I would like to pick your collective brains, particularly the Contaminated Land Officers among you...
We have just had a phone call from a concerned home owner who has had a sale fall through on their house as it has been determined under Part 2a.
I am not fully aware of all the facts, but it would seem that the determination happened while the property was owned by the current owner on the basis of four test results showing elevated lead (maximum of around 1,000mg/kg). Apparently the current owner was not aware that the property was to be determined and was not given an option of remediation.
What is the procedure for determining a property? Is this Council specific?
I understand that for the site to be determined it has to be shown that there is significant harm or a significant possibility of significant harm being caused - how do you Contaminated Land Officers determine the "significant"? I know there is a lot of debate about this phrase, but just wondered if there was a rule of thumb you use.
It may be that we're in a situation that was discussed in part a few weeks ago with the owner buying a property and not being aware there was an issue.
Any help would be great.
Thanks David
Soiltechnics Ltd
|