Dear All,
I am sure this has come up before so apologies.
We have a site where the proposed remediation for asbestos contaminated demolition waste is to install it within a defined area under a geotextile/clay barrier and place it in a car park. All quite reasonable. The EA has "unofficially" advised that this is an exempt activity (U1) and that the approval decision falls to the Council.
We are interested in exploring how to restrict future disturbance of this defined area going forward and the question about the use of a restrictive covenant has arisen. It is envisaged that the RC would be attached to the deeds with the current owner and the Council as "beneficiaries under the Covenant" advising of the presence of the asbestos, the cover depth/thickness and to restrict activities that may disturb the waste without prior Council consultation and approval. It is envisaged that the registration of such a RC would form the basis for the clearance of the final "verification" component of the condition.
Has this been used before? Can any legal eagles anticipate any problems?
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