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CONTAMINATED-LAND-STRATEGIES  August 2015

CONTAMINATED-LAND-STRATEGIES August 2015

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Subject:

Re: Technoprint case in Planning

From:

"Willcox, Ruth" <[log in to unmask]>

Reply-To:

Willcox, Ruth

Date:

Wed, 5 Aug 2015 10:50:18 +0000

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (1 lines)

Yes, very important to take into account the context of the decision making. 



As Rob says: is there sufficient information to make a reasonable decision based on an achievable scheme.





Ruth Willcox

Environmental Protection Officer

Public Protection Service

Plymouth City Council

Civic Centre

Plymouth

PL1 2AA



T +441752304154

E [log in to unmask]

www.plymouth.gov.uk







-----Original Message-----

From: Contaminated Land Management Discussion List [mailto:[log in to unmask]] On Behalf Of Ivens, Rob

Sent: 28 July 2015 13:36

To: [log in to unmask]

Subject: Re: Technoprint case in Planning



I would agree with much that has been said:



But I would add one further thought.



As I understand it- the question for any planning decision is can the matter be dealt with by condition- ie are the uncertainties resolved, or is there sufficient information to make a reasonable decision based on an achievable scheme.



In the case of contamination in certain circumstances the scheme is not achievable... and worse if the planners grant permission eg for residential housing and this cant be built then the LA can end up facing a claim for compensation. (Roger Braithwait I believed sited just such a case re a landfill)





Rob Ivens 

So much to read so little Time







-----Original Message-----

From: Contaminated Land Management Discussion List [mailto:[log in to unmask]] On Behalf Of David E Jackson

Sent: 28 July 2015 12:12

To: [log in to unmask]

Subject: Re: Technoprint case in Planning



Dear All,

This case came up on the list a while ago and was widely discussed at that time. 



My understanding was that the primary focus of the case was an examination of the decision making process and whether it was appropriate for it to be deferred to Planning Officers.  The secondary matter (and I sense from the Judges perspective it was more of an case specific observation than a precedent) related to whether it was appropriate to grant approval with conditions (and thus allow the resale of the site with the benefit of those conditions), when the discharge of this conditions was neither practicably or economically viable.  



It is interesting to note a couple of things.  



Firstly, the Planners were under a externally imposed time constraint to approve the decision, even though they had insufficient information to make a determination.  Should there be a mechanism for "stopping the clock" on such decision's without fear of further legal challenge?



Secondly, will Planners be under further pressure to approve similar decisions, without sufficient information, under Govt's new assumed approval mechanism for brownfield housing zones?



Cheers David



Have you tried www.molevalley.gov.uk? Our easy to use, accessible website allows you to access our services at any time. You can look at planning applications, pay bills online or find out more about where you live using the Mole Valley and Me feature. 

 

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