I doubt that will worry the current resident, but the implications for
the family that inherit the property would be interesting.
Dan Collins
Associate
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-----Original Message-----
From: Contaminated Land Management Discussion List
[mailto:[log in to unmask]] On Behalf Of
Cundall, Jonathan
Sent: 19 November 2009 15:48
To: [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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