Have I missed something?
If the asbestos is widespread it might well have been exposed during
construction of foundation trenches (inspected by Building Control/NHBC?),
service trenches, drives and paths etc.
The SI is not complete until construction is complete.
Regards,
Mike Smith
----- Original Message -----
From: "Peter Millis" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Friday, May 15, 2009 6:59 PM
Subject: Re: Asbestos found in garden
> Thanks for clarification Martin.
>
> As I understand it, the NHBC warranty covers garden area only up to 20m
> from the habitable parts of the house, so it would cover the area of
> smaller plots, but not larger plots (don't know the size of the plot under
> discussion here, or the distance of the asbestos from the house). The NHBC
> requirement is that clean topsoil is provided to a depth of 100mm if there
> is not already existing topsoil (i.e. as would be the case with a
> brownfield site), and that's about it from the point of view of soil as
> far as I know, assuming the site is not one that is identified as
> contaminated. Again, the issue would be whether or not any asbestos was
> obvious to the developer.
>
> Provided the land is stable and reasonably accessible (as required by the
> NHBC), and either has existing topsoil, or clean topsoil to a depth of
> 100mm has been added (if there was no existing topsoil), and there was no
> reason to suspect prior asbestos contamination, and the developer has not
> put the asbestos there himself, then it would seem that the developer has
> fulfilled his obligations. Of course, due diligence applies, but with no
> suggestion of asbestos contamination given in the planning consent, then I
> don't believe the developer has an obligation to scalp the site "just in
> case" there might be asbestos there.
>
> Also, if the material is only asbestos cement (which is what is normally
> found in gardens) as opposed to blue asbestos lagging material, then all
> the homeowner has to do is damp it down, dig it up and bag it (wearing a
> mask and goggles, just in case), and take it to the nearest waste site
> that accepts asbestos (after calling them first to check they have
> capacity). If he doesn't want to do it himself then he can get a waste
> contractor in. No licensed disposal is required for asbestos cement, and
> if this is what it is, and the quantity is only relatively small (like
> several bagfuls), then I'm wondering if perhaps a mountain is being made
> out of a molehill.
>
> However, if the homeowner could prove that the developer put the asbestos
> there, or he could prove that the developer knew it was there, then he
> would have case. And of course, if it's blue asbestos lagging material
> then proper licensed disposal will be required.
>
> As you rightly point out....more information is needed!
>
> Pete Millis
>
> Rottingdean Garden and Landscape Services Ltd
> Brighton
>
>
> And
> Centre for Environmental Research
> School of Life Sciences
> University of Sussex
> Falmer
> Brighton
>
>
>
>
> --On 15 May 2009 12:38 +0100 martin wright
> <[log in to unmask]> wrote:
>
>> Peter your wrong about the NHBC warranty and the extent of the building
>> regulation coverage it has not been just the building footprint for quite
>> some time and the plot area is relevant.
>>
>> I would accept the point that not everthing is obvious on a site and you
>> dont need to uncover everthng to build a house and garden (unless you
>> should have because of its potential condition) but due diligence is
>> indicated and ignorance is not acceptable particuarly if the liability is
>> strict or tightly defined in law which it is for pollution and
>> contamination.
>>
>> The part IIA regime devotes pages and pages of regualtion and guidance
>> on
>> liabitlites if that's the route chosen. The developer will allmost
>> certainly have introduced new senstive receptors to tthe site and will
>> find it difficult (unless therse some relevant facts ) to show they are
>> not responsible for remdiation. They may have caused or knowingly
>> permitted as well.
>>
>> In planning terms the developer wll also be responsible for a safe
>> development.
>>
>> It would be wise I think to plot where exactly asbestos is being found
>> and
>> what construction, drains or landscaping interacted with that area if
>> simialr arguments might be advanced by the developer.
>>
>
|