Jason
We do use the model conditions, but apply them as one condition with 4 or 5
parts depending on the development, or just use whatever parts are relevant
and reword them slightly so they make sense. Our Planners seem okay with
discharging these in parts. As long as they are imposed correctly I don't
see a problem with covering each phase in one condition, because you can
still decide at any point whether you have enough information to discharge
it. I do agree that they are a bit long-winded, but we haven't been
challenged yet. We had some previous in-house conditions which essentially
asked for the same information, and were also quite wordy, but we were
happy to adopt one set of conditions from central government which
reflected up to date guidance and best practice and would hopefully improve
consistency.
We still have problems getting applicants to submit verification of cover
systems or gas protection measures though, which are obviously carried out
well after the development commences.
Regards
Rowan Devlin
Environmental Control Officer
East Riding of Yorkshire Council
Tel: 01482 396206
Fax: 01482 396104
http://www.pollution.eastriding.gov.uk
"Bale, Jason"
<[log in to unmask]
V.UK> To
Sent by: CONTAMINATED-LAND-STRATEGIES@JISCMA
Contaminated Land IL.AC.UK
Management cc
Discussion List
<CONTAMINATED-LAN Subject
D-STRATEGIES@JISC Planning Conditions
MAIL.AC.UK>
13/11/2009 15:35
Please respond to
"Bale, Jason"
<[log in to unmask]
V.UK>
Afternoon all,
Would appreciate some advice/ views on Planning Conditions, and in
particular the Standard Planning Conditions issued back in 2008 by the
CIEH DCLG
In Wales the Welsh Local Government Association, Welsh Assembly
Government and Environment Agency Wales (WLGA/WAG/EAW)Land
Contamination Working Group are looking at developing standard planning
conditions in a similar vein to those detailed in the attached, for the
22 LA across Wales.
One of the issues that has come out of our recent discussions on these,
is the actual validity of the conditions and in particular the Site
Characterisation condition.
Recently one of the Welsh Authorities has had several planning appeals,
involving applications where CL conditions had been recommended. Most
recently the planning inspector considered that the condition that was
being proposed, which I am lead to believe was very similar to the Site
Characteristic condition, was prescriptive, unreasonable, onerous, too
long and, in the event that every stage of an investigation was not
necessary, unenforceable and technically impossible to discharge. It
was explained that a short condition requiring the site to be
investigated and contamination addressed to the satisfaction of the LPA
would be suitable. It was the responsibility of the officer to decide
and justify the point at which satisfactory information had been
provided etc.
In view of the above the CLO discussed our proposed Welsh standard
conditions with planning officers who considered that the same thing
applied to the proposed conditions. Reference was made to Welsh Office
Circular 35/95 (Circular 11/95 for England - The Use of Conditions in
Planning), page 9, para 14. It was the view that the conditions failed
the 6 tests set out in the document.
In light of the above WLGA/WAG/EAW Land Contamination Group are now
reconsidering the conditions to be adopted, and I was therefore seeking
the views of a wider audience on the standard conditions, in particular:
1. - do you use the standard conditions or similarly worded conditions
as the attached when conditioning planning apps;
2. - has your authority ever been challenged on the suitability of the
conditions
3. - do you agree with the planning inspectorate/ planners that the
standard conditions do not meet the 6 tests of Circulars 11/95 or
35/95).
Any views would be most welcome and apologies for such a long email on a
Friday afternoon.
Regards
Jason Bale
Group Leader/Arweinydd Grwp
Pollution Control Division/Rheoli Llygredd
Strategic Planning & Environment/Cynllunio Strategol a'r Amgylchedd.
Tel/Ffon: 02920 871 896
Fax/Ffacs: 02920 827 431
www.cardiff.gov.uk
P Please consider the environment - Do you really need to print
this e-mail? Ystyriwch yr amgylchedd - Oes rhaid i chi brintio'r e-bost
hwn
-----Original Message-----
From: Contaminated Land Management Discussion List
[mailto:[log in to unmask]] On Behalf Of Dave
Cooke
Sent: 13 November 2009 10:16
To: [log in to unmask]
Subject: Re: CLEA pH
Just bear in mind that the ingested soil will also undergo at least 2
major pH
changes on its journey through the ingestee, which sort of makes the
soil pH
less important for that pathway!
Regards
Dave Cooke
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[attachment "DCLG letterconditioncontamination.pdf" deleted by Rowan
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