Kitelands Recreation Ground - erection of new play equipment

In July 2010 the planning application for the above equipment was declared invalid because Biggleswade Town Council had not provided a contamination assessment.

Part of Kitelands Recreation Ground was the site of an old clay pit up to 15 feet deep and was used as a landfill site. This was infilled with domestic waste by Biggleswade Urban District Council from approximately 1957 to 1967. The site was then topsoiled but there was a requirement to use poisons to prevent vermin and flies.

I have recently discovered the Biggleswade Town Council (Councillor Peter Vickers) sought further advice from Central Bedfordshire Council.  At the end of August 2010 the further advice from CBC was that it could be argued that Planning Permission was not required and the works could be carried out under the General Permitted Development Order 1995. They did recommend that appropriate advice is first obtained regarding installing the play equipment on a former landfill site and the health and safety issues that this raises.

I have recently seen a document dated January 2011, which says that BTC are awaiting a test pit to be dug and a risk assessment carried out in order that they can proceed. That to me sounds like a foregone conclusion.

The Bedfordshire Waste and Minerals Team were concerned at the time of the application as some of the play equipment requires foundations of at least 0.75metres (nearly 30 inches).

I recently have been in touch with them and they share my concerns that any development carried out in this area should have due regard to the site's past history as a landfill site.  Their records on the site are limited and very general, but they have been made available to the Town Council's agents.  The Minerals and Waste Team thinks the suitability of any part of the site for any particular development is likely to be subject to wide variations, so the more detailed a survey carried out will provide a clearer picture and enable a better risk assessment by an appropriately qualified person.

They go on to say, however, as the development appears to be permitted by virtue of the General Development Order (GDO) the local planning authority (CBC) cannot condition or insist upon the level of appropriate investigation.  This of course does not exempt a developer from responsibilities under other legislation.

I have now been in touch with Environmental Health, Public Protection who say:

Please be advised that Levitt Partnership have been contacted with the full guidance and offer of interpretive assistance which we would share with any other developer under similar circumstances.

I thank you for your message and highlighting of the site. As you know we can not compel anyone in these circumstances to take a particular approach but we trust that the combination of likely manageable risks, a relatively low impact proposal and our highlighting of responsibilities, potential consequences, best practice, legislation and sources of guidance will result in a safe, secure and successful addition to the community's play resources.