My two penneth -
Enforcing authorities should seek to use Part 2A only where NO appropriate
alternative solution exists. It took St Helens 3/4 years to establish SPOSH
for a residential estate.
Is there a Contaminant-Pathway-Receptor "contaminated land".
Is there hard standing coverage? or grassed communal areas that are well
maintained, therefore, no possibility of a pathway to receptors from
contamination??? This would be considered as breaking, removing or
disrupting the pathway parts of the linkage (e.g. removing or reducing the
chance of exposure of receptor to contaminants i.e. sealing land with
paving, tarmac, concrete, well maintained grassed areas).
If there is no Contaminant-Pathway-Receptor in its current state then the
LA should put together a written statement. The statement should be written
in accordance with sections 5.2 – 5.4 of the Contaminated Land Statutory
Guidance (April 2012).
Kind regards Nattalie
Nattalie Kennedy
Public Health Programmes and Commissioning Manager
Public Health & Wellbeing
St Helens Council
2nd Floor, Atlas House
Corporations Street
St Helens
Merseyside
WA9 1LD
01744 671056 office
07795 591837 mobile
From: "Ivens, Rob" <[log in to unmask]>
To: [log in to unmask]
Date: 25/11/2016 15:02
Subject: Re: Part IIA liability
Sent by: Contaminated Land Management Discussion List
<[log in to unmask]>
My point is
Even before we get to this
* Who says its part 2a?- and who pays. :)
* Not the Council I would suggest unless there is a reasonable possibility
of unacceptable risks
We have yet to establish that there is...
Ooh goody other than a trip to the radio station, the usual headline in the
press Council tenants on toxic tip all is well and good.
In all seriousness though generally we find people are quite responsive to
a self help solution and if this is a real case I would urge the council to
offer a strong contribution to help people afford the work.
Also ned a good hardship policy to think about affordability of the
contribution and or relief against the costs
Its all do able and as David says a surveyor could help.
Equally loss adjusters in free and fair mode are quite helpful.
Cheers and thanks
Rob Ivens
Scientific Officer/Contaminated Land
DD 01306 879232
-----Original Message-----
From: Contaminated Land Management Discussion List [
mailto:[log in to unmask]] On Behalf Of David E
Jackson
Sent: 25 November 2016 14:53
To: [log in to unmask]
Subject: Re: Part IIA liability
Dear List,
For a Friday afternoon, and in case anybody suggested that I do not offer
the List anything constructive, I thought I would turn by hand at
hypothetically attempting to assign Class B liability in Danielle's
case....
Statutory Guidance (2012) section 7.8+
7.81 Where the whole or part of a remediation action for which a Class B
liability group is responsible clearly relates to a particular area within
the land to which the significant contaminant linkage as a whole relates,
liability for the whole, or the relevant part, of that action should be
apportioned amongst those members of the liability group who own or occupy
that particular area of land.
7.83 Where the enforcing authority is apportioning liability amongst some
or all of the members of a Class B liability group, it should do so in
proportion to the capital values of the interests in the land in question,
which include those of any buildings or structures on the land:
(b) where different members of the liability group have an interest in the
same area of land, each such member should bear responsibility in the
proportion which the capital value of their interest bears to the aggregate
of the capital values of all those interests;
i.e. Value of the freehold Interest (Council)/ X
Total Cost of Clean-Up
(Total Value of all freehold/leasehold interests)
A Freehold interest in a property subject to long leases is normally valued
on an investment basis. In that the freehold interest has no intrinsic
value other than,
• the rental income (the term)
• the eventual repossession of the property at the end of the term (the
reversion)
so, its value at a given moment is based on a calculated present value of
the future income.
This is best illustrated by example:
i) calculating the term
Total Ground rent of £50 x 10 flats = £500 pa for the block This ground
rent figure is multiplied by the Years Purchase, a multiplier calculated by
the valuer or, more usually, taken from valuation tables. To obtain the
Years Purchase multiplier, the valuer must make an assumption of a Yield
Rate. In this example the yield is taken as 8%; the Years Purchase figure
is then looked up in the tables.
Years Purchase for 68 years @ 8% is 12.433 So, £500 x 12.433 = £6,216
ii) calculating the reversion
Current value of the flats = £150,000 x 10 flats = £1,500,000 (the
leaseholders’ present interest).
Again a multiplier is taken from the tables to provide an investment value
– what is the promise of the future £1.5m worth today? The multiplier, the
Present Value of £1 is taken at the same yield rate, 8%, as previously.
Present value £1 deferred 68 years @ 8% is 0.00534 So, £1,500,000 x 0.00534
= £8,011
The investment value of the freehold – the freeholder’s interest – is
therefore represented by the sum of the values of the term and the
reversion:
£6,216 + £8,811 = £15,027
Hence the Council’s portion of any liability will be: £15,027/
(0.01) x Total Clean-Up Cost
(£1.5M + £15027)
And each Lessee’s portion of liability will be: £150,000/ (0.1) x
Total Clean-Up Cost
(£1.5M + £15027)
And that is all there is to it!!!
In doing so I draw on all my experience as a Mineral Valuation Officer with
the Inland Revenue (c. 1993-2000). I have no doubt there is another
Chartered Environmental Surveyor who may be able to advise better than I.
Best wishes, David
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