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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