Could you not place a covenant on the property that should the property
transfer in ownership or occupier that the area in question has the
following works carried out on it.
Thanks
Gareth Rees (Mgeol HONS FGS)
Contaminated Land Officer
Health and Enforcement Services
Harborough District Council
Tel 01858 821174
-----Original Message-----
From: Contaminated Land Management Discussion List
[mailto:[log in to unmask]] On Behalf Of
Wilkinson, Christiaan
Sent: 19 November 2009 15:39
To: [log in to unmask]
Subject: Re: Phased Remediation
I am sure you have spent many a long night thinking about this but it
seems a bit unfair telling an old lady that there is an increased life
time risk of exposure to harmful contaminants in her garden after 40+
years of cultivating it? The stress of remediating it could finish her
off.
where is the risk assessment and pragmatism for this scenario?
-----Original Message-----
From: Contaminated Land Management Discussion List
[mailto:[log in to unmask]] On Behalf Of Daniel
Maher
Sent: 19 November 2009 15:19
To: [log in to unmask]
Subject: Phased Remediation
Dear all,
We are currently looking to determine part of the garden of a property
which
is situated on a former gas works. However, there is a significant
complicating
factor;
The elderly lady who occupies the house has lived there for 40+ years
and is
very fond of her garden, not least because the ashes of her recently
deceased husband are scattered across part of it! Her and her husband
spent
a lot of time working on the garden and we felt that to dig it out (the
small
size means it is unlikely that anything other than 'dig and dump' could
be
applied) and return it to the standards DEFRA funding would allow would
cause
her significant distress. The old lady herself as a receptor would not
constitute 'SPOSH' according to our consultants CLEA runs, but as we
have no
control over the nature of future occupants we feel we have no option
but to
determine to ensure that the information we have on the site is placed
in the
public domain
To get round the issue of the distress to the occupant, we are proposing
to
conduct 'Phased Remediation' where the first phase is monitoring of the
site
and the future, second phase would be physical remediation action. My
question to the list is whether anyone has explored the use of Phased
Remediation strategies before or whether anyone has experienced a
similar
situation? It seems obvious to me that the overall well being of the
occupant
should be the primary concern, but the legislation does not seem to
allow for
this once a determination has been made
Apologies for the length of the email and thank you for making it to the
end!
Cheers
Dan
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