Minutes:
Councillor M Taylor asked the following question pursuant to Council Procedure Rule No 5.5:
“Question to Leader, Chief Executive or Director of Planning
In view of the clear violation of the planning approval TM/11/01191 and TM/13/02358 by the developer at Isles Quarry West, Borough Green, and the failure of the Planning Department to adequately monitor the contamination remediation, and their failure to provide proof of remediation under the BGPC FOI request of 7th March within the specified 28 day period, what action will be taken by this Council to ensure safety of future residents, and the safety of the drinking water aquifer over the wider area.”
To which the Director of Planning, Housing and Environmental Health and Director of Central Services replied as follows:
“Detailed written answers have been provided to Cllr Taylor in relation to queries made both in response to Freedom of Information/Environmental Information (FOI/EIR) requests and other points raised on the subject of potential contamination and how it is addressed. When responding to a FOI/EIR request the Council is, of course, only able to provide information it actually holds and not information that the enquirer feels ought to be held.
Officers have also set out for Cllr Taylor the principle of the processes by which the Council, acting in its role as Local Planning Authority, should deal with potential contamination. The procedures have been of general national applicability for some years now and involve a number of stages which are reflected in the condition that has been placed on the planning permission for the development of Isles Quarry West (the condition itself reflects guidance issued by Government).
The planning process as expressed in the latest National Planning Policy Framework and Guidance, clearly places the onus on the applicant/developer to use suitably qualified professional advisors to ensure that the following procedures and practices are put in place:
• Site characterisation assessment – a desk study appraisal and site walkover;
• Submission of a remediation scheme – which should include matters arising as a result of a risk assessment;
• Implementation of the approved remediation scheme – notification to the local planning authority of when the works will start, validation by the developer and specialist advisors that the works have been carried out and reporting of any unexpected contamination found; and
• Monitoring and maintenance – a description of what is required and for how long.
As with all planning conditions the obligation for compliance rests entirely with the developer. In accordance with the condition of the planning permission the Council requires the developer to confirm that he has executed the works, as designed by the technical advisors, once the method has been approved by the Council. It is neither normal practice nor a requirement with this type of condition, or indeed the application of any planning condition, for Council staff to carry-out continuous monitoring. The guidance from Government does not envisage such an approach.
In the case of Isles Quarry West the development is proceeding in a satisfactory manner according to the stages set out in the planning condition. Due to the nature of the site and the existence of buildings and hard-standings, the stages are necessarily phased but this has not prevented the works proceeding appropriately. This was addressed in a report made to the Area 2 Planning Committee on 5th March.
Notwithstanding the particular role of the Council as Planning Authority, officers will continue liaison with the developers’ technical advisors (and where and when appropriate, the Environment Agency) to obtain interim details while awaiting the revised remediation report relating to the area of the site where demolition of buildings and the lifting of hard surfaces is taking place.”