I think every LA will have experienced this
I usually get my standard conditions replaced with the "model" conditions
I have spoken with our planners and no one seems to know of a way of dealing with it as the planning inspectors are essentially a law unto them-selves as there is no method of appealing the inspectors decision (without calling a judicial review I believe)
I have started leasing with building control as they also have a duty under part C of the building regulations RE contamination, it is quite difficult with the private inspectors but your LA building control and the NHBC should be receptive to placing conditions on the building regulations application. this will stop a completion certificate being given on the properties if the works are not undertaken which makes selling them very difficult.
the only other step is threaten the developer with Part IIa being very descriptive in the devaluation of property and difficulty in selling the properties consequences and they generally get the reports done
Thanks
Gareth Rees MGEOL (HONS) FGS
Environmental Protection officer (Contaminated land and Air quality)
Tel 01530 454615
email: [log in to unmask]
Note I currently work at North West Leicestershire District Council on Mondays Tuesdays and alternate wednesdays
From: Contaminated Land Management Discussion List [mailto:[log in to unmask]] On Behalf Of Simkin, Bo
Sent: 23 May 2011 10:11
To: [log in to unmask]
Subject: Re: Planning Inspectorate Appeal Decisions reg Contaminated Land
The standard model conditions in use are attached. As was stated, these are based upon the DCLG, CIEH Planning Sub Group and Planning Inspectorates consultation and recommended conditions.
The consultation had highlighted potentially contaminative activities within the wider surrounds and a historic landfill located within close proximity to the site. The condition recommended by the planning inspectorate stated:
No development shall take place until a site investigation of the nature and extent of contamination has been carried out in accordance with a methodology which has previously been submitted to and approved in writing by the local planning authority. The results of the site investigation shall be made available to the local planning authority before any development begins. If any contamination is found during the site investigation, a report specifying the measures to be taken to remediate the site to render it suitable for the development hereby permitted shall be submitted to and approved in writing by the local planning authority. The site shall be remediated in accordance with the approved measures before development begins.
The exercise into deriving and consulting upon model planning conditions by the above groups (inc EPUK) seems to have been little unproductive if this is sufficient???
Again, I'd suggest that a consistent approach between all Local Authorities and the Planning Inspectorate would be of benefit...
Bo Simkin, M.Sc.
Contaminated Land Officer
Newcastle-under-Lyme Borough Council,
Civic Offices,
Merrial Street,
Newcastle-under-Lyme,
Staffordshire,
ST5 2AG
Tel: 01782 742 595
Fax: 01782 713 251
Email: [log in to unmask]<mailto:[log in to unmask]>
Web: www.newcastle-staffs.gov.uk/contaminatedland<http://www.newcastle-staffs.gov.uk/contaminatedland>
[X]
From: Contaminated Land Management Discussion List [mailto:[log in to unmask]] On Behalf Of Anthony Luke
Sent: 23 May 2011 09:40
To: [log in to unmask]
Subject: Re: Planning Inspectorate Appeal Decisions reg Contaminated Land
It would be helpful if you would post the condition(s) which you recommended and the condition which was imposed by the inspector so that we can compare them. Would this be OK?
Best regards
Anthony
Dr. Anthony Luke
Research Officer
The Highland Council
Corporate Improvement Programme
5 Ardross Street
Inverness IV3 5NN
Tel : 01463-254940
Mob: 07766-298104
From: Contaminated Land Management Discussion List [mailto:[log in to unmask]] On Behalf Of Simkin, Bo
Sent: 23 May 2011 09:33
To: [log in to unmask]
Subject: Planning Inspectorate Appeal Decisions reg Contaminated Land
I seem to be coming across a number of instances where, upon appeal of an application, our recommendations for contaminated land conditions have either been disregarded by the Planning Inspectorate or, most recently, the standard model contaminated land planning conditions in use (based upon those recommended by DCLG/CIEH Planning Sub Committee/Planning Inspectorate) were described by the inspector as "unnecessarily detailed" and were replaced by a considerably weaker, single condition.
I'm basically just looking to find out whether any other LA officers have had cause to raise concern over planning inspectors appeal decisions in relation to contaminated land conditions, whether anyone else has experienced these issues and how they were tackled.
A consistent approach between LAs and the Planning Inspectorate in relation to this issue would be beneficial in my mind...
Bo Simkin, M.Sc.
Contaminated Land Officer
Newcastle-under-Lyme Borough Council,
Civic Offices,
Merrial Street,
Newcastle-under-Lyme,
Staffordshire,
ST5 2AG
Tel: 01782 742 595
Fax: 01782 713 251
Email: [log in to unmask]<mailto:[log in to unmask]>
Web: http://www.newcastle-staffs.gov.uk/contaminatedland
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