Silwood Residents Discuss the Contaminated Soil

Elaine Martin, Resident of the Silwood Estate

In a new video uploaded on the Spectacle site today, four residents of Silwood Estate discuss Higgins’ questionable actions of digging up their “contaminated” garden soil. Suzanne, Yvonne, Elaine and Mandy raise all the reasonable questions not included in the FAQ sheet sent to residents by Higgins. Why weren’t they given a full breakdown of the contamination? The residents contemplate whether the soil was even contaminated in the first place. And if it was, what health effects will that have on the residents who planted and ate produce from their soil? What stopped Higgins from giving the residents more notice of the works? Is the £250 compensation really going to cover all the damage and inconvenience caused? In Mandy’s words, is there more to the matter than what Higgins is telling the residents?

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Silwood Soil Contamination: Higgins’ response

Once they were gardens

Based on residents’ concerns about the mysterious and unspecified “soil contamination” of the back gardens of dwellings in phase 3A of the Silwood estate we put together our own “Frequently asked Questions” and put them to Higgins, the contractor:

9th July 2010

Re: Removal of topsoil on Silwood Estate SE16

Given the confusion among residents over this issue, we are contacting you formally to ask several questions about the topsoil, the contamination, and the ongoing digging works. Our questions are:

From where was the topsoil currently being removed brought?

Have soil tests been conducted on the contaminated soil, and if so, what did the results of these tests reveal?

What are the health consequences related to this soil contamination?

How is any contamination thought to have arisen?

For how long has Higgins Construction known about any contamination present in the topsoil?

Will any contamination have affected the fruit and vegetables grown in some residents’ gardens in such a way as might adversely affect the health of anyone who might eat them?

On what basis was the £250 compensation for each affected garden calculated?
How long will these works (removing contaminated topsoil, replacing it with new topsoil, and repairing residents’ gardens) take?

How much will these works (removing contaminated topsoil, replacing it with new topsoil, and repairing residents’ gardens) cost?

In addition, we were informed during a conversation on Silwood Estate with a Higgins Construction employee that some paperwork related to the contaminated topsoil had been lost. We would therefore also like to know:

Of what nature was this lost paperwork?

How was this paperwork lost?

If this lost paperwork was in connection with the contamination of the topsoil, why is the issue only being addressed now, several years after the topsoil was bought and laid in residents’ gardens?

As I am sure you will agree, it is manifestly in the public interest to have these question answered, since any environmental contamination constitutes a matter of public health and safety.

At first there was  silence, we sent the letter again and then we got a phone call from Keith Briggs Director for Preconstruction at Higgins Construction PLC. He wanted to know if we were an “elected representative body ” because if the Silwood Video Group were not elected Higgins did not need to answer our questions. I asked him to put his response in writing, here is an edited version below:

15th July

our Ref:C2292/KB/as

Dear Sirs,

[…] As we established in our [phone] discussion your organisation is not an elected representative body to speak on behalf of the residents […]
It is not appropriate for Higgins Construction PLC to enter into discussion with any party not forming part of our contractual obligation.

In other words Higgins was refusing to answer the questions, many of which only they could answer, on the spurious grounds that only an elected body was entitled to ask questions.

Dear Keith,

Thank you for your reply.I understand that Higgins are refusing to answer our legitimate questions regarding the soil contamination at the Silwood. In a democracy residents do not need to ask questions via an elected body. Indeed there is no such elected body on the estate. To use this as grounds for refusing to answer legitimate questions goes against accepted notions of freedom of speech and accountability.

I would like to draw your attention to your own website:

Corporate Social Responsibility

When it comes to Corporate Social Responsibility (CSR), Higgins believes in going beyond the minimum requirements. [….] we have developed a CSR policy that’s based on 6 core principles:

1 Environment – taking responsibility for the mark we make on the environment

If Keith had not been so keen to jump on the fact that the Silwood Video Group was not an elected representative body I could have told him that almost uniquely I  was in fact democratically elected by resident members as  Chair of the SVG. But he thought he had his excuse to ignore us and got off the phone in haste.

As Higgins suggested we did write to the two Registered Social Landlords (RSLs) London and Quadrant and Presentation (now part of Notting Hill Housing Association ). We await their reply…

Those few residents who have now had their gardens put back as they were have received their compensation cheques for £250, interestingly not from  the RSLs but from Higgins.

Meanwhile residents sweat it out (indoors) worrying about their health.

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Digging Down Deeper at Silwood

Yet another twist in the Silwood tale as around 50 residents are having their back gardens dug up because of ‘contaminated’ topsoil.

All residents in Phase 3a of the estate plans will have to endure this disruption, as diggers roll in to pull up plants, trees, and even patios.

And the reason behind these noisy – and presumably expensive – works? Topsoil that is apparently contaminated with ‘light traces of oil’, said a spokesman from Higgins Construction, the building firm working on the estate.

The gardens affected were previously filled with topsoil bought in from elsewhere. And it’s unclear whether the soil has been contaminated right from the start. Some residents suspect as much, saying that plants seeded in the soil haven’t grown easily. One pointed out a rose bush planted five years ago – still barely more than a few shoots.

But the Higgins Construction spokesman we met suggested that oil could have made it into the soil through people ‘redecorating’ their sheds and fences. It would have to have been fairly large-scale redecoration to have contaminated the soil in so many different gardens.

There’s also the mysterious matter of some missing paperwork regarding the topsoil bought in several years ago. It was lost, apparently, somewhere between Higgins Construction, Lewisham council, and the contractor. It seems that the relevant paperwork was not in place when the original bought-in topsoil was laid down.

Residents are certainly confused about what’s been going on. The first they heard of the new digging works was a note through their letterboxes saying their soil was contaminated.

They weren’t allowed to opt-out of the works, and many feel that they  weren’t given sufficient explanation as to why their gardens have to be destroyed in this way.

Several residents also expressed great sadness at the loss of their gardens – and some who had been eating food grown in their plots were worried about the effect the contamination could have had on their fruit and vegetables, and therefore on their own health.

The Silwood  Video Group plans to write to Higgins Construction, London and Quadrant, and Lewisham council asking for a formal explanation of what the contamination is,  how it occurred and the health implications. We also want to find out how long the works will take – as some tenants say the disruption has already gone on for longer than was promised.

Keep an eye on the Spectacle Blog for updates on their responses.

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Waiting for Godot: The Silwood Diaries

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At this month’s Residents Meeting (5th May), the rolling issue of the Pocket Park was raised. The park (sans grass) has been opened, and then closed, on and off for the last 6 to 12 months, and as it is the only source of outside space provided for young people on the Silwood as part of one of London & Quadrant’s Section 106 contracts, there is rising concern by parents.

‘Health and Safety’ issues were cited as the primary reason by L & Q officials at the meeting, however the nature of these health and safety issues were unable to be clarified when enquiries were made. Silwood Video Group members were told simply that there are ‘more repairs that need to be done to the park. This has been passed back to the contractor. As soon as these repairs are done, the park will be opened.’ It is unlikely that L &Q would be unaware of specific problems (if there were any), and seeing as children climbing over the gates in order to access the park (as they habitually do) presents greater health and safety risks, such an answer has not assuaged the residents’ questions, or annoyance.

Let’s hope that Godot, in the form of the golden key to the Pocket Park, decides to turn up soon…

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Silwood Community Forum – Wednesday 5th May – NEW SPEAKER

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John Lumley, the Development Manager for the Silwood project, has agreed to attend next week’s Residents’ Community Forum and will be available to answer any questions. The meeting will take place at 6:30pm at the Lewington Centre.

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The Good. The Bad. And Section 106.

Sil Workshop 28-07-05

Spectacle, having established the Silwood Video Group, have been an active presence on the Silwood Estate since 2001, and in nearly 10 years of voluntary film-workshops and attendance at Residents’ Meetings, we have seen the landscape of this slice of South-East London change, and change as a result of regeneration.

Since 2005 at the Residents’ Forum Meetings, which are now held quarterly, the residents have asked to see the business plans for development and to have access to details of Section 106, which was declared a ‘non-public document’ by the London & Quadrant NIT Manager on the Silwood. The statement was later retracted, but the Section 106 document, to date, has not been made available to residents.

Tower Homes, the commercial wing of London & Quadrant, won the planning permission rights to the land in the Silwood area, on which they intended to build luxury apartments. By law, this makes them accountable to Section 106 Agreement of the Town and Country Planning Act (1990), which states that if development is agreed upon, for example, Lewisham Council awarding planning permission to Tower Homes, then the new landowners must provide resources that are of benefit to the community that will be affected by the development. In the case of the Silwood, London & Quadrant was entrusted with the responsibility of overseeing the re-provision of community facilities, play areas/ parks, and youth centres on the Estate, which were demolished as a result of the regeneration process. The Lewington Centre was then built as a replacement for the former community centre and the Cyber Centre under Section 106.

Residents are currently being asked to pay relatively steep rates in order to use their new Centre, but the bone of contention lies in the fact that, according to the ‘Regeneration Project Initiation Document’, freely available from Lewisham Council, London & Quadrant allocated a fund of £2 million in order to meet their Section 106 obligations. On top of this, despite the claim of London & Quadrant representatives at Residents’ Meetings on the Silwood that these rates are essential to their business plan and the long-term running of the Lewington Centre, their business plan for 2009 shows that they have made a profit in the region of £120, 000. So why do they seem so unwilling to invest in fully rebuilding the local infrastructure?

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Silwood Land for Silwood Residents?

Sil 180707

As part of the continued regeneration of the Silwood Estate, an application has been submitted by London & Quadrant Housing Association for planning permission on vacant land that residents wanted to be used to provide play areas for their children. After a series of quarterly meetings in which residents were unable to obtain information from L & Q representatives as to status of the Lewisham Council-owned land, it has become apparent that the housing trust themselves have made a bid for it. According to Planning Application DC/09/73169/X , L & Q are seeking permission to build tower blocks ‘ranging from 2 storeys… to 6 storeys’ in the area north of Silwood Street. Residents have requested that this issue be raised at the next Silwood Community Meeting.

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Silwood Community Forum – Wednesday 5th May

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There will be a comunity meeting at the Lewington Centre on the Silwood Estate next Wednesday, 5th May, at 6.30pm. On the agenda is: 1) Introductions & Apologies; 2) Minutes of Last Meeting; 3) Lewington Centre – Steering Group; 4) Project Updates on: Housing, Police, Catch 22, Community Development, Funding Opportunities; and 5) Any Other Business.

For more information on the Silwood and our on-going involvement, check out our Silwood blog

Neighbourly Encounter Video

Neighbourly Encounter: Missing Sculpture

Visit Silwood Video Group to view archive of local historian Tony McTurk and Artist’s model David Grist visit to the Silwood Estate in 2002 to find the missing sculpture Neighbourly Encounter by artist Uli Nimptsch.