Ruth
The "provisional C4SLs" have been published as "final C4SLs" by Defra in the SP1010 Policy Companion Document.
http://randd.defra.gov.uk/Default.aspx?Menu=Menu&Module=More&Location=None&Completed=0&ProjectID=18341
Page 13 (point 37) shows the table of "Final C4SLs".
Steve Moreby
Contaminated Land Officer
Environmental Protection Team
Gloucester City Council
Herbert Warehouse
The Docks
Gloucester
GL1 2EQ
Direct: 01452 396 312
Email: [log in to unmask]
-----Original Message-----
From: Contaminated Land Management Discussion List [mailto:[log in to unmask]] On Behalf Of Willcox, Ruth
Sent: 12 May 2014 17:10
To: [log in to unmask]
Subject: Re: C4SL
Are the C4SL's are still in draft format, or is it just me!
Ruth
Ruth Willcox
Environmental Protection Officer
Office of the Director of Public Health
Plymouth City Council
Civic Centre
Plymouth
PL1 2AA
T +441752304154
E [log in to unmask]
www.plymouth.gov.uk
-----Original Message-----
From: Contaminated Land Management Discussion List [mailto:[log in to unmask]] On Behalf Of WRIGHT, Martin
Sent: 12 May 2014 17:08
To: [log in to unmask]
Subject: Re: C4SL
Chris
Safe in NPPF has a more common sense meaning inherited from earlier planning documents. It is related to the planning concepts of suitable for use (mentioned in s121) and general amenity (s120). Safe is used throughout the NPPF for all sorts of topics.
The NPPF is indeed silent on who determines safe but if it's not the LA then it's not the developer either, so its nobody at all or it is the LPA / Planning inspector using reasonable polices or norms of the time. NPPF remains as guidance it's NOT planning law, case law or LA policy. The issue of who determines such points will no doubt have been examined before in 60 odd years of planning.
The NPPF could have made explicit that its use of "safe" was the same as "not part IIA determinable" but despite strong efforts to minimise the text it's not there as the only objective in s121.
You could indeed make your cont land planning policy that everything is acceptable if part IIA regulatory action is avoided but are you fulfilling all the objectives of the planning process (see s120 and s210 IN FULL) ? Would such a policy be consistent with thresholds you apply for say comments on noise and air quality etc where we do more than prevent death by having proportionate responses.
When the C4 documents use the language of earlier planning documents it does NOT mean that their new use can and must be read back into older uses of the same words in the planning context.
We need to be very careful with safe and unacceptable risk in planning and in C4 discussions and by far the easiest method to get consistency is for a statement from the relevant parties.
Martin Wright
Environmental Protection Practitioner
Localities Directorate Cheshire West and Chester Council
Tel: 01606 288664
Email: [log in to unmask]
Location: 1st Floor, Wyvern House, The Drumber, Winsford, Cheshire, CW7 1AH
Visit: cheshirewestandchester.gov.uk
Textphone (for hearing impaired, deaf and speech impaired customers) 01606 867 670 Fax 01606 867885
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