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My views always been that as through the planning system Planning Authorities must ensure that land can not be determined as contaminated land under Part 2A, which ever part of the authority is responsible for decisions regarding contaminated land would provide advise to the Planning Authority.

It will be interesting to see what happens in the future where development agencies have been set up as the Planning Authority for areas such as the Legacy Development of the Olympics.  These organisations have planning powers but are not the Part 2A authority.  In the case of the Olympic LLDC, who subcontract contaminated land planning decision to consultants, many decisions will have been made with out an official decision regarding contaminated land from the Part 2A Authority.  

Thanks

Robert

Robert Tyler
Principal Pollution Control Officer - Land, Air & Water 

 

London Borough of Hackney

Public Realm

Neighbourhoods & Housing Directorate

PO Box 70210

E8 9EJ 

Tel: 020 8356 4827 

 

For further information on Land, Water and Air issues see:  http://www.hackney.gov.uk/pollution-2.htm 

 

Sign up to be warned of Medium and High Air Pollution Events in London: http://www.hackney.gov.uk/airtext

 

Disclaimers:
1. General Environmental Information: Whilst all reasonable care has been taken to ensure the accuracy of the information and data provided within this correspondence, the Council accept no liability for any loss or damage howsoever caused arising from any reliance placed by any other person upon the information and data contained herein.


2. Relating to Planning (including London Legacy Development Corporation sites): The responsibility to properly address contaminated land issues, including safe development and secure occupancy, and irrespective of any involvement by this Authority, lies with the owner/developer of the site.



On Wed, 12 Sep 2018 at 09:12, Willcox, Ruth <[log in to unmask]> wrote:

Statute and guidance can be interpreted in different ways.

 

When there is change in statute/guidance it takes a while for clarification to be provided, sometimes as a result of test.

 

Kind regards

 

Ruth

 

Ruth Willcox
Planning Officer
Strategic Planning and Infrastructure

T +441752304154
E [log in to unmask]

www.plymouth.gov.uk



 

From: Contaminated Land Management Discussion List [mailto:[log in to unmask]] On Behalf Of [log in to unmask]
Sent: 12 September 2018 08:30
To: [log in to unmask]
Subject: Re: OFFICIAL: RE: RE: Pre-commencement Changes 1st October

 

I am not sure that I agree with David on this.

 

The planning and environmental health functions (including CLOs) are part of local government - emphasis on the local - and therefore it is not unreasonable that differences of policy and interpretation exist between different authorities, albeit within the framework set by central government.

 

As a consultant working for developers I know that this can be challenging but I try to make sure that I know the approach in the localities in which I work and am able to advise clients accordingly.

 

If we went down the line of agreeing "a common and consistent approach” we would end up with something like the EA’s central permitting teams, whose performance has been dismal.

 

 

Regards

 

Frank Westcott

 

Technical Solutions for Sustainability and Brownfield Development

 

Magnolia House, 15a Fore Street, Roche, St Austell, Cornwall PL26 8EP

0330 330 8015

07973 616197

 

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On 11 Sep 2018, at 23:46, David Jackson <[log in to unmask]> wrote:

 

Reading the latest it suggests to me (at least) that there is considerable uncertainty/confusion of the role and responsibility of the CLO in the planning process.  Different CLOs (all very eminent and experienced professionals) seem to have very differing interpretations of the same rules.  One can only imagine what the consultant/proponent community must think of us??!! What a shambles!

 

Is it not about time that “you/we” (I doubt central Govt is about to assist) get together and agree a common and consistent approach?  Surely this can’t be that difficult.  Does CIEH or LGA have a role here?

 

Best wishes, David (DownUnder)

 

From: Contaminated Land Management Discussion List [mailto:[log in to unmask]] On Behalf Of Willcox, Ruth
Sent: Tuesday, 11 September 2018 10:57 PM
To: [log in to unmask]
Subject: OFFICIAL: RE: RE: Pre-commencement Changes 1st October

 

Hi Martin

 

Take your point but EPA Part 2A Contaminated Land, although policy guidance, is concerned with implementation of the regime and is legally binding on enforcing authorities.

 

Section 170 of NPPF states that Planning policies and decisions should contribute to and enhance the natural and local environment by (amongst other things):

 

a) protecting and enhancing soils in a manner commensurate with their statutory status or identified quality in the development plan.

d) minimising impacts on and providing net gains for biodiversity

e preventing new and existing developments form contributing to, being put at unacceptable risk from, or being adversely affected by, unacceptable levels of soil (and other forms of) pollution. Development should wherever possible help to improve local environmental conditions…

 

For clarification, on the basis of above our planning department are in agreement that CL conditions are necessary.

 

Kind regards

 

Ruth

 

 

Ruth Willcox
Planning Officer
Strategic Planning and Infrastructure

T +441752304154
E [log in to unmask]

 

 

From: WRIGHT, Martin [mailto:[log in to unmask]] 
Sent: 11 September 2018 13:12
To: Willcox, Ruth; '[log in to unmask]'
Subject: RE: OFFICIAL: RE: Pre-commencement Changes 1st October

 

Ruth

 

Cant agree with end bit of this.

 

 

“

It is important to note that the examples of necessary pre-commencement conditions (protection of areas or features of natural or heritage) given by the government are Statutory Duties, therefore contaminated land is captured under this umbrella.”

 

As far as I am aware planning consultation to EHO’s or EA on contaminated land is not and never has been a Statutory duty within the planning legislation (neither is noise and other nuisances EHO teams deal with and comment on).  It’s policy, good practise and implied in guidance to consult NOT  a Statutory requirement. 

 

This contrasts with the hardwired  protection for some natural env and historic sites in planning legislation which is why those examples had to be given.

 

Contaminated land and comments from discretionary planning consultations (EA in some cases) should not be expected to have the same weight as those matters built into the planning legislation if you’re a planning lawyer looking at an enforcement or appeal issue.  

 

The planning umbrella will not have to extend to land contamination though it probably will with many more queries and requested changes to conditions..

 

 

 

Regards

Martin Wright
Senior Regulatory Services Officer
Regulatory Services  Cheshire West and Chester Council

Tel: 01606 288664
Email: [log in to unmask]

Location:  1st Floor, Wyvern House, The Drumber, Winsford, Cheshire, CW7 1AH 
Visit:  cheshirewestandchester.gov.uk

 

Textphone (for hearing impaired, deaf and speech impaired customers) 01606 867 670

Fax 01606 867885

 

From: Contaminated Land Management Discussion List [mailto:[log in to unmask]] On Behalf Of Willcox, Ruth
Sent: 11 September 2018 12:15
To: [log in to unmask]
Subject: OFFICIAL: RE: Pre-commencement Changes 1st October

 

Hi Frank and List

 

Despite popular belief there is not a prohibition on pre-commencement planning conditions.

 

The Local Planning Authority LPA just needs to justify why any have been imposed.

 

Where conditions are imposed the LPA is required to issue a Substantive Response in the form of a Notice.  It is not necessary for the LPA to issue a Notice if pre commencement conditions can be agreed between the LPA and the applicant. The applicant has 10 days to respond to the Notice.

 

The Government has stated the following in the consultation response issued May 2018:

 

The need to agree pre-commencement conditions with applicants will not prevent local planning authorities seeking to impose conditions that are necessary. In the unlikely event that an applicant refuses to agree to a pre-commencement condition that is necessary (e.g. to ensure the protection of areas or features of natural or heritage importance) then the local planning authority can refuse permission.

 

It is important to note that the examples of necessary pre-commencement conditions (protection of areas or features of natural or heritage) given by the government are Statutory Duties, therefore contaminated land is captured under this umbrella.

 

 

Kind regards

 

Ruth

 

Ruth Willcox
Planning Officer
Strategic Planning and Infrastructure

T +441752304154
E [log in to unmask]

 

 

From: Contaminated Land Management Discussion List [mailto:[log in to unmask]] On Behalf Of [log in to unmask]
Sent: 11 September 2018 09:23
To: [log in to unmask]
Subject: Re: Pre-commencement Changes 1st October

 

Does the prohibition on pre-commencement conditions also extend to pre-occupation conditions?

 

If not, a possible response would be to reword the current pre-commencement conditions as pre-occupation conditions, together with a strongly worded advisory pointing out the financial risks to the developer of building on unsatisfactorily assessed/remediated ground (possibly including demolition and rebuilding) and strongly recommending that risk assessments and remediation are agreed with the CLO (and if interested, the EA) before construction commences.

 

The pre-commencement condition has always been a bit of a blunt instrument and it would seem likely that CLOs will have to engage in a much smarter way with the planning system to ensure that the minority of unwilling developers are made to address contamination issues satisfactorily. I would be very interested in seeing other ideas as to how to do this, aired in this forum.

 

Regards

 

Frank Westcott

 

Technical Solutions for Sustainability and Brownfield Development

 

Magnolia House, 15a Fore Street, Roche, St Austell, Cornwall PL26 8EP

0330 330 8015

07973 616197

 

This e-mail may contain privileged and confidential information and/or
copyright material which is intended only for the addressees named above.
Access to this email by anyone else is unauthorised and copying, distribution

or any action taken in reliance on it is prohibited and may be unlawful.


Westenviro does not warrant that any e-mail messages and attachments are free from viruses or other defects and accept no liability for any losses resulting from infected email transmissions.

 

On 11 Sep 2018, at 08:48, Robert Tyler <[log in to unmask]> wrote:

 

In most cases I assume it will come down to giving the applicant the choice of providing information up front or imposing pre-commencement conditions?  Would be good to hear other views and experiences on this.

 

Thanks

 

Robert

Robert Tyler
Principal Pollution Control Officer - Land, Air & Water 

 

London Borough of Hackney

Public Realm

Neighbourhoods & Housing Directorate

PO Box 70210

E8 9EJ 

Tel: 020 8356 4827 

 

For further information on Land, Water and Air issues see:  http://www.hackney.gov.uk/pollution-2.htm 

 

Sign up to be warned of Medium and High Air Pollution Events in London: http://www.hackney.gov.uk/airtext

 

Disclaimers:
1. General Environmental Information: Whilst all reasonable care has been taken to ensure the accuracy of the information and data provided within this correspondence, the Council accept no liability for any loss or damage howsoever caused arising from any reliance placed by any other person upon the information and data contained herein.


2. Relating to Planning (including London Legacy Development Corporation sites): The responsibility to properly address contaminated land issues, including safe development and secure occupancy, and irrespective of any involvement by this Authority, lies with the owner/developer of the site.

 

 

On Tue, 11 Sep 2018 at 08:04, Ciara Longman <[log in to unmask]> wrote:

Hi everyone

 

From our Planning Manager “As of 1 October, the government are enacting some significant changes to the way we issue decisions. One of the key changes relates to pre-commencement conditions. These will no longer be permitted unless they have first been agreed by the applicant, and all applicants are given 10 working days to comment on any proposed pre-commencement conditions. Where they object to the condition, we are not allowed to impose that condition. The key impact of this on yourselves as consultees is that we will no longer be able to impose pre-commencement conditions because we don't have relevant information. They will only be used where absolutely necessary. Therefore, can I please request that you review your comments on applications to remove pre-commencement condition requests where necessary, and that where they are likely to be required that we get your comments as early as possible to allow the officer to complete the necessary notices.”

 

Worst case scenario this completely contradicts the outcome of Leeds vs Technoprint, ahem.

 

Upadate local requirements for Planning Validation policy and this information must be submitted on validation? I know a few LAs already do this but the majority don’t. So if a desk top/SI hasn’t been submitted on validation then we object?

 

What are other LAs doing?

 

Cheers

Ciara

 

 

Ciara Longman | Land Quality Officer

Community Enforcement Services

Pink Zone, Civic Centre

London Borough of Hounslow

Office: 020 8583 4532

 

 

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