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St james/Lambeth/Berkeley group 'asbestos contamination' at westbury

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Dear Lambeth Borough Council,
Due diligence questionnaire: environmental issues and Asbestos contamination relating to westbury

FAO:

A ANDREW TRAVERS CEO OF LAMBETH COUNCIL , ALISON MCKANE –MONITORING OFFICER, GREG CARSON- COUNCIL LAWYER, SUE FOSTER(REGENERATION SUPERVISOR) FOR Jed young, CLLR Matthew Bennett(regeneration)
And
B SIMON LEWIS(previous contact regarding s106), GILES ENION OF ST JAMES/(site manager) c/o Berkelys Group Plc

Berkeley, Board of Directors, Tony Pidgley

Tony Pidgley, CBE
Chairman

Berkeley, Board of Directors, Rob Perrins
Rob Perrins BSc (Hons) FCA
Chief Executive

Berkeley, Board of Directors, Richard Stearn

Richard Stearn BSc (Hons) FCA
Group Finance Director

Berkeley, Board of Directors, Karl Whiteman

Karl Whiteman
Executive Director

Berkeley, Board of Directors, Sean Ellis
Sean Ellis
Executive Director

Berkeley, Board of Directors, Justin Tibaldi

Justin Tibaldi
Executive Director

Berkeley, Board of Directors, Paul Vallone

Paul Vallone
Executive Director

Berkeley, Board of Directors, Sir John Armitt

Sir John Armitt
Non-executive Director

Berkeley, Board of Directors, Alison Nimmo

Alison Nimmo, CBE
Non-executive Director

Berkeley, Board of Directors, Veronica Wadley

Veronica Wadley, CBE
Non-executive Director

Berkeley, Board of Directors, Glyn Barker
Glyn Barker BSc (Hons)
Non-executive Director

Berkeley, Board of Directors, Adrian Li
Adrian Li
Non-executive Director

Berkeley, Board of Directors, Andy Myers

Andy Myers ACA
Non-executive Director

Berkeley, Board of Directors, Diana Brightmore-Armour

Diana Brightmore-Armour FCCA
Non-executive Director

Berkeley, Board of Directors, Peter Vernon

Peter Vernon 
Non-executive Director


Berkeley, Board of Directors, Rachel Downey

Rachel Downey ACA
Non-executive Director

C PLANNING COMMITTEE OF LAMBETH COUNCIL THAT AUTHORISED THE DECISION IN FEB/MARCH 2018 AND LATER CABINET ON THE 17 DEC 2018

DUE DILIGENCE QUESTIONNAIRE FOR ASBESTOS CONTAMINATION AT WESTBURY IN GENERAL AND ILSLEY COURT AMONG OTHER LOCATIONS

‘The problem with asbestos
Asbestos and its uses
Asbestos is the name given to a group of six different fibrous minerals (amosite, chrysotile, crocidolite, and the fibrous varieties of tremolite, actinolite and anthophyllite), that occur naturally in the environment.
 
Asbestos minerals have separable, long fibres that are strong and flexible enough to be spun and woven, and are fire and heat resistant. These characteristics made asbestos a useful material in a wide range of manufactured goods, mostly in building materials, where it provided protection from heat, fire and sound. It was used extensively, for example, in floor tiles, as insulation around pipes, for wall and ceiling panels, roofing, and decorative plasters.
 
By the late 1960s, there was a growing awareness of the health problems associated with asbestos and it is now recognised as one of the most significant health hazards in the world.
 
Asbestos and the need for statutory regulation
When asbestos is disturbed or damaged, fibres are released into the air and, if inhaled, can lead to lung and other diseases. In particular, people who are exposed to asbestos have increased chances of getting two principal types of cancer: cancer of the lung tissue itself and mesothelioma, a cancer of the thin membrane that surrounds the lung and other internal organs. These diseases do not generally develop immediately following exposure to asbestos but appear after a delay of between 15 and 60 years.
 
It is now illegal to use any form of asbestos in the construction or refurbishment of any buildings (see Regulations 25-28: Prohibitions). Much of what was used in the past, however, is still in place, constituting a significant health risk to all those involved in building, renovation or maintenance work’.

• ENVIRONMENTAL DUE DILIGENCE

1.1 Please provide copies of all environmental reports, audits or other assessments relating to 1lsley court and Westbury estate SW8 3lp within the last 2-3 years.
1.2 Please provide copies of environmental information held on the local authority’s

1.3 What activities are being or have been carried out at the properties, both by St james/builders or its contractors and previous users?

1.4 Is St James and Lambeth subject to any waste management arrangements in respect of hazardous waste (other than for de minimis amounts)? If yes, please provide details.

1.5 Please provide details of any hazardous substances (such as oil, chemicals or radioactive substances) used or stored (whether above or below ground) at the property/Land.
1.8 Does the business/St james/Lambeth have an environmental policy or statement? If yes, please provide a copy.

1.9 Does the business,/ St james/Lambeth have an environmental management system in place (for example, ISO 14001)? If yes, please provide details.

1.10 Does the business, St james/Lambeth / measure and report on its greenhouse gas (GHG) emissions, and does it have a climate change strategy? If yes, please provide copies of the latest GHG emissions report and the climate change strategy.

1.11 Does the business, St james/Lambeth participate, or is it required to participate, in the current phase of the EU Emissions Trading Scheme (EU ETS)?

1.12 If the business St james/Lambeth, participates in the EU ETS, please confirm that it has met all of its obligations under that scheme to date by the relevant deadlines.

1.13 Has any enforcement action been taken against the business St james/Lambeth, by the scheme administrator? If yes, please provide details of any civil penalties incurred by the business.

1.14 Please provide copies of all current environmental permits (including any environmental consents, authorisations, registrations or licences) relating to the business St james/Lambeth, and details of any pending applications for new permits or variations to existing permits.

1.15 Are any works to the properties/Land necessary to ensure compliance with the permits, consents, authorisations, registrations or licences?

1.16 Please provide details of any breach of relevant environmental law or environmental permits (including any environmental consents, authorisations, registrations or licences). In particular, please provide details of any circumstances that could result in the relevant regulatory authority revoking any environmental permit necessary for the operation of the business, or refusing the grant, renewal or transfer of any environmental permit.

1.17 Please provide details of any complaints, enforcement action or legal proceedings threatened or taken by any regulatory authority or third party (including any neighbours or environmental action groups) in respect of any environmental matter relating to the business or any of the properties. Please provide details of any current investigations by, or discussions with, any regulatory authority relating to the business or any of the properties.

1.18 Please provide details of any material expenditure on environmental matters (including estimated amounts) that is likely to be required in respect of the business or the properties (for example, any upgrade works necessary to comply with environmental laws or permits). Has any allocation been made for this in the business St james/Lambeth,’ capital expenditure or accounts?

1.19 Please provide copies of any environmental insurance or indemnities held for the benefit of any of the residents..

2. HEALTH AND SAFETY DUE DILIGENCE

2.1 Please provide copies of all health and safety reports, audits or other assessments relating to the business and the properties that were commissioned within the last [three] years. [Please confirm if the relevant consultants have agreed to provide letters of reliance or collateral warranties and, if so, please provide details of their professional indemnity insurance limits.]
2.2 Does the business St james/Lambeth, have a safety management system in place? If yes, please provide evidence of such a system.
1.6 Please provide details of any actual or suspected soil contamination or water (including groundwater) pollution at any of the properties/Land. Please provide details of any:

(a) actual or suspected migration of contamination to, or from, the properties.

(b) contamination or pollution incidents at the properties.

1.7 Is there any asbestos present at any of the properties and have all the necessary risk assessments been carried out? Please provide details, including copies of all asbestos reports and management plans prepared in the last [two] years.

1.8 Does the business/St james/Lambeth have an environmental policy or statement? If yes, please provide a copy.

1.9 Does the business,/ St james/Lambeth have an environmental management system in place (for example, ISO 14001)? If yes, please provide details.

1.10 Does the business, St james/Lambeth / measure and report on its greenhouse gas (GHG) emissions, and does it have a climate change strategy? If yes, please provide copies of the latest GHG emissions report and the climate change strategy.

1.11 Does the business, St james/Lambeth participate, or is it required to participate, in the current phase of the EU Emissions Trading Scheme (EU ETS)?

1.12 If the business St james/Lambeth, participates in the EU ETS, please confirm that it has met all of its obligations under that scheme to date by the relevant deadlines.

1.13 Has any enforcement action been taken against the business St james/Lambeth, by the scheme administrator? If yes, please provide details of any civil penalties incurred by the business.

1.14 Please provide copies of all current environmental permits (including any environmental consents, authorisations, registrations or licences) relating to the business St james/Lambeth, and details of any pending applications for new permits or variations to existing permits.

1.15 Are any works to the properties/Land necessary to ensure compliance with the permits, consents, authorisations, registrations or licences?

1.16 Please provide details of any breach of relevant environmental law or environmental permits (including any environmental consents, authorisations, registrations or licences). In particular, please provide details of any circumstances that could result in the relevant regulatory authority revoking any environmental permit necessary for the operation of the business, or refusing the grant, renewal or transfer of any environmental permit.

1.17 Please provide details of any complaints, enforcement action or legal proceedings threatened or taken by any regulatory authority or third party (including any neighbours or environmental action groups) in respect of any environmental matter relating to the business or any of the properties. Please provide details of any current investigations by, or discussions with, any regulatory authority relating to the business or any of the properties.

1.18 Please provide details of any material expenditure on environmental matters (including estimated amounts) that is likely to be required in respect of the business or the properties (for example, any upgrade works necessary to comply with environmental laws or permits). Has any allocation been made for this in the business St james/Lambeth,’ capital expenditure or accounts?

1.19 Please provide copies of any environmental insurance or indemnities held for the benefit of any of the residents..

2. HEALTH AND SAFETY DUE DILIGENCE

2.1 Please provide copies of all health and safety reports, audits or other assessments relating to the business and the properties that were commissioned within the last [three] years. [Please confirm if the relevant consultants have agreed to provide letters of reliance or collateral warranties and, if so, please provide details of their professional indemnity insurance limits.]
2.2 Does the business St james/Lambeth, have a safety management system in place? If yes, please provide evidence of such a system.

2.3 Please provide details of the health and safety training that the business provides for its staff and contractors.

2.4 Please provide details of any breach of any health and safety laws by the business.

2.5 Who is in charge of health and safety for the business? Will that person be employed by the buyer or the new owner of the business (as appropriate) following the transaction or will a new health and safety manager need to be appointed?

2.6 Have all the necessary statutory health and safety risk assessments relevant to the business been carried out and are all the necessary manuals and health and safety management policies and systems in place? Please provide copies of all health and safety manuals, logbooks, permits and records required by health and safety laws.

2.7 In respect of any health and safety matter, please provide details of:

(a) Any notification or complaints to any regulatory authority.

(b) Any enforcement action (such as enforcement and prohibition notices) or legal proceedings threatened or taken by any regulatory authority.

(c) Any complaints or legal proceedings threatened or taken by any employee (including both current and former employees and contractors).

Is the business under any current investigations by, or in discussions with, any regulatory authority in respect of any health and safety matter?

2.8 Does the business have adequate employer’s liability and public liability insurance cover in place? Please provide details of any notification to the business’ insurers.

2.9 Is any material expenditure in respect of health and safety matters likely to be required (for example, any upgrade works to plant and equipment in order to comply with health and safety laws)? Has any allocation been made for this in the business’ capital expenditure or accounts?

What EXACTLY IS THE TYPE OF ABESTOS contamination is being dug up and why?
 
What are the side effects to residents, older people and children?
 
Can we immediately have all documents relating to that 'contamination'?
 
Why are they bringing hoarding right at our door steps and living rooms in general and especially to the right of ilsley court where they claim they are not going to dig?
 
Is this all designed to invade people's living spaces and put them under duress to leave their homes without adequate and timely compensation?
 
Does the issue of 'contamination' if not immediately resolved rise to the level that requires the HSE and the police immediately involved due to the issue of public safety, to the entire neighbourhood and school?
When did SUE FOSTER KNOW ?
When did senor management know?
WHEN DID THE LOCAL COUNCILLORS KNOW, SUCH AS NIGEL HASELDENE AND CHRISTOPHER WELLEBELOVE(CHECK NAMES]?
WHEN DID JED YOUNG KNOW?
PLEASE PROVIDE EVIDENCE OF RESIDENTS AT THE PROXIMATE LOCATION SUCH AS ILSlEY COURT WERE MEANINGFULLY INFORMED?
WHY ARE OFFICERS LIKE JED YOUNG AND GREG CARSON perceived to be OBSTRUCTING REHOUSING OF SOME KNOWN AFFECTED PROXIMATE RESIDENT/S SUCH AS AT ILSLEY COURT DESPITE THE ASBESTOS CONTAMINATION OR S39 OF LCA1973?
WHEN DID ST JAMES/Berkely group KNOW?
WHY DID THE SITE MANAGER ON OR AROUND THE 10TH /01/2019 BETWEEN 10-11AM AT ILSELEY COURT IN THE GREEN AREA OUTSIDE FLATS NO 14, WHEN ASKED why DID you NOT TELL THE RESIDENT THAT IT WAS ASBESTOS CONTAMINATION?
PLEASE PROVIDE THE SPECIFIC DETAILS OF THE REASONS AND THE RESULTS OF THE EXCAVATION/DRILLING SINCE 2016 TO DATE ON WESTBURY ESTATE, AT THE GARAGES. THE COMPOUND AREA AT ILSLEY COURT, OPPOSITE THE HEATHBROOK SCHOOL(ST RULE STREET)?
PLEASE EXPLAIN WITH EVIDENCE IF THAT DRILLIING/EXCAVATION DID OR NOT EXPOSE RESIDENTS TO ASBESTOS.

PLEASE PROVIDE ALL INFORMATION TO DATE RELATING TO ASBESTOS EXPOSURE AND ALL PERSONS INVOLVED AT ST JAMES AND LAMBETH TO DATE.

Yours faithfully,

West Bury

Jane Shields, Lambeth Borough Council

Information request
Our reference: IR267792

--------------------------------------------------------------------------

Request details:  Freedom of Information request - St
james/Lambeth/Berkeley group 'asbestos contamination' at westbury .
 
We acknowledge receipt of your request for information that was received
on17 January 2019.

We are dealing with your request and aim to respond within 20 working
days, by 14 February 2019.
Thank you for your interest in Lambeth Council.
 
 
Yours sincerely

Debra Naylor
 
 
Freedom of Information Team
London Borough of Lambeth
E-mail: [Lambeth Borough Council request email]
website: www.lambeth.gov.uk
 
Lambeth - the co-operative council
 

centralteam, Lambeth Borough Council

Dear Sir / Madam

 

Thank you for your request received on 17 January 2019.  This request is
being handled under the Environmental Information Regulations 2004 (EIR). 
Please find below our response to the information you requested, which
was:

 

Dear Lambeth Borough Council,

Due diligence questionnaire: environmental issues and Asbestos
contamination relating to westbury

 

FAO:

 

A          ANDREW TRAVERS CEO OF LAMBETH COUNCIL , ALISON MCKANE
–MONITORING OFFICER, GREG CARSON- COUNCIL LAWYER, SUE FOSTER(REGENERATION
SUPERVISOR) FOR Jed young, CLLR Matthew Bennett(regeneration)

And

B          SIMON LEWIS(previous contact regarding s106), GILES ENION OF ST
JAMES/(site manager) c/o  Berkelys Group Plc

 

Berkeley, Board of Directors, Tony Pidgley

 

Tony Pidgley, CBE

Chairman

 

Berkeley, Board of Directors, Rob Perrins Rob Perrins BSc (Hons) FCA Chief
Executive

 

Berkeley, Board of Directors, Richard Stearn

 

Richard Stearn BSc (Hons) FCA

Group Finance Director

 

Berkeley, Board of Directors, Karl Whiteman

 

Karl Whiteman

Executive Director

 

Berkeley, Board of Directors, Sean Ellis Sean Ellis Executive Director

 

Berkeley, Board of Directors, Justin Tibaldi

 

Justin Tibaldi

Executive Director

 

Berkeley, Board of Directors, Paul Vallone

 

Paul Vallone

Executive Director

 

Berkeley, Board of Directors, Sir John Armitt

 

Sir John Armitt

Non-executive Director

 

Berkeley, Board of Directors, Alison Nimmo

 

Alison Nimmo, CBE

Non-executive Director

 

Berkeley, Board of Directors, Veronica Wadley

 

Veronica Wadley, CBE

Non-executive Director

 

Berkeley, Board of Directors, Glyn Barker Glyn Barker BSc (Hons)
Non-executive Director

 

Berkeley, Board of Directors, Adrian Li

Adrian Li

Non-executive Director

 

Berkeley, Board of Directors, Andy Myers

 

Andy Myers ACA

Non-executive Director

 

Berkeley, Board of Directors, Diana Brightmore-Armour

 

Diana Brightmore-Armour FCCA

Non-executive Director

 

Berkeley, Board of Directors, Peter Vernon

 

Peter Vernon

Non-executive Director

 

 

Berkeley, Board of Directors, Rachel Downey

 

Rachel Downey ACA

Non-executive Director

 

C         PLANNING COMMITTEE OF LAMBETH COUNCIL THAT AUTHORISED THE
DECISION IN FEB/MARCH 2018 AND LATER CABINET ON THE 17 DEC 2018

 

DUE DILIGENCE QUESTIONNAIRE FOR ASBESTOS CONTAMINATION AT WESTBURY IN
GENERAL AND ILSLEY COURT AMONG OTHER LOCATIONS

 

‘The problem with asbestos

Asbestos and its uses

Asbestos is the name given to a group of six different fibrous minerals
(amosite, chrysotile, crocidolite, and the fibrous varieties of tremolite,
actinolite and anthophyllite), that occur naturally in the environment.

 

Asbestos minerals have separable, long fibres that are strong and flexible
enough to be spun and woven, and are fire and heat resistant. These
characteristics made asbestos a useful material in a wide range of
manufactured goods, mostly in building materials, where it provided
protection from heat, fire and sound. It was used extensively, for
example, in floor tiles, as insulation around pipes, for wall and ceiling
panels, roofing, and decorative plasters.

 

By the late 1960s, there was a growing awareness of the health problems
associated with asbestos and it is now recognised as one of the most
significant health hazards in the world.

 

Asbestos and the need for statutory regulation

When asbestos is disturbed or damaged, fibres are released into the air
and, if inhaled, can lead to lung and other diseases. In particular,
people who are exposed to asbestos have increased chances of getting two
principal types of cancer: cancer of the lung tissue itself and
mesothelioma, a cancer of the thin membrane that surrounds the lung and
other internal organs. These diseases do not generally develop immediately
following exposure to asbestos but appear after a delay of between 15 and
60 years.

 

It is now illegal to use any form of asbestos in the construction or
refurbishment of any buildings (see Regulations 25-28: Prohibitions). Much
of what was used in the past, however, is still in place, constituting a
significant health risk to all those involved in building, renovation or
maintenance work’.

 

•           ENVIRONMENTAL DUE DILIGENCE 

 

1.1  Please provide copies of all environmental reports, audits or other
assessments relating to 1lsley court and Westbury estate SW8 3lp within
the last 2-3 years.

1.2  Please provide copies of  environmental information held on the local
authority’s

 

1.3  What activities are being or have been carried out at the properties,
both by St james/builders or its contractors  and previous users?

 

1.4  Is St James and Lambeth subject to any waste management arrangements
in respect of hazardous waste (other than for de minimis amounts)? If yes,
please provide details.

 

1.5  Please provide details of any hazardous substances (such as oil,
chemicals or radioactive substances) used or stored (whether above or
below ground) at  the property/Land.

1.8  Does the business/St james/Lambeth have an environmental policy or
statement? If yes, please provide a copy.

 

1.9  Does the business,/ St james/Lambeth have an environmental management
system in place (for example, ISO 14001)? If yes, please provide details.

 

1.10  Does the business, St james/Lambeth / measure and report on its
greenhouse gas (GHG) emissions, and does it have a climate change
strategy? If yes, please provide copies of the latest GHG emissions report
and the climate change strategy.

 

1.11  Does the business, St james/Lambeth participate, or is it required
to participate, in the current phase of the EU Emissions Trading Scheme
(EU ETS)?

 

1.12  If the business St james/Lambeth, participates in the EU ETS, please
confirm that it has met all of its obligations under that scheme to date
by the relevant deadlines.

 

1.13  Has any enforcement action been taken against the business St
james/Lambeth, by the scheme administrator? If yes, please provide details
of any civil penalties incurred by the business.

 

1.14  Please provide copies of all current environmental permits
(including any environmental consents, authorisations, registrations or
licences) relating to the business St james/Lambeth, and details of any
pending applications for new permits or variations to existing permits.

 

1.15  Are any works to the properties/Land  necessary to ensure compliance
with the permits, consents, authorisations, registrations or licences?

 

1.16  Please provide details of any breach of relevant environmental law
or environmental permits (including any environmental consents,
authorisations, registrations or licences). In particular, please provide
details of any circumstances that could result in the relevant regulatory
authority revoking any environmental permit necessary for the operation of
the business, or refusing the grant, renewal or transfer of any
environmental permit.

 

1.17  Please provide details of any complaints, enforcement action or
legal proceedings threatened or taken by any regulatory authority or third
party (including any neighbours or environmental action groups) in respect
of any environmental matter relating to the business or any of the
properties. Please provide details of any current investigations by, or
discussions with, any regulatory authority relating to the business or any
of the properties.

 

1.18  Please provide details of any material expenditure on environmental
matters (including estimated amounts) that is likely to be required in
respect of the business or the properties (for example, any upgrade works
necessary to comply with environmental laws or permits). Has any
allocation been made for this in the business St james/Lambeth,’ capital
expenditure or accounts?

 

1.19  Please provide copies of any environmental insurance or indemnities
held for the benefit of any of the residents..

 

2.  HEALTH AND SAFETY DUE DILIGENCE 

 

2.1  Please provide copies of all health and safety reports, audits or
other assessments relating to the business and the properties that were
commissioned within the last [three] years. [Please confirm if the
relevant consultants have agreed to provide letters of reliance or
collateral warranties and, if so, please provide details of their
professional indemnity insurance limits.]

2.2  Does the business St james/Lambeth, have a safety management system
in place? If yes, please provide evidence of such a system.

1.6  Please provide details of any actual or suspected soil contamination
or water (including groundwater) pollution at any of the properties/Land.
Please provide details of any:

 

(a)  actual or suspected migration of contamination to, or from, the
properties.

 

(b)  contamination or pollution incidents at the properties.

 

1.7  Is there any asbestos present at any of the properties and have all
the necessary risk assessments been carried out? Please provide details,
including copies of all asbestos reports and management plans prepared in
the last [two] years.

 

1.8  Does the business/St james/Lambeth have an environmental policy or
statement? If yes, please provide a copy.

 

1.9  Does the business,/ St james/Lambeth have an environmental management
system in place (for example, ISO 14001)? If yes, please provide details.

 

1.10  Does the business, St james/Lambeth / measure and report on its
greenhouse gas (GHG) emissions, and does it have a climate change
strategy? If yes, please provide copies of the latest GHG emissions report
and the climate change strategy.

 

1.11  Does the business, St james/Lambeth participate, or is it required
to participate, in the current phase of the EU Emissions Trading Scheme
(EU ETS)?

 

1.12  If the business St james/Lambeth, participates in the EU ETS, please
confirm that it has met all of its obligations under that scheme to date
by the relevant deadlines.

 

1.13  Has any enforcement action been taken against the business St
james/Lambeth, by the scheme administrator? If yes, please provide details
of any civil penalties incurred by the business.

 

1.14  Please provide copies of all current environmental permits
(including any environmental consents, authorisations, registrations or
licences) relating to the business St james/Lambeth, and details of any
pending applications for new permits or variations to existing permits.

 

1.15  Are any works to the properties/Land  necessary to ensure compliance
with the permits, consents, authorisations, registrations or licences?

 

1.16  Please provide details of any breach of relevant environmental law
or environmental permits (including any environmental consents,
authorisations, registrations or licences). In particular, please provide
details of any circumstances that could result in the relevant regulatory
authority revoking any environmental permit necessary for the operation of
the business, or refusing the grant, renewal or transfer of any
environmental permit.

 

1.17  Please provide details of any complaints, enforcement action or
legal proceedings threatened or taken by any regulatory authority or third
party (including any neighbours or environmental action groups) in respect
of any environmental matter relating to the business or any of the
properties. Please provide details of any current investigations by, or
discussions with, any regulatory authority relating to the business or any
of the properties.

 

1.18  Please provide details of any material expenditure on environmental
matters (including estimated amounts) that is likely to be required in
respect of the business or the properties (for example, any upgrade works
necessary to comply with environmental laws or permits). Has any
allocation been made for this in the business St james/Lambeth,’ capital
expenditure or accounts?

 

1.19  Please provide copies of any environmental insurance or indemnities
held for the benefit of any of the residents..

 

2.  HEALTH AND SAFETY DUE DILIGENCE 

 

2.1  Please provide copies of all health and safety reports, audits or
other assessments relating to the business and the properties that were
commissioned within the last [three] years. [Please confirm if the
relevant consultants have agreed to provide letters of reliance or
collateral warranties and, if so, please provide details of their
professional indemnity insurance limits.]

2.2  Does the business St james/Lambeth, have a safety management system
in place? If yes, please provide evidence of such a system.

 

2.3  Please provide details of the health and safety training that the
business provides for its staff and contractors.

 

2.4  Please provide details of any breach of any health and safety laws by
the business.

 

2.5  Who is in charge of health and safety for the business? Will that
person be employed by the buyer or the new owner of the business (as
appropriate) following the transaction or will a new health and safety
manager need to be appointed?

 

2.6  Have all the necessary statutory health and safety risk assessments
relevant to the business been carried out and are all the necessary
manuals and health and safety management policies and systems in place?
Please provide copies of all health and safety manuals, logbooks, permits
and records required by health and safety laws.

 

2.7  In respect of any health and safety matter, please provide details
of:

 

(a)  Any notification or complaints to any regulatory authority.

 

(b)  Any enforcement action (such as enforcement and prohibition notices)
or legal proceedings threatened or taken by any regulatory authority.

 

(c)  Any complaints or legal proceedings threatened or taken by any
employee (including both current and former employees and contractors).

 

Is the business under any current investigations by, or in discussions
with, any regulatory authority in respect of any health and safety matter?

 

2.8  Does the business have adequate employer’s liability and public
liability insurance cover in place? Please provide details of any
notification to the business’ insurers.

 

2.9  Is any material expenditure in respect of health and safety matters
likely to be required (for example, any upgrade works to plant and
equipment in order to comply with health and safety laws)? Has any
allocation been made for this in the business’ capital expenditure or
accounts?

 

What EXACTLY IS THE TYPE OF ABESTOS  contamination is being dug up and
why?

 

What are the side effects to residents, older people and children?

 

Can we immediately have all documents relating to that 'contamination'?

 

Why are they bringing hoarding right at our door steps and living rooms in
general and especially to the right of ilsley court where they claim they
are not going to dig?

 

Is this all designed to invade people's living spaces and put them under
duress to leave their homes without adequate and timely compensation?

 

Does the issue of 'contamination' if not immediately resolved rise to the
level that requires the HSE and the police immediately involved due to the
issue of public safety, to the entire neighbourhood and school?

When did SUE FOSTER KNOW ?

When did senor management know?

WHEN DID THE LOCAL COUNCILLORS KNOW, SUCH AS NIGEL HASELDENE AND
CHRISTOPHER WELLEBELOVE(CHECK NAMES]?

WHEN DID JED YOUNG KNOW?

PLEASE PROVIDE EVIDENCE OF RESIDENTS AT THE PROXIMATE LOCATION SUCH AS
ILSlEY COURT WERE MEANINGFULLY INFORMED?

WHY ARE OFFICERS LIKE JED YOUNG AND GREG CARSON perceived to be
OBSTRUCTING REHOUSING OF SOME KNOWN AFFECTED PROXIMATE RESIDENT/S SUCH AS
AT ILSLEY COURT DESPITE THE ASBESTOS CONTAMINATION OR S39 OF LCA1973?

WHEN DID ST JAMES/Berkely group KNOW?

WHY DID THE SITE MANAGER ON OR AROUND THE 10TH /01/2019 BETWEEN 10-11AM AT
ILSELEY COURT IN THE GREEN AREA OUTSIDE FLATS NO 14, WHEN ASKED  why DID
you NOT TELL THE RESIDENT THAT IT WAS ASBESTOS CONTAMINATION?

PLEASE PROVIDE THE SPECIFIC DETAILS OF THE REASONS AND THE RESULTS OF THE
EXCAVATION/DRILLING SINCE  2016 TO DATE ON WESTBURY ESTATE, AT THE
GARAGES. THE COMPOUND AREA AT ILSLEY COURT, OPPOSITE THE HEATHBROOK
SCHOOL(ST RULE STREET)?

PLEASE EXPLAIN WITH EVIDENCE IF THAT  DRILLIING/EXCAVATION DID OR NOT
EXPOSE RESIDENTS TO ASBESTOS.

 

PLEASE PROVIDE ALL INFORMATION TO DATE RELATING TO ASBESTOS EXPOSURE AND
ALL PERSONS INVOLVED AT ST JAMES AND LAMBETH TO DATE.

 

Our Response

 

We consider that the EIR is the correct legislation for this response.

 

We note that Section 2(EIR) defines Environmental Information as follows:-

 

Environmental Information has the same meaning as in Article 2(1) of the
Directive, namely any information in written, visual, aural, electronic or
any other material form on—

 

a) the state of the elements of the environment, such as air and
atmosphere, water,soil, land, landscape and natural sites including
wetlands, coastal and marine areas, biological diversity and its
components, including genetically modified organisms, and the interaction
among these elements;

 

b) factors, such as substances, energy, noise, radiation or waste,
including radioactive waste, emissions, discharges and other releases into
the environment, affecting or likely to affect the elements of the
environment referred to in (a);

 

c) measures (including administrative measures), such as policies,
legislation, plans, programmes, environmental agreements, and activities
affecting or likely to affect the elements and factors referred to in (a)
and (b) as well as measures or activities designed to protect those
elements;

 

(d) reports on the implementation of environmental legislation;

 

(e) cost-benefit and other economic analyses and assumptions used within
the framework of the measures and activities referred to in (c); and

 

(f) the state of human health and safety, including the contamination of
the food chain, where relevant, conditions of human life, cultural sites
and built structures inasmuch as they are or may be affected by the state
of the elements of the environment referred to in (a) or, through those
elements, by any of the matters referred to in (b) and (c);

 

Regulation 12 (4)(b): Manifestly Unreasonable

 

We cannot comply with this request as we consider that it is manifestly
unreasonable in accordance with Regulation 12 (4) (b) EIR.

 

We consider that this Regulation applies due to the amount of time it
would take us to collate information to respond to the request and the
burden the request places on our authority.

 

We note the Commissioner’s position, as explained by the [1]East Devon
District Council case at paragraph 17:-

 

The EIR differ from the FOIA in that no specific limit is set on the
amount of work required by an authority to respond to a request as
provided by section 12 of the FOIA. The Freedom of Information and Data
Protection (Appropriate Limit and Fees) Regulations 2004 (the fees
regulations) which apply in relation to section 12 of the FOIA are not
directly relevant to the EIR - the cost limit and hourly rate set by the
fees regulations do not apply in relation to environmental information.
However, the Commissioner accepts that the fees regulations provide a
useful starting point where the reason for citing regulation 12(4)(b) is
the time and cost of a request but they are not a determining factor in
assessing whether the exception applies.

 

The Fees Regulations used by FOIA explains that the Council can refuse to
comply with a request if the cost of compliance will exceed the
Appropriate Limit under section 12. The limit is currently set at £450
which is the equivalent to 18 hours at £25 per hour.

 

We can also consider the time it would take our team to review the
information and apply any relevant exceptions. We consider it would be
likely that the following exception: Regulation 13: Personal Data may also
be applicable as it is not our intention to release information which may
lead to the identification of residents, customers and / or junior
employees.

 

The definition of personal data is set out in provision 3 of the Data
Protection Act 2018 as follows:-

 

(2)“Personal data” means any information relating to an identified or
identifiable living individual

 

(3)“Identifiable living individual” means a living individual who can be
identified, directly or indirectly, in particular by reference to—

 

(a)an identifier such as a name, an identification number, location data
or an online identifier, or

 

(b)one or more factors specific to the physical, physiological, genetic,
mental, economic, cultural or social identity of the individual.

 

From our preliminary assessment, we estimate that to retrieve, collate,
redact and comply with your request would exceed the appropriate costs
limit under Regulation 12 (4) (b) EIR.

 

Public Interest in Disclosure

 

We note that Regulation 12 (2) has a presumption of disclosure.

 

We also note that this matter is likely to be of interest to the local
community.

 

Information relating to this matter has already been published via:-

 

[2]http://estateregeneration.lambeth.gov.uk...

 

[3]https://planning.lambeth.gov.uk/online-a...

 

 

Public Interest in maintaining the exception

 

We consider that compiling a response to this request would be a
significant diversion of resources which would not be in the public
interest as it may disrupt other decision-making or other workloads. It is
not in the public interest to divert officer’s attention from their core
work in order that we respond to a request made by one individual which
may have limited wider public interest.

 

We also consider that information has been published via the above
web-links and that information will continue to be published online as
appropriate. This meets the public interest in providing information
relating to this site.

 

We consider overall that the public interest in maintaining the exception
outweighs the public interest in disclosure.

 

Should you wish to redefine or shorten your request then please resubmit
another request to us and we will consider if we can respond.

 

Right to Review

 

If you are dissatisfied with the way in which your Environmental
Information Regulations request has been dealt with you can request an
internal review.  Tell us why you are unhappy with our response within 40
working days, and it will be looked at afresh. We will aim to provide you
with our review response within 20 working days.

 

By email: [4][Lambeth Borough Council request email] (Please quote the reference number above)
or by writing to:

 

Freedom of Information
London Borough of Lambeth

P.O. Box 734

Winchester

S023 5DG

 

If you remain dissatisfied with the outcome of the review you have a
further right to appeal to the Information Commissioner, which regulates
the implementation of the Freedom of Information Act.  The Commissioner
can be contacted at the following address:

 

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

 

Enquiry line: 0303 123 1113

 

Website: [5]https://ico.org.uk/global/contact-us/

 

Thank you for your interest in Lambeth Council.

 

 

Corporate Complaints Unit

London Borough of Lambeth

Finance and Resources Department

Team Tel:  020 7926 0547

Website: [6]www.lambeth.gov.uk

 

 

If you have received this in error please delete all content and notify
the sender immediately.

 

Copyright

 

Some of the information that we provide in response to Freedom of
Information Act 2000 requests will be subject to copyright protection. In
most cases the copyright will be owned by Lambeth Council.

 

Applications for permission to reproduce extracts in published works,
should be made to the Freedom of Information Co-ordinator, London Borough
of Lambeth, P.O. Box 734, Winchester, S023 5DG.  Email:
[7][Lambeth Borough Council request email]

 

You are free to use any information supplied for your own non-commercial
research or private study purposes. The information may also be used for
any other purpose allowed by a limitation or exception in copyright law,
such as news reporting.

 

However, any other type of re-use, for example by publishing the
information in analogue or digital form, including on the internet, will
require the permission of the copyright owner.

 

The copyright in other information may be owned by another person or
organisation, is indicated on the information itself.  For information
where the copyright is owned by another person or organisation you must
apply to the copyright owner to obtain their permission.

 

Direct Marketing

 

If an organisation intends to use personal names and addresses from what
has been supplied to you for direct marketing, the organisation needs to
be registered with the Information Commissioner to process Personal Data
for this purpose.

 

Organisations must also check that the individual (whom you wish to
contact for direct marketing purposes) is not registered with one of the
Preference Services to prevent Direct Marketing, if they are you must
adhere to this Preference. Follow this Link [https://ico.org.uk/] for more
information. 

 

[8]Sign up for email updates about Empire Windrush celebrations at:
www.lambeth.gov.uk/empirewindrush

 

"This email (and/or attachments) may contain information that is legally
privileged.  If you have received this in error please delete all content
and notify the sender immediately."

 

 

 

 

References

Visible links
1. https://ico.org.uk/media/action-weve-tak...
2. http://estateregeneration.lambeth.gov.uk...
3. https://planning.lambeth.gov.uk/online-a...
4. mailto:[Lambeth Borough Council request email]
mailto:[Lambeth Borough Council request email]
5. https://ico.org.uk/global/contact-us/
6. http://www.lambeth.gov.uk/
7. mailto:[Lambeth Borough Council request email]
8. http://www.lambeth.gov.uk/empirewindrush

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