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I agree that it's in the best interest of the developer. I find myself thinking ahead to when the conveyancing queries come in, and I tell the potential purchaser/mortgage lender that there is a tolerable level of contamination at the site. They ask what that means, and I reply it's a level slightly below significant possibility of significant harm. Which isn't particularly comforting for all concerned. It still has to be suitable for use, and to my mind, just below SPOSH is not suitable for use. Dave Fountain Pollution Officer (Contaminated Land) Tel. (01283) 508848 Mobile (07966) 342121 East Staffordshire Borough Council www.eaststaffsbc.gov.uk Follow us on Twitter @ESBCEnvHealth If you are visiting The Maltsters please note that we have limited car parking spaces available. Bays marked ES5, 6, 7 are allocated for our Visitors ONLY. Other ES spaces are strictly for PERMIT HOLDERS ONLY. Civil Enforcement Officers patrol this area. If there are no visitor spaces available please park at the Meadowside Leisure Centre Car Park (P&D) -----Original Message----- From: Taylor, Christopher [mailto:[log in to unmask]] Sent: 12 May 2014 08:47 To: David Fountain; [log in to unmask] Subject: RE: C4SL Dave Yes, that is my remit. If the applicant can demonstrate to me, with a high level of confidence, that the risks are "not unacceptable", then the Local Authority must be satisfied and discharge the conditions. If a site falls into Cat 4, then the risk is not unacceptable and it is not Part 2A land, so we must discharge the condition. Cat 3 land even satisfies s121 of the NPPF. However, it is in the interests of the developer to get the levels of contamination as low as possible, as Cat 3 land can become Cat 2 land if it satisfies the requirements of the Stat Guidance. Regards Christopher Taylor Enforcement Officer Regulatory Services Brent Council Tel: 020 8937 5159 Fax: 020 8937 5150 www.brent.gov.uk -----Original Message----- From: Contaminated Land Management Discussion List [mailto:[log in to unmask]] On Behalf Of David Fountain Sent: 12 May 2014 08:39 To: [log in to unmask] Subject: Re: C4SL Chris - would you be happy to discharge conditions on a housing site where the risks were 'not unacceptable'? (a tolerable level of contamination, perhaps?) Dave Fountain Pollution Officer (Contaminated Land) Tel. (01283) 508848 Mobile (07966) 342121 East Staffordshire Borough Council www.eaststaffsbc.gov.uk Follow us on Twitter @ESBCEnvHealth If you are visiting The Maltsters please note that we have limited car parking spaces available. Bays marked ES5, 6, 7 are allocated for our Visitors ONLY. Other ES spaces are strictly for PERMIT HOLDERS ONLY. Civil Enforcement Officers patrol this area. If there are no visitor spaces available please park at the Meadowside Leisure Centre Car Park (P&D) -----Original Message----- From: Contaminated Land Management Discussion List [mailto:[log in to unmask]] On Behalf Of Taylor, Christopher Sent: 12 May 2014 08:34 To: [log in to unmask] Subject: Re: C4SL Dear Paul If you read paragraph 120 of the NPPF you will see that the responsibility for ensuring safe development rests with the developer, i.e. not with the LPA. The NPPF specifies that the Local Planning Authority (LPA) is responsible for ensuring that: 1. s120 – there are no unacceptable risks related to contamination 2. s121 – the site is suitable for use 3. s121 – after remediation the land should not be capable of being Part 2A land 4. s121 – adequate site investigation by a competent person is presented So the developer needs to demonstrate the above the 4 elements to the LPA. They need to demonstrate that the risks are not unacceptable, they do not have to demonstrate that it is "safe". Regards Christopher Taylor Enforcement Officer Regulatory Services Brent Council Tel: 020 8937 5159 Fax: 020 8937 5150 www.brent.gov.uk -----Original Message----- From: Paul Nathanail [mailto:[log in to unmask]] Sent: 09 May 2014 16:59 To: Taylor, Christopher; [log in to unmask] Subject: Re: C4SL Dear Chris - the nppf requires the developer to ensure the site is safe (para 120) - the reference to Part 2A is only post-remediation (para 121). Btw it is worth reading the above paras rather than taking my own paraphrase at face value. Best regards, Paul Sent using BlackBerry® from Orange -----Original Message----- From: "Taylor, Christopher" <[log in to unmask]> Sender: Contaminated Land Management Discussion List <[log in to unmask]> Date: Fri, 9 May 2014 16:22:17 To: [log in to unmask]<[log in to unmask]> Reply-To: "Taylor, Christopher" <[log in to unmask]> Subject: Re: C4SL Hi Matt I would argue that as long as the validation makes reference to the fact the new C4SLs were published after the approval of the spec, that should be sufficient. At the end of the day, all they need to do is demonstrate that there is no unacceptable risk i.e. that the site will not be Part 2A land after remediation. Arsenic below 37 does not sound like Part 2A land to me! So by discharging the condition you will still be acting in accordance with your responsibility as the Local Authority. Regards Christopher Taylor Enforcement Officer Regulatory Services Brent Council Tel: 020 8937 5159 Fax: 020 8937 5150 www.brent.gov.uk -----Original Message----- From: Contaminated Land Management Discussion List [mailto:[log in to unmask]] On Behalf Of Matt Rhodes Sent: 09 May 2014 16:01 To: [log in to unmask] Subject: C4SL Dear List I'm interested in gauging people's thoughts on the following. A phase 2 and remediation strategy has been submitted using SGVs/GACs and approved. The validation switches to the new C4SL values, and in the process sidesteps an issue with elevated arsenic in cover soils which are above 32 and below 37. Should I require that the ph2/3 is reissued taking into account the use of the C4SLs, on an all or nothing approach? Is this reasonable? Thoughts appreciated -- The use of Brent Council's e-mail system may be monitored and communications read in order to secure effective operation of the system and other lawful purposes. -- The use of Brent Council's e-mail system may be monitored and communications read in order to secure effective operation of the system and other lawful purposes. This e-mail and files or other data transmitted with it are confidential and intended solely for the use of the individual to whom it is addressed. If you are not the intended recipient, disclosure, dissemination, forwarding, printing or copying is strictly prohibited and you must not take any action in reliance upon it. Please notify the sender immediately and delete the message. Any views or opinions presented are solely those of the author and do not necessarily represent those of East Staffordshire Borough Council unless explicitly stated otherwise. 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If you are not the intended recipient, disclosure, dissemination, forwarding, printing or copying is strictly prohibited and you must not take any action in reliance upon it. Please notify the sender immediately and delete the message. Any views or opinions presented are solely those of the author and do not necessarily represent those of East Staffordshire Borough Council unless explicitly stated otherwise. East Staffordshire Borough Council may monitor the contents of e-mail sent and received via its network for the purposes of ensuring compliance with its policies and procedures. East Staffordshire Borough Council does not enter into contracts or contractual obligations via electronic mail, unless otherwise explicitly agreed in advance in writing between parties concerned. The Council believes in being open with its information and the contents of this e-mail and any replies may be released to a third party requesting such information at a future date.