Reading the comments so far it appears that the main issue here isn’t the wording of the NPPF but the criteria that could be used for assessing the condition of the ground, namely the C4SL values, or have I got this wrong?
|
| |||||||
This email and any attachments are intended for the addressee only and may be confidential. If they come to you in error you must take no action based on them, nor must you copy or show them to anyone. Please advise the sender by replying to this email immediately and then delete the original from your computer. Unless this email relates to Broadland District Council business it will be regarded by the council as personal and will not be authorised by or sent on behalf of the council. The sender will have sole responsibility for any legal actions or disputes that may arise. We have taken steps to ensure that this email and any attachments are free from known viruses but in keeping with good computing practice, you should ensure they are virus free. Emails sent from and received by members and employees of Broadland District Council may be monitored. | ||||||||
From: Contaminated Land Management Discussion List [mailto:[log in to unmask]] On Behalf Of David Fountain
Sent: 12 May 2014 10:13
To: [log in to unmask]
Subject: Re: C4SL
If, as a member of the public, I enquired of a public official in order to gather information on a property I wanted to live in, then I would expect a complete and technical answer. I would not expect that the presence of tolerable/moderate contamination to be swept under the carpet and forgotten about.
I would rather live somewhere with minimal health risks. And if you had a choice, wouldn’t you?
if we start using ‘it’s not Part 2A’ as the yardstick for planning, it will bring about a greater number of poor health outcomes for the people that end up living in some of these properties. That’s morally questionable, at best.
Dave Fountain
Pollution Officer (Contaminated Land)
Tel. (01283) 508848
Mobile (07966) 342121
East Staffordshire Borough Council
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)
From: GARETH REES [mailto:[log in to unmask]]
Sent: 12 May 2014 10:01
To: David Fountain; [log in to unmask]
Subject: RE: C4SL
Why would you tell the enquirer that there is tolerable contamination on site I only ever get asked if a site has been determined as contaminated land or if we are considering investigating under part IIa
So my response in this situation would always be
subject to the information held by the council at this time it is the opinion of the council that the site does not meet the definition of "contaminated land" as defined etc etc and are not considering further investigation at this time. A copy of the site investigations is held by the councils planning department application ref ??/?????/??? and can be made available under the Environment Information Regulation 2004
Thanks
Gareth Rees MGEOL (HONS) FGS
Environmental Protection officer (Contaminated land and Air quality)
Street Action Team
Council Offices, Whitwick Road,
Coalville, Leicestershire, LE67 3 FJ
Direct Line: 01530 454 615
Mobile: 07976 431 236
email: [log in to unmask]
Note I currently work at North West Leicestershire District Council on Mondays Tuesdays and alternate wednesdays
-----Original Message-----
From: Contaminated Land Management Discussion List [mailto:[log in to unmask]] On Behalf Of David Fountain
Sent: 12 May 2014 08:57
To: [log in to unmask]
Subject: Re: C4SL
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
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
-----Original Message-----
From: Contaminated Land Management Discussion List [mailto:[log in to unmask]] On Behalf Of David Fountain
Sent: 12 May 2014 08:39
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
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
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
-----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
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
-----Original Message-----
From: Contaminated Land Management Discussion List [mailto:[log in to unmask]] On Behalf Of Matt Rhodes
Sent: 09 May 2014 16:01
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. 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.
--
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. 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.
We’re supporting local business by buying local. Local businesses can register for free at www.buylocalgov.co.uk . Buying local is making it easier, simpler and quicker to do business with North West Leicestershire District Council.
__________________________________________
------- Email confidentiality notice -------
This e-mail and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this e-mail in error please notify the originator of the message. This footer also confirms that this e-mail message has been scanned for the presence of computer viruses.
Please note: Incoming and outgoing e-mail messages are routinely monitored for compliance with North West Leicestershire District Council's policy on the use of electronic communications.
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. 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.