OAPs move into sheltered housing prior to contamination issue being addressed?
Please read the ammendment to a planning document and tell me what you make of it....................
Board Meeting Date: 04 / 09 / 2007
Decision Level: Board Decision
Date: 06 / 09 / 2007 Decision:
GRANT subject to conditions
The grant of planning permission for the very sheltered flats recently constructed at the junction of Brediland Road and Kinnaird Drive was subject to a number of conditions. This application proposes the modification of two of these conditions, numbers 6 and 7, which sought the investigation of possible contamination at the site in accordance with an agreed programme, and the remediation of any contamination prior to work commencing on site. No such report was submitted prior to the work commencing and no remediation works were agreed. The building work has been completed and the development is therefore in breach of the planning permission. Due to the suspensive nature of these conditions, it is now impossible for these conditions to be complied with. Prospective tenants have been delayed in moving into the building because of this breach. The applicant's agent and engineers are trying to demonstrate that any contamination was remediated or the development protected prior to, during or as a result of the construction works, but this is proving problematic now that the building is there and covering the ground preparation works. I understand that records for the disposal of materials are also incomplete.
This application seeks to modify these two conditions of the planning permission so that the development will not be in breach of the planning permission. Condition 6 would be modified to ensure that a risk assessment is submitted which demonstrates to the satisfaction of the Director of Environmental Services that there is no significant possibility of significant harm for any residents of the flats or staff at, or visitors to, the flats. Condition 7 would be amended to ensure that a programme of monitoring for contamination at the development is implemented in order to be satisfied that the development is not causing significant harm to any receptor in future or that, if it is, a programme of works can be agreed to mitigate or remove the contamination.
05/0804/PP - Planning permission was granted on 28/10/05 for the development of the very sheltered flats plus eight additional flats in two blocks located on Cairn Drive.
04/0297/PP - This is the original planning permission granted on 15/04/05 for the development which had two flats less in the very sheltered block and a different stairway design for the flats in Cairn Drive.
The site is identified in the adopted Renfrewshire Local Plan as a Housing Opportunity Site (Policy H3).
Policy C1 also applies which states that the Council, in assessing an application for development involving land which it considers may be contaminated, requires the application to provide the necessary information to establish whether contamination is present. Should the application be approved, conditions will be attached to the consent to ensure that the necessary remediation action will be taken to remove or render harmless any contamination before the development proceeds.
The applicant's agent has certified that all neighbouring proprietors have been notified of the application in accordance with statute.
Director of Environmental Services - No objections to the amended conditions.
The determining issues in this case are whether the proposed modifications to the conditions would be satisfactory to the Director of Environmental Services, are considered reasonable in the light of the policy position and ensure that there is no significant risk to the health of occupants..
The applicant needs to submit a risk assessment to the Director of Environmental Services which demonstrates to her satisfaction that there is no significant possibility of significant harm being suffered by future residents of the building or staff at, or visitors to, the building. A monitoring regime needs to be agreed with the applicant's engineers which would be implemented within three months of any resident moving into the building. The proposed condition would stipulate that if any contamination is found to be causing significant harm to any receptor, a scheme for the remediation of the contamination shall be submitted to, and approved in writing by, the Planning Authority, and a timetable agreed for the carrying out of remediation works. In this way, the building and site can be monitored for contamination and a method of treatment agreed if any is found. This is in line with the spirit of Policy C1 and is a way for the building to be occupied with no significant possibility of significant harm for the residents and all users of the building. The wording of the conditions has been agreed with the Director of Environmental Services.
In view of the foregoing it is recommended that permission be granted to vary the conditions.
Conditions or Reasons:
1) That Condition 6 of planning permission 05/0804/PP shall be amended to read as follows:
"That prior to the building hereby approved being occupied, it shall be demonstrated to the Planning Authority, in consultation with the Director of Environmental Services, that the land which forms the application site is in such a condition that there is no significant possibility of significant harm being caused to staff and residents of the care home or visitors to the care home by reason of contamination on or under the site, and that it has been demonstrated that there is no significant possibility of such harm being caused in future.]
Reason: In order to meet the requirements of the Director of Environmental Services."
2) That Condition 7 of planning permission 05/0804/PP shall be amended to read as follows:
"That within three months of the occupation of the building a contaminants monitoring regime shall be implemented to the satisfaction of the Planning Authority, in consultation with the Director of Environmental Services, and if any substances in, on or under the application site are found to be causing significant harm to any receptor, a scheme for the remediation of the contamination shall be submitted to, and approved in writing by, the Planning Authority, and the remediation works carried out in accordance with a timetable agreed with the Planning Authority to the satisfaction of the Director of Environmental Services.Reason: In order to meet the requirements of the Director of Environmental Services.
*Am I in right in translating that as "lets move them in and see what happens"??
Full history of planning application is here ;LINWOOD - Community news in Linwood,Renfrewshire,Scotland - SHELTERED HOUSING - PLANNING APPLICATION HISTORY
Council web site now has planning applications on a database - this could mean they do not show up on Google search results.
To locate planning applications you need to use the search tool on the council web site;
Renfrewshire Community Website - Planning Application Search
Sheltered housing application numbers;
07/0729/VR - recent ammendment
05/0804/PP - 1st ammendment
04/0297/PP - original
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