Frequently Asked Question - Why is there a need to consult with the Environment Agency and Local Authority if contamination is not suspected i.e. a project progressed via Route B of the DoWCoP.

Why is there a need to consult with the Environment Agency and Local Authority if contamination is not suspected i.e. a project progressed via Route B of the DoWCoP.

Given that there is no suspicion of contamination there should be no need to consult. The Qualified Persons should satisfy themselves prior to signing the Declaration that there is evidence to support this e.g. Desk Top Study.

It will be good practice for the Qualified Person to include a clear request to see all relevant documents and to record those documents provided to them that formed the basis for the signed Declaration. It would be prudent to have a “full disclosure” clause in any contractual agreement between the Qualified Person and the person commissioning the works.

Under Route B – Direct Transfer – would there now be a need to consult?

Liaison with regulatory authorities regarding any development should continue as normal (e.g. discussions with local planning authority etc.) however there is no need to specifically consult the Environment Agency / Local Authority about remediation objectives or suitability of materials if such materials fit the description set out in Appendix 2 of the DoWCoP relating to Direct Transfer.