All
I would be grateful for advice from any LA which has served a remediation
notice requiring works to be carried out on land owned by a third party,
where the third party has 'refused' to grant rights over his land as
required by 78G Part IIA. In our specific circumstance the contaminated
land in question is adjacent to the third party land on which the works are
to be carried out.
Under Part IIA is the granting of rights a positive consent issued by the
third party or is the granting of rights deemed to have occurred in law
once the remediation notice is served?
If the former how have you proceeded if the third party has refused
consent? If the latter has any LA been in the position where the third
party has obstructed the works and if so how have they proceeded and under
what legislation.
Please write or phone if you can help.
Anne
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Dr Anne Coles
Scientific Officer
Aberdeenshire Council, Planning and Environmental Services
Gordon House, Blackhall Road, Inverurie, AB51 3WA
Tel: 01467 628298
Fax: 01467 628358
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