Currently the LA has a duty to determine anyway

The issue of fixing it is different.

And any way these risks though sposh are unlikely to cause substantial
harm.

Hmmm what a thought for the weekend.

Rob Ivens
Scientific Officer
01306 879232
 

-----Original Message-----
From: Contaminated Land Management Discussion List
[mailto:[log in to unmask]] On Behalf Of
Stephen Moreby
Sent: 02 December 2011 16:00
To: [log in to unmask]
Subject: Re: Remediation Costs for Class B persons?


Difficult to craft an acceptable truthful and transparent letter that
says 'we would determine your property based on the risk from
contamination, but as we think this will place you under even more
stress and consequent health risk, we've decided not to'.

I would imagine that any such a letter would render the property
unsalable and uninsurable, with stress no doubt resulting from that also
!

The determination decision also shouldn't really take into consideration
whether the local authority is ultimately going to have to fund the
remediation or not. I'm sure any decision made on this basis would be
'in all sorts of trouble' if challenged legally.


Now that you've said on a public forum "The results of the risk
assessment requires all four properties to be determined as Contaminated
Land." - I think you're pretty much locked-in.




> Steve Moreby
> Contaminated Land Officer
>

> Environmental Health and Regulatory Services
>
> Gloucester City Council T 01452 396 312
> Herbert Warehouse F 01452 396 340
> The Docks
> Gloucester
> GL1 2EQ
>
> [log in to unmask]
> www.gloucester.gov.uk

-----Original Message-----
From: Contaminated Land Management Discussion List
[mailto:[log in to unmask]] On Behalf Of Frank
Westcott
Sent: 02 December 2011 15:38
To: [log in to unmask]
Subject: Re: Remediation Costs for Class B persons?

Given the description of the residents as elderly, I wonder if the risk
from the contamination is greater than the harm in terms of stress that
a Contaminated Land determination would cause? Last months thread "Part
2A Intervention and the Socio-Economic Effects" covered this ground
fairly comprehensively.


Regards

_______________________________________________________
Frank Westcott

-----Original Message-----
From: Contaminated Land Management Discussion List
[mailto:[log in to unmask]] On Behalf Of Andrew
Williams
Sent: 02 December 2011 15:11
To: [log in to unmask]
Subject: Remediation Costs for Class B persons?

One for a Friday afternoon.....

I would be grateful to hear from Council officers who have served
remeidation notices on Class B persons owning residential properties,
and where the costs associated with remediation were funded by the
residents?

In addition it would also be extremely useful to hear of any examples
where residents have managed to get insurance policies to pay for
remediation costs or where local authorities have successfuly managed to
pursue housebuilding firms for costs?

I'm dealing with a small gasworks site which stopped producing gas in
the early 1900's before nationalisation and is now occupied by four
dwellings built in the early 1970's and occupied by elderly residents.
The results of the risk assesment requires all four properties to be
determined as Contamainted Land.

With the withdrawal of contaminated land capital funding by the Welsh
Government and non existant internal funding within my authority I would
welcome any other suggestions of potential funding streams to explore so
I can be satisfied I have exhausted all potential lines of enquiry
before I deliver the news to the residents.

Many thanks
Andy


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