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Developer fined after failing to safely carry out demolition work

The owner of block of flats was prosecuted after a Health and Safety Executive (HSE) inspection identified serious safety breaches while it was being demolished.

Peterlee Magistrates’ Court heard that a member of the public raised concerns about the conditions at the site at 60 Pitcairn Road, Mitcham. Selliah Sivaneswaran was the owner of the property, but had failed to make appropriate appointments for the development project. The site had been inspected by the HSE in October 2016 and the work halted due to the workers being exposed to a range of risks including exposure to asbestos, falling from height, and fire.

The HSE revisited the site on 4 January 2017 and found the work had restarted and the site was still unsafe, despite enforcement Notices being served and advice being provided. The demolition was still being carried out by hand with workers climbing onto the unguarded roof and throwing the debris down. Workers were at risk of falling up to four metres through holes in the floors and partly demolished staircase. No welfare facilities had been provided and there was a significant risk of fire with the workers not being able to escape.

The project involved the demolition of the old flats and the construction of four one-bedroom flats and two two-bedroom flats on a site bought for £115,000 in 2001. The Court heard that despite the foreseeably large financial return from the project, Mr. Sivaneswaran put profit before safety and paid cash in hand to untrained workers, did not engage a site manager and provided none of the legally required site documentation.

Selliah Sivguru Sivaneswaran of Harlyn Drive, Pinner pleaded guilty to breaching Regulation 13(1) and 4(1) of the Construction (Design and Management) Regulations 2015 (CDM) and was fined £20,000 and ordered to pay £ 5928.28 in costs.

He was also ordered to pay a victim surcharge of £120.

HSE inspector Andrew Verrall-Withers commented after the hearing “Mr. Sivaneswaran was a commercial client as he was carrying out work as part of a business. When he failed to appoint a principal contractor, their duties fell on him.

“Thanks to a member of the public reporting the dangerous conditions the HSE was able to take action. It was just good fortune that no one had been killed at the site.

“Instead of taking the support and advice provided by the HSE, Mr. Sivaneswaran continued to let the workers operate in appalling conditions where they were at risk of being killed. He did not even provide them with a WC and washing facilities.”

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Housing firm fined £100,000 over construction site pollution

A major home building company has been fined £100,000 over a pollution incident relating to a housing development in Huddersfield.

Miller Homes Ltd, of Edinburgh, appeared before Leeds Crown Court on Wednesday 18th May following a pollution incident at Lindley Park, Huddersfield, in November 2013.

The company admitted one environmental offence for an unauthorised discharge of water, containing silt and sediment, from the construction site into a nearby watercourse that runs into Grimescar Dyke.

Flannery Civil Engineering Ltd, of Willow Bridge Way, Castleford, was fined £9,000 by Kirklees Magistrates’ Court in March after admitting a similar charge for its involvement in the same incident.

Prosecuting for the Environment Agency, Chris Bunting told the court that the polluted water should have been managed on the construction site, and that neither company had permission to discharge silt water from the site.

Miller Homes contracted Flannery to construct four storage lagoons in order to reduce the risk of flooding downstream. Straw bales were used on the outflow of the lower lagoon to prevent silt from leaving the site.

But following heavy rainfall in November 2013, the lower lagoon filled with water, and Flannery removed the straw bales to allow it to drain. With the bales removed, silt water ran directly into the watercourse, affecting water quality.

A member of the public reported the pollution incident to the Environment Agency, which sent an officer to investigate. He found that the watercourse was running a dark brown colour, and traced the source back to the development site.

The officer also saw that the straw bales were situated at the side of the lagoon, no longer filtering the discharge. Water entering the top lagoon was clear, but the water leaving the bottom lagoon was cloudy.

A spokesperson for the Environment Agency, said after the case “Environmental permitting laws exist to protect the environment and local communities from harm. This case shows how important it is that construction and other industrial companies adhere to the regulations to ensure that their activities do not pose a risk of pollution.”

“Miller Homes should have had more effective water management systems on the construction site to prevent the silty run-off from affecting local watercourses.”

“If anyone spots pollution of this kind, they are urged to contact the Environment Agency’s incident hotline on 0800 807060 so we can investigate.”

In mitigation, Miller Homes said they immediately improved the lagoon system following the incident. They added that they are one of a small number of house building companies that had achieved an accreditation for environmental standards, and that their board of directors had been “apoplectic” that the problem had not been reported to the Environment Agency or even themselves at the time.

The company was also ordered to pay £2,901.03 in costs.

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