Frequently Asked Question - How does the Qualified Person know that there are “no objections”, as stated in the Declaration, from the Environment Agency or Local Authority, particularly if they are not expected to enter into dialogue with them?

How does the Qualified Person know that there are “no objections”, as stated in the Declaration, from the Environment Agency or Local Authority, particularly if they are not expected to enter into dialogue with them?

The purpose of this requirement is to avoid the application of the DoWCoP in situations where there is already an on-going dispute regarding the proposals at the site, for example where the remediation proposals do not satisfy the requirements of the regulator(s). The person commissioning the Qualified Person needs to provide evidence so that the Qualified Person can be confident in signing the Declaration. This can take the following forms:

Route A – where contamination is present or suspected:

• Actual correspondence (e.g. letters, e-mails, minutes of a meeting etc…) clearing stating this.
• Correspondence showing that the regulator has been approached but has declined to comment in detail on the proposal or has provided generic advice only.
• Correspondence showing that a real attempt has been made to engage with the regulator but that no response has been received (a minimum 21 day period should have elapsed before this could be demonstrated).
• The planning permission provides a clear link to the approved Remediation Strategy (where planning is applicable).

Route B –contamination not suspected:

• Actual correspondence (e.g. letters, e-mails, minutes of a meeting etc…) clearing stating this.
• Correspondence showing that the regulator has been approached but has declined to comment in detail on the proposal or has provided generic advice only.
• Correspondence showing that a real attempt has been made to engage with the regulator but that no response has been received (a minimum 21 day period should have elapsed before this could be demonstrated).
• Desk Top Study clearly indicates that no contamination is suspected, hence no need for consultation (see FAQ 9a above) and therefore it is reasonable to conclude that there is no objection in relation to the use of the materials in accordance with the Material Management Plan.
• The planning permission provides a clear link to how the materials are to be dealt with (where planning is applicable).
• The Design Statement clearly sets out how the materials are to be dealt with and the Statement has been agreed e.g. correspondence, minutes or there is a clear link from a planning permission (where planning is applicable).
• There is some confusion over the subject of “agreement” and reference to the “no objections” statement in the Declaration. It is the Declaration wording that is most important. The reference to “no objections” is relevant to objections to waste management issues and the detail of the DoWCoP documentation – rather than objections to other aspects of a planning submission e.g. flooding.