated this is not the job of the planning permission. this is the job of the asbestos regulations, H&S@work legistaltion and the waste regs.
I usually get an advisory note added to the planning permission this covers the council as they have informed the applicant that there may be an issue with asbestos on the site and referred them to the appropriate authority..
Thanks
Gareth Rees (MGEOL HONS FGS)
Environmental Protection Officer (Contaminated Land and Air Quality) Environmental Health North West Leicestershire District Council, Council Offices, Whitwick Road, Coalville, Leicestershire, LE67 3FJ
Tel: 01530 454 774
Email: [log in to unmask]
website: http://www.nwleics.gov.uk/
-----Original Message-----
From: Contaminated Land Management Discussion List [mailto:[log in to unmask]] On Behalf Of Clive Williams
Sent: 24 November 2009 13:05
To: [log in to unmask]
Subject: Re: Planning Condition for the removal of asbestos!
Why don't the standard conditions apply, you have in the Level 1 assessment identified a pollutant linkage that needs addressing? There shouldn't be a need to have contaminant specific planning conditions.
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