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In many instances the CLO is more competent and provides better advice than the consultants producing Phase 1 reports!

Steve Wilson, Technical Director
The Environmental Protection Group Ltd

Tel 07971 277869
www.epg-ltd.co.uk<http://www.epg-ltd.co.uk/>

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From: Contaminated Land Management Discussion List [mailto:[log in to unmask]] On Behalf Of Ferady, Deborah
Sent: 15 March 2017 11:15
To: [log in to unmask]
Subject: Re: Small-scale developments

Dear Danielle,

I completely agree with what David has just said in that I also consider a CLO to be a competent person and follow the exact same approach when reviewing planning applications. Where I believe there is justification for the contaminated land conditions to be placed on an application I would expect to see a full Phase 1 Desk Study and if required Phase 2 Site Investigation and Validation Report to be completed by a competent environmental consultant in order to discharge the condition(s). A questionnaire completed by the developer may give some useful background information on a site but I would not accept this information alone to discharge a condition(s) for the reasons you have highlighted.

Kind Regards

Debbie

Debbie Ferady
Senior Environmental Health Technical Officer

Aylesbury Vale District Council
The Gateway
Gatehouse Road
Aylesbury
HP19 8FF

Tel: 01296 585621
Email: [log in to unmask]<mailto:[log in to unmask]>
Visit our website: www.aylesburyvaledc.gov.uk<http://www.aylesburyvaledc.gov.uk/>

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From: Contaminated Land Management Discussion List [mailto:[log in to unmask]] On Behalf Of Jackson, David
Sent: 15 March 2017 10:59
To: [log in to unmask]
Subject: Re: Small-scale developments

Hi James/Danielle,

I’m generally against requesting reports for sites where there is no known industrial/agricultural previous use or nearby potential ground gas sources. If I required reports for all these developments I would have to spend all my time reading them where the result of a good phase I should inevitably be no SI required for contam/gas etc. (unless the developer has gone cheap and appointed a loss leader Phase I that for some reason always seem to recommend an SI). I don’t consider this the best use of my time.

I triage/vet planning apps against the LA’s potentially con land sites, landfills, radon etc. layers and decide on the need or not for conditions. I can mentally write the Phase I in my head for most sites within 5 mins.

So in answer to James question – Yes I do consider CLO competent persons to make the above call on smaller sites with no known previous industrial/agri use. (Although I have no idea how I would prove I am competent!!).

I accept that I am probably in the minority of my peers on this one..

Kind regards

Dave

David Jackson
Land Quality Officer

Wakefield Council
Regeneration & Economic Growth  |  Environmental Health
Wakefield One  |  P.O Box 700  |  Burton Street  | Wakefield  |  WF1 2EB

t    0345 8506506 [Contact Centre]
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From: Contaminated Land Management Discussion List [mailto:[log in to unmask]] On Behalf Of James Nelson
Sent: 14 March 2017 5:39 PM
To: [log in to unmask]<mailto:[log in to unmask]>
Subject: Re: Small-scale developments

Hi Danielle

Could a contaminated land officer (CLO) be classed as a competent person?  For small (low risk sites) would the CLO advising the planners be sufficient?

Just some thoughts.

Best regards
James D Nelson
BSc MSc CSci CChem FRSC SiLC
Associate

Discovery CE Limited
The Granary
Broadwell House Farm
Broadwell
Warwickshire
CV23 8HF
Tel       01926 813909
Mob:    07974 910931
Web:   www.dce-services.co.uk<http://www.dce-services.co.uk/>

On 14 March 2017 at 13:50, Danielle Newnham <[log in to unmask]<mailto:[log in to unmask]>> wrote:
Under Planning, does anyone else accept the submission of information direct from the developer/applicant to enable the discharge of conditions? We have a questionnaire template which we used to allow applicants to complete for small-scale sites (e.g. replacement dwellings, back garden developments). The purpose of this was to avoid the need for a full contaminated land investigation on small-scale sites and so keeping the costs down for the developer. The questionnaire asks for a brief site history, any on-site waste disposal, asbestos etc. In accordance with the NPPF, it is my understanding that all assessments must be undertaken by a competent person (e.g. consultant). In my view, I put the condition on to ensure that a proper risk assessment  is undertaken. Personally, I dont see any value in the questionnaire approach - the author would not be deemed a competent person under the NPPF and they arent about to reveal information which would result in more cost/work anyway. Plus if I condition the application because of a nearby potentially contaminative use, then the questionnaire won't adequately address this.  I've withdrawn it, to the horror of many a back garden developer! Just wanted to see if anyone else was of the same/differing opinion
Thanks very much



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