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Thank you to all who responded to my post, please see below collated responses.

Responses from JISC mail contaminated land forum regarding landfill gas condition v landfill gas informative 07/10/2011


1.	Not sure if this helps (I'm not sure what you mean by an "informative") but...

We have recently been looking at a site close to a landfill site.  The edge of the landfill is some 125m from the development site.  The NHBC are insisting, even in the face of gas monitoring to the contrary, that gas protection measures are installed.  The comment was that something may happen in the future and therefore gas monitoring would only show how bad the problem was, not if there is a problem.

In you case, is this what the Planning Department are asking?  Basically to insist on protection measures?  If this is the case, then at what level measures do you include?  Where you have actively gassing sites, you would have to enforce red conditions without any testing etc?


2.	Don't have the problem, but how about altering your condition such that they have to do an investigation if they get planning permission? And submit details before construction begins or plan in gas measures and tell you about it in a validation at the end?  You could change policy just ask for gas measures per say.

3.	I would remind planning of their duties, and direct them towards the East Cambridgeshire maladministration case, where the planners did not consider contamination when they should have!

http://www.lgo.org.uk/complaint-outcomes/planning/planning-archive-2007-08/east-cambridgeshire-district-council-05b01966-3-ot/

Imagine the headlines if no condition is applied and something happened! 

4.	
I know from experience there are some stinky landfills in that part of the world!  You might want to consider a compromise where you reduce the 250m boundary on consultations and the application of the condition.  We are currently working with another local authority to develop a risk based framework to allow them to do this.


Regards,

Malcolm Hughes
Environmental Protection Officer
London Borough of Havering.