I would agree re point 5.
if low gas levels are being monitored then the risk can be overcome. a good membrane properly QA'd even use a radiological tracer if your really concerened.... and you could have a nice safe development.
Has this been considered.
ps we have 20 houses sandwiched between two landfill and we signed it off with 30% methan @2 m proximity and probably going under the properties... if that helps.
So much to read.
So Little Time
Rob Ivens MVDC- 01306 879232
-----Original Message-----
From: Contaminated Land Management Discussion List
[mailto:[log in to unmask]]On Behalf Of Lang,
Henry E
Sent: 01 June 2006 11:53
To: [log in to unmask]
Subject: Re: Compensation for Land Potentially Affected by Landfill Gas
David at Selby and Steve
I came across this as an issue years ago with regards to a series of old landfills in Leicester, plus others in Thurrock, Medway Towns, Maidstone etc:
1/ The issue of Nuisance as covered by Rylands v Fletcher can be made to apply and the claim would probably succeed unless you can demonstrate that you have undertaken works to adequately prevent off-site migration onto the neighbours property, or that the gas in no way effects their 'enjoyment' of the property. If it is stopping them develop due to blight, you will probably lose the argument;
2/ Time to call in Valerie Fogleman of Lovells. She is well versed with gas issues as that was the basis of the [sadly deceased] Sevenoaks Case where we had 60%+ CH4 under some houses;
3/ Steve is correct that the issue will snowball as the adjoining residents will get involved. If there is an existing migration issue it will need to be Risk Assessed before the local press start to run the usual 'Time Bomb' headlines;
4/ The new gas guidance is due out in a couple of months, but don't wait for it.
5/ Finally, the proximity of the landfill to the development site need not be any constraint to safe built development. It just needs to incorporate appropriate building protection measures and good CQA etc. There are plenty of examples where this has been achieved successfully. It is building ON the landfill that still tends to cause problems through settlement etc.
If you need pointing at a list of Lawyers with relevant knowledge, drop me a line. I can't, of course, recommend any, but certainly know a few with relevant experience at both Solicitor and Barrister level.
Good luck
Henry Lang
Henry E Lang
Director - Land Quality
Waterman Environmental
Tel 0207 928 7888
Mob 07796 990667
email [log in to unmask]
Kirkaldy House, 99 Southwark Street, London, SE1 0JF
-----Original Message-----
From: Contaminated Land Management Discussion List [mailto:[log in to unmask]] On Behalf Of Steve
Sent: 01 June 2006 10:02
To: [log in to unmask]
Subject: Re: Compensation for Land Potentially Affected by Landfill Gas
David
Given the sum of money involved I'd strongly recommend your Council get a
little specialist legal advice before making any decisions - there are two
or three individuals whose names spring to mind.
The only other things I would add are:
i) You are both advising the Local Authority in how to protect its interests
and advising the Local Planning Authority in what degree of gas protection
would be required to safely develop - which is a clear conflict. This is a
fairly common situation from my experience, but it does need some careful
consideration and you need to ensure there are the appropriate checks and
balances in place and that everything is well documented, including clear
records relating to all your decisions.
ii) CIRIA are in the final stages of issuing some new guidance on landfill
gas that might have a bearing on the actual measures, and therefore sum,
required for any development.
iii) Ultimately if it does end up in court the proposed development will
suffer a degree of blight, other residents around the site (or other such
sites) are likely to be concerned and possibly seek similar
compensation/measures, and a lot of cash will be spent on consultants and
lawyers and I suspect this case will be all you spend your time on for the
next 12 months! Very important to get good advice at the start.
Hope this helps.
Steve Moreby
-----Original Message-----
From: Contaminated Land Management Discussion List
[mailto:[log in to unmask]]On Behalf Of david
jackson
Sent: 01 June 2006 09:29
To: [log in to unmask]
Subject: Compensation for Land Potentially Affected by Landfill Gas
Dear List Members,
I have a former landfill that is surrounded in the main with residential
housing. Tipping of the former clay pits occurred between the 1960's to
around 1974 and was believed to be predominantly domestic waste. Monitoring
in some of the older properties that have no gas protection measures has
been undertaken for 10 years with nothing of note being found. Still above
action levels of CO2 and CH4 within the fill zone and potentially just off
site.
The problem I have is that a developer has bought a piece of vacant land
next to the landfill which they are looking to redevelop into residential
housing. After many years of debate between us and the developer they have
finally thrown the dummy out and are threatening to take the Council to
court over trespassing rights (I think the angle here is the Rylands vs.
Fletcher case). Up until now I didn't think they had a leg to stand on under
Part IIA and Planning law but our solicitor now thinks they may have a
legitimate case under trespassing laws for compensation for any necessary
remedial measures in the proposed dwellings plus other related damages.
Apparently if successful could be potentially £0.5 Million if we were to
lose the case.
Our view is that we should be prepared to go through the courts but we are
mindful of the repercussions, both at this Authority and across the UK as
well, should we lose as many instances of such land exist. Dependant on
whether we decide to take this case on and indeed if they instigate
proceeding at all, I may consider drumming up support from other LA's to
maybe attempt some united front.
If anybody has any experience in such a matter or has any comments I would
be pleased to here from you.
Regards
David Jackson
Contaminated Land Officer
Environmental Services
Selby District Council
Tel: (01757) 292293
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