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Chris 

Safe in NPPF has a more common sense meaning inherited from earlier planning documents. It is related to the planning concepts of suitable for use (mentioned in s121) and general amenity (s120). Safe is used throughout the NPPF for all sorts of topics. 

The NPPF is indeed silent on who determines safe but if it's not the LA then it's not the developer either, so its nobody at all or it is the LPA / Planning inspector using reasonable polices or norms of the time.  NPPF remains as guidance it's NOT planning law, case law or LA policy.  The issue of who determines such points will no doubt have been examined before in 60 odd years of planning.

The NPPF could have made explicit that its use of "safe" was the same as "not part IIA determinable" but despite strong efforts to minimise the text it's not there as the only objective in s121.

You could indeed make your cont land planning policy that everything is acceptable if part IIA regulatory action is avoided but are you fulfilling all the objectives of the planning process (see s120 and s210 IN FULL) ? Would such a policy be consistent with thresholds you apply for say comments on noise and air quality etc where we do more than prevent death by having proportionate responses. 

When the C4 documents use the language of earlier planning documents it does NOT mean that their new use can and must be read back into older uses of the same words in the planning context.  

We need to be very careful with safe and unacceptable risk in planning and in C4 discussions and by far the easiest method to get consistency is for a statement from the relevant parties. 




Martin Wright
Environmental Protection Practitioner
Localities Directorate Cheshire West and Chester Council 
Tel: 01606 288664
Email: [log in to unmask]
Location:  1st Floor, Wyvern House, The Drumber, Winsford, Cheshire, CW7 1AH 
Visit:  cheshirewestandchester.gov.uk

Textphone (for hearing impaired, deaf and speech impaired customers) 01606 867 670
Fax 01606 867885

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