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Planning Policy aims to ensure that developed land is
"suitable for use" and does not cause further pollution. This
places responsibilities on owners and developers to assess the
extent and nature of any potentially harmful substances on their
sites.
Where there is reason to suspect that a site may be contaminated
then certain information will be required to support planning applications in relation
to that site. Persons are advised to contact the Environmental
Protection team at the earliest opportunity if they are aware
of contamination at any proposed development site.
Investigation and risk assessment will need to be undertaken at
potentially contaminated sites, the findings of which should be
supplied in support of planning applications. Such work should be
completed by suitably qualified contractors or consultants. Should
the work indicate that contamination may pose unacceptable risks
then remediation and/or mitigation measures will need to be
undertaken prior to the commencement of development. Such work is
likely to be more difficult and expensive if it is not commenced
until development is already underway.
Land contamination reports submitted to the planning department
in support of a planning application will be reviewed by the
Environmental Protection team to ensure that it is compliant
with statutory guidance and that recommendations are suitable. The
Environmental Protection team will advise on planning
condition requirements and likely requirements for further
investigation and remediation.
The following shows an ideal sequence for developers who wish to
develop any site which is thought to have potential land
contamination issues:
- Consult us and submit planning application with desk study
(contaminated land) report (approval granted subject to
conditions).
- Consult us on requirements for site investigation. If required
complete site investigation and submit report that includes a risk
assessment and recommendations for further work.
- Consult us on requirements for remediation. If required
complete and submit remedial strategy.
- Consult the Council on validation/completion proposals. Submit
validation report.
- Land contamination conditions discharged and site considered to
be suitable for use.
Further information on our requirements may be found in
the our Developers Guide to Contaminated Land.
It is the developer's responsibility to ensure that development
is safe and suitable for use. Should this not be achieved then
developers could be liable under other legislation should harm or
pollution occur on the site in future.
Further information may be found in
Planning Policy Statement 23 Annex 2:Development on Land Affected
by Contamination. The Environment Agency's procedures for the
management of contaminated land are detailed in
Contaminated Land Report 11 (CLR11).
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