Welcome Guest! The IOSH forums are a free resource to both members and non-members. Login or register to use them

Postings made by forum users are personal opinions. IOSH is not responsible for the content or accuracy of any of the information contained in forum postings. Please carefully consider any advice you receive.

Notification

Icon
Error

Options
Go to last post Go to first unread
Kuta  
#1 Posted : 17 January 2020 22:45:29(UTC)
Rank: New forum user
Kuta

Hi All, I'm in the process of opposing a Planning Application. Could councillors be held responsible if their decision contributed to a H&S breach? I'm concerned that in this situation the employer would be responsible, but might argue that the council decision tied his hands; could councillors be held accountable?

RayRapp  
#2 Posted : 18 January 2020 08:55:57(UTC)
Rank: Super forum user
RayRapp

With the sparse information provided it is difficult to give a qualified answer.

Normally in any H&S breach the Council would be held accountable in criminal law as an employer. It is possible that individual Councillors could be held to account for their actions but very unusual. 

peter gotch  
#3 Posted : 18 January 2020 12:26:25(UTC)
Rank: Super forum user
peter gotch

Kuta, in most scenarios the employer has to do what is "reasonably practicable". There are circumstances where planning constraints and conditions might impact on the options that are available and thence "rTeasonably practicable".

As example, I live in a Victorian town house with a slated roof. It's a Listed Building and in a conservation zone.

In an ideal world one might want to fit slope-mounted anchorages for people to attach to when doing maintenance work.

However, these have been designed for tiled roofs - you get a tile complete with anchorage. Couldn't use the same technology with a slate - it would fracture. There's absolutely no way that the Council would permit reroofing of the building with tiles. It would be wholly against stated planning policy (for very good reasons).

Therefore that option is NOT reasonably practicable.

Roundtuit  
#4 Posted : 18 January 2020 14:22:54(UTC)
Rank: Super forum user
Roundtuit

Any consideration of a safety issue relative to planning consent will require specialist or expert opinion. It is quite emotive to be considering holding planning members personally accountable. By example the three tunnel plans by HS2 for Euston station have just been rejected based upon expert witness.
Roundtuit  
#5 Posted : 18 January 2020 19:13:47(UTC)
Rank: Super forum user
Roundtuit

You really need to explain yourself as a council planning committe looks at planning rules, the authority plan and building regulations so what specific aspect of a submitted plan do you perceive will affect H&S legislation? Typically plans for fracking, crematoria, incinerators, roads also need to include Environmental not Safety legislation. Obstructing natural day light for example is not an H&S issue
Users browsing this topic
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.