Hiya
Doesn't the guidance generally require focus by authorities on their highest priority sites (note - highest relative priority) . This, if I understand it correctly is the primary purpose of prioritisation?
Without seeing the DEFRA response it is difficult to answer the question.
AAAGGGH!
Ruth
Ruth Willcox
Environmental Protection Officer (Land Quality)
Plymouth City Council
Civic Centre
Plymouth
Devon
PL1 2AA
Tel: 01752 304154
Fax: 01752 226314
Email: [log in to unmask]
-----Original Message-----
From: Contaminated Land Management Discussion List [mailto:[log in to unmask]] On Behalf Of Jacqui Dicker
Sent: Wednesday, July 11, 2012 9:08 AM
To: [log in to unmask]
Subject: LA Officer opinions wanted....
RE: Written Statements - New Statutory Guidance
Hi All,
I have recently submitted a query to the DEFRA con land team as a result of an enquiry. I did not get the answer I was expecting and just wondered what other peoples thoughts were or what their current/proposed procedures were....
The enquiry was whether we should issue a written statement saying a site was not contaminated (i.e. category 4) whether that conclusion was reached through strategic inspection (including the prioritisation process) as well as detailed inspection.
We as a council do not currently issue written statements if a site is dismissed as part of the prioritisation process, or if we undertake a desk top study and decide that no further inspection is required. It would of course be recorded on our system and the information made available if requested. Written statements are obviously issued if we have started detailed/intrusive inspection and told residents we are inspecting their property/area.
The result of the discussion witH DEFRA was that we SHOULD issue a written statement to residents on a site which is dismissed as part of the prioritisation process to reduce property blight.....please see their direct quote below...
"....Paragraphs 5.2-5.4 set out the procedure once a decision is made that land is not contaminated land under Part 2A. This section makes clear that where an authority has ceased it's "inspection" of land on the grounds that there is little or no evidence to suggest that it is contaminated land, and therefore placed in Categories 3 or 4, the authority should issue a written statement to that effect (rather than coming to no formal conclusion) in order to minimise unwarranted blight to the owners and occupiers of the land. This section recognises that it is never possible to know the exact contamination status of any land with absolute certainty but states that such a lack of certainty should not stop the authority from deciding that land is not contaminated.
This therefore makes clear that once a site has been dismissed or determined as low risk, a written statement should be issued to this effect (as per paragraphs 5.2-5.4) regardless of whether this determination is made as part of the strategic inspection carried out by the local authority or following a more detailed inspection..."
I myself see this as an unnecessary step...... particuarly since many people on such sites do not realise they are on a site and this would then create further issues.....as well as obvious resource implications
DEFRA accept that the guidance may be ambiguous or need clarification if this is not the approach officers are taking from it, so what I would like to know is...
1/ Does anybody already issue written statements for sites dismissed as part of district prioritisation or strategic inspection?
2/ Has anyone implemented (or is planning to implement) such a system as a result of the guidance?
3/ Is it just me that has completely misinterepreted this or do other officers agree with the approach proposed by DEFRA...
4/does the guidance need more clarification?
I may decide to put responses together to go back again to DEFRA, or alternatively just inform our internal discussions on our way forward
Kind regards and looking forward to your responses
Jacqui
Jacqui Dicker
Contaminated Land Officer
Borough of Poole
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