Rank: New forum user
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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?
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Rank: Super forum user
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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.
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Rank: Super forum user
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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.
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Rank: Super forum user
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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.
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Rank: Super forum user
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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.
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Rank: Super forum user
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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
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Rank: Super forum user
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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
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