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------------ Forwarded Message ------------ Date: 14 May 2009 19:25 +0100 From: [log in to unmask] To: "Arnold, Lindsay" <[log in to unmask]> Subject: Re: Asbestos found in garden Lindsay, how do you know the "asbestos would have been obvious"? I do a lot of landscape work and we often find 'stuff' in gardens that is buried just under the surface, often under existing turf, and none of it is obvious unless the whole site is literally scalped. If a developer has bought a site, say a plot with an existing house on it, and has permission to demolish the house and build a new house or houses, is he really to be expected to scalp the entire plot just in case there's something there? Just think how often unexploded bombs are found just inches under the surface - potentially dangerous if disturbed, but in no way could they be consider "obvious" otherwise they would have been removed already. And think how common it was in the past (and nowadays) for homeowners to just bury that sort of old rubbish in their gardens - once it's turfed over then nobody would ever know it's there. Unless there is some evidence that the developer knew it was already there, or he put it there and buried it, then it would seem unreasonable to pin it on the developer, after all, building a house on a site doesn't typically involve complete scalping and re-turfing of the rest of the site. Of course the problem now is that the homeowner has brought it to the attention of the local authority. He could have phoned up an asbestos removal firm and had it disposed of properly for not much money, and even asked the developer to pay for it, but by going the route he has, he is now risking his garden being declared a Part 2A site, and could end up forking out for the whole area to be completely dug up.....when really there is no risk unless he smashes up the asbestos and inhales the dust! As for NHBC, their warranties cover the home. I don't believe there is any cover for asbestos that is subsequently found buried in the garden - could it be considered to make the home defective? I don't think so. They do advice developers on safe removal of asbestos, but if there's no reason to believe that the site had buried asbestos (as indicated by the planning details) then there wouldn't be a case for advising on asbestos removal. I'd say that unless the homeowner has strong evidence that the developer deliberately buried asbestos, then it may well have been an earlier occupant of the site who buried it there. In either case, If he has no proof of the developer putting it there and burying it then I'd say the homeowner should either take responsibility for it and get rid of it by paying a licensed firm, or try and find out who in the past might have buried it and deal with them. Chances of finding out who this might have been would probably be negligible and it would probably be some old fella who is nearing the end of his life, if he hasn't already died from old age (or asbestosis). Another option would be for someone from the council, to who he pays his council tax, to visit him and bag up what he has dug out and dispose of it properly. Job done then, nice and swiftly with no need to waste time and money on finding someone to pass the buck on to! Pete Millis Rottingdean Garden and Landscape Services Ltd Brighton And Centre for Environmental Research School of Life Sciences University of Sussex Falmer Brighton --On 14 May 2009 16:35 +0100 "Arnold, Lindsay" <[log in to unmask]> wrote: > > > A house owner has been digging up spades of asbestos in his garden. The > house is fairly new and no contaminated land conditions were on the > planning application in 2006 as no potential issues were raised at the > application stage. The developer didn't meet his responsibilities of > ensuring a safe development as the asbestos would have been obvious as it > is not a great depth, how it arrived on site is another issue, it is > possible it could have been brought onto the site. > > > > The outcome we want is for the garden to be safe and any costs of > clearing etc not passed on to the owner. Planning's view is that as there > are no outstanding conditions there is nothing they can do. What > channels would anyone suggest we go through? > > > > Perhaps an NHBC guarantee would cover any remediation? > > Would it become a Part2A site? > > Maybe it is a civil matter between the owner and developer? > > Would the HSE be able to help? > > > > Basically we want the quickest simplest way to get the developer to own > up to his responsibility and clear the site. > > > > Many thanks > > > > Lindsay Arnold | Contaminated Land Officer| Breckland Council Office: > 01362 656870 > > [log in to unmask] | www.breckland.gov.uk > > > > > > ************************************************************************* > ************* > > Unless expressly stated otherwise, the contents of this e-mail are > > confidential, represent only the views of the sender expressed only to > the > > intended recipient and are not intended to impose any legal obligation > > upon Breckland Council. > > If you are not the intended recipient, you are asked to notify the sender > > and delete the message as soon as possible. > > ************************************************************************* > ************* ---------- End Forwarded Message ----------