| Dear Mr Carter, As you can see from the attached file, I have been in touch with DEFRA, as well as the Environment Department, and they tell us that it is your responsibility to see that the site at Otterpool Quarry is cleaned up, because it is KCC who granted planning permission.
As there was considerable amounts of waste oil dumped at the site, I am sure you would want to oversee that the developer bears this in mind before construction is begun. One of the documents I read stated that the soil should be clear of any contamination from the previous use of the site, namely quarrying, but the contamination as I understand it, was from unauthorised and possibly illegal disposal of diesel oil and creosote etc. This is obviously not within the use of a quarrying business. I would not like to think that the developer would not be required to clean the soil itself.
However, I know that the Environment Agency requires any contamination of soil to be treated at the expense of the person causing it, as my friend had a visit from the Environment people when a farmer noticed a smell of oil near to her boundary. She was told that if her oil tank had been leaking, she would be liable for any costs incurred in the removal and clean up of the offending soil. Fortunately, it was not her oil tank which had leaked.
Mr Sweetland has now given me the measurements of lorries and road width I have been asking for, but I was a little surprised to see that Countrystyle were the ones who undertook the traffic survey. I would have thought it should be Highways or some other independent party who did this. I am also glad that Mr Barratt's questions will be answered, and I thank you for bringing this about.
Kind regards, Mavis Turton
Dear Ms Turton,
Thank you for your reply. My colleagues in the Environment Agency remind us that, within the planning conditions to be met by the operator, is the requirement to safeguard the environment, including remediation of potential land contamination. As it is Kent County Council who granted the planning permission, please direct any Planning enquiries to them. I hope you find this helpful. Yours sincerely, Anthony Griffiths Customer Contact Unit Defra From: Mavis Turton [mailto:mavis.turton@btinternet.com]
Sent: 26 May 2011 15:12
To: Griffiths, Anthony (SEG)
Subject: Re: Attachment to Defra Email
| Dear Mr Griffiths, Thank you for your e mail and attachments. I have read through the information carefully, and I would like to point out something important The report says that the site should be cleared of contaminants associated with the previous use of the site, namely quarrying. It does not seem to require Countrystyle to remove pollutants which were dumped there since , which have no association with quarrying, namely that the site was used to dump considerable amounts of waste diesel and creosote, and that this was not discovered by the Sellindge Residents' Association until some hours before planning was granted. The Chairman of the Sellindge Residents' Association Ronald Lello, was shown onto the site by someone who knew about this dumping, and in Mr Lello's words, "A handful of soil from the surface still had the smell of diesel." This, even though the site has not been used for any other purpose for many years. It seems to demonstrate the level of contamination. A friend of mine had a visit from the Environment Department when a farmer noticed a smell of home heating fuel in a field at the back of her house, and she was told that if the fuel had leaked from her oil tank, she would have to pay the cost of removal of the contaminated soil, and the cleaning of it. Fortunately, it was not her tank which was faulty. I think that now the oil dumping at the Otterpool Quarry, which appears to be considerable, has been discovered, it should be Countrystyle's responsibility to completely remove the contaminated soil, and have it cleaned, at their expense, and well before work on the site has begun. I am sure you would agree. There did not seem to be any importance placed on this at the KCC meeting. I do hope, most sincerely, that you will enforce this rule, which should apply not only to private individuals, but to businesses which must be held responsible as well.
I really do not think that KCC is aware of the level of contamination, as I understand they only visited to site once, and briefly. Could you tell me how I can make sure that all the authorities involved in granting the necessary permits to begin construction have proof that the contaminated soil has been removed and cleaned up. Thank you once again for your help, it is very much appreciated.
Kindest regards, Mavis Turton
|
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