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You may already be aware that DEFRA has announced that local
authorities may bid for grants[1] for the financial year 2007/8 to
carry out intrusive ground investigations and remediation under the
contaminated land regime[2]. Under that regime, local authorities
are under a duty to inspect their area for land that may be
contaminated, which can often prove time-consuming and costly. The
grant process is designed to assist them in that function.
This time round they have been given just one month to submit
their bids[3] and are being warned that last year's programme was
heavily over-subscribed, and that DEFRA has carried over a large
number of bids from the previous year.
Andrew Wiseman[4] head of environmental law at Blake Lapthorn
Tarlo Lyons comments: "Local authorities being given a very short
period to apply. Of greater concern however, is what will happen
from the close of this bidding process on 1 December 2007 to when
next year's grants are available[5]. If a local authority needs to
investigate or remediate a site that is causing significant harm,
there is no process for them to be provided with money. They will
have to find the funds from their own budgets, which often proves
extremely difficult.
These sites are often highly controversial with residents, local
Councillors and Members of Parliament who all want immediate
action. I anticipate DEFRA Ministers coming under significant
pressure, with no way of providing the resources needed".
For further details, please contact Andrew
Wiseman on 01489 555016 or 07748 980971.
[1] Under the Local Government Act 2003 s.31
[2] The Environmental Protection Act 1990 Part 2A
[3] Local authorities have until 1700 on 30 November 2007 to
submit their bids which were invited by way of a letter dated 29
October
[4] Andrew has acted for numerous local authorities in relation
to the contaminated land regime, is a former Chair of the UK
Environmental Law Association and currently is Convenor of UKELA's
Contaminated Land Working Party
[5] Details of a new grant system for 2008/9 is due to be
announced early in 2008
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