Afternoon all,
Would appreciate some advice/ views on Planning Conditions, and in
particular the Standard Planning Conditions issued back in 2008 by the
CIEH DCLG
In Wales the Welsh Local Government Association, Welsh Assembly
Government and Environment Agency Wales (WLGA/WAG/EAW)Land
Contamination Working Group are looking at developing standard planning
conditions in a similar vein to those detailed in the attached, for the
22 LA across Wales.
One of the issues that has come out of our recent discussions on these,
is the actual validity of the conditions and in particular the Site
Characterisation condition.
Recently one of the Welsh Authorities has had several planning appeals,
involving applications where CL conditions had been recommended. Most
recently the planning inspector considered that the condition that was
being proposed, which I am lead to believe was very similar to the Site
Characteristic condition, was prescriptive, unreasonable, onerous, too
long and, in the event that every stage of an investigation was not
necessary, unenforceable and technically impossible to discharge. It
was explained that a short condition requiring the site to be
investigated and contamination addressed to the satisfaction of the LPA
would be suitable. It was the responsibility of the officer to decide
and justify the point at which satisfactory information had been
provided etc.
In view of the above the CLO discussed our proposed Welsh standard
conditions with planning officers who considered that the same thing
applied to the proposed conditions. Reference was made to Welsh Office
Circular 35/95 (Circular 11/95 for England - The Use of Conditions in
Planning), page 9, para 14. It was the view that the conditions failed
the 6 tests set out in the document.
In light of the above WLGA/WAG/EAW Land Contamination Group are now
reconsidering the conditions to be adopted, and I was therefore seeking
the views of a wider audience on the standard conditions, in particular:
1. - do you use the standard conditions or similarly worded conditions
as the attached when conditioning planning apps;
2. - has your authority ever been challenged on the suitability of the
conditions
3. - do you agree with the planning inspectorate/ planners that the
standard conditions do not meet the 6 tests of Circulars 11/95 or
35/95).
Any views would be most welcome and apologies for such a long email on a
Friday afternoon.
Regards
Jason Bale
Group Leader/Arweinydd Grwp
Pollution Control Division/Rheoli Llygredd
Strategic Planning & Environment/Cynllunio Strategol a'r Amgylchedd.
Tel/Ffon: 02920 871 896
Fax/Ffacs: 02920 827 431
www.cardiff.gov.uk
P Please consider the environment - Do you really need to print
this e-mail? Ystyriwch yr amgylchedd - Oes rhaid i chi brintio'r e-bost
hwn
-----Original Message-----
From: Contaminated Land Management Discussion List
[mailto:[log in to unmask]] On Behalf Of Dave
Cooke
Sent: 13 November 2009 10:16
To: [log in to unmask]
Subject: Re: CLEA pH
Just bear in mind that the ingested soil will also undergo at least 2
major pH
changes on its journey through the ingestee, which sort of makes the
soil pH
less important for that pathway!
Regards
Dave Cooke
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