Recent Projects

1. Expert witness to the London Borough of Enfield RSAF (Royal Small Arms Factory) Review Panel. This panel was set up to hold an arms length inquiry into risks and irregularities after the BBC Panorama special on contaminated land (March 2000) highlighted an array of potential problems associated with contamination at this complex Ministry of Defence site. Over 1,300 domestic properties were being built when I was appointed with the tasks of reviewing a series of consultants reports carried out over ten years and hearing evidence from several witnesses including the Head of Land Quality at the Environment Agency and a team of leading environmental consultants.

"The Panel adopts in its entirety the report of Roger Braithwaite shown in Annexe B. It found the advice, report and presentation to be clear, comprehensive, compelling and authoritative." Vivien Giladi Chair to the London Borough of Enfield RSAF Review Panel

2. Advisor to ACS International Ltd on the environmental impact of the use of a new beach recovery vehicle by the Royal Marines. The vehicle is currently being developed by Hägglunds Moelv, Norway.

3. Expert witness to a Metropolitan Borough who, as waste planning authority, were considering an application for the development of a very large landfill and materials recycling facility in a sandstone quarry which presents numerous and complex environmental risks. My aim was to clearly identify the risks which would arise from the proposal and consider how they could be mitigated, if at all, by environmental regulation. Also to make absolutely clear the role of the waste planning authority in the control of potentially polluting development. Cases of this kind are particularly difficult as the applicants invariably state that all environmental impacts will be controlled by the appropriate regulatory regime. Difficulties with new legislation relating to waste management and groundwater resulted in vague and unhelpful advice from the Environment Agency. After a long period of consultation, public meetings and referrals, the application was refused on the grounds I recommended. No appeal was lodged against the decision.

4. Expert witness to a District Council assessing the potential environmental impact of a new power station, heat recovery plant and associate horticultural development, on the Taw estuary.

5. Preliminary Part IIA investigation for a District Council at a site contaminated with high fraction hydrocarbons.

6. Comprehensive Part IIA site investigation and risk assessment for a Borough Council at a site located on a flood plane heavily contaminated with low fraction hydrocarbons

7. Investigation for a Unitary Authority in Wales relating to a residential site potentially contaminated with Anthrax spores.

8. Expert witness to a developer relating to an application for housing on a contaminated petrol station site.

9. Investigation for a Unitary Authority into an old gasworks site proposed for residential development. The situation complicated by the fact that the local authority in question was the enforcing authority for contaminated land, the relevant planning authority, and the owner of the site.

10. Expert witness for a Borough Council considering an inappropriate application for housing on a complex landfill site affected by a shallow and outcropping aquifer.

A selection of past cases
(Local Authority based)

a) CLINICAL WASTE INCINERATOR - Two week public inquiry regarding application for a clinical waste incinerator in a residential area. Representing a District Council, I was the sole technical witness against the application, opposing the Planning Authority, Her Majesty=s Inspectorate of Pollution, and a team of experts representing the applicants. The latter included consultants from Belgium, the UK and the Meteorological Office. The application was refused on the environmental grounds I proposed. All costs were paid by the appellant.

b) GASWORKS SITE - Two week public inquiry relating to the development of an old gasworks site for 100 residential units with gardens. Again representing a District Council, no agreement on the standard of remediation could be reached so the applicant appealed on the basis of non determination, and won. Unfortunately the Inspector had no technical advisor and his judgement was seriously flawed. The Council was persuaded to appeal the High Court, where the Secretary of State and applicants conceded and remediation to the full standard I had originally specified was required by the court via a planning obligation. Interestingly this is not an appropriate use of planning obligations! Full costs were paid by the Secretary of State.

c) LANDFILL SITE - Seven day public inquiry into the development of an industrial landfill in the green belt, to a sports and leisure facility. The application was granted, but to the standard I had required, which was prohibitively expensive. The site has therefore never been developed. d) LAND RAISE - Application for a touring caravan park. It was my position that development was not technically feasible. The application was, however, subsequently approved against my advice. The site was immediately sold with planning permission at a significant profit, but never developed. The new owner now accepts it is impossible.

e) LANDFILL SITE - Inquiry by written submission relating to the development of a landfill site for executive housing. The local planning authority were keen to approve the application but I advised against it on the grounds that it was not financially viable. The officers recommended approval as they believed my grounds were not valid. The Authority, however, took my advice and refused permission. The appeal by the applicant was thought to be a formality as they were advised permission would certainly be granted. It was refused on the grounds that the development proposed could not be achieved for the reasons I had stated.

f) PROPERTIES AFFECTED BY LANDFILL GAS - Over ten years was spent seeking to resolve a matter of landfill gas seeping into domestic dwellings incorrectly built on landfill. Two properties burned down following a mystery fire in the cavity walls, but landfill gas was never suspected. Subsequent investigations several years later identified the problem. All the properties became worthless overnight and several owners simply abandoned their homes. Many were re-possessed by banks and building societies. Two legal challenges were made, one by residents, and one by a major high street bank, who refused to accept the local authority position. Both cases were won by the local authority, unfortunately to the detriment of the innocent householders who had to fund the remediation.

g) MOTOR VEHICLE DISMANTLERS & MIXED INDUSTRIAL SITE - Application for housing refused on the basis of local plan policy, but the decision of the short public inquiry hinged on the feasibility of the developers proposals. Appeal again dismissed.

h) EXTENSION OF COMAH SITE - Only a wood yard to passers by, but one of the most contaminated sites in the UK, and the only COMAH (Control of Major Accident Hazard Regulations 1999) site in the County. The technical and legal issues were extremely complex and the local planning authority was confused by contradictions of various agencies involved. The Proposals to extend this site were eventually refused on environmental grounds. The decision was challenged by the applicants, but the Planning Inspector concurred with local authority that the environmental risks presented by the development were too great.

I have also been involved in many smaller cases relating to various environmental issues and nuisance, including major entertainment venues, motor sport facilities and airport noise.

I have dealt personally with hundreds of planning applications where there have been potentially significant environmental implications, including applications for new power stations, development of old power station sites, development of scrap yards, landfill and various types of industrial sites.