Contaminated Land &
Water Working Group
The Planning Process
The Planning Regime under the Town & Country Planning Act 1990 is
an important vehicle through which contaminated land investigation and
remediation will occur.
The planning system uses a different definition of contaminated land
than Part IIA of the Environment Protection Act. The planning guidance
uses the terms 'land affected by contamination' or 'land contamination',
which covers cases where 'the actual or suspected presence of substances
in, on or under the land may cause risks to people, human activities or
the environment, regardless of whether or not the land meets the statutory
definition in Part IIA'.
The principal difference is that under the planning system risks have
to be assessed based upon the new or intended use of the
land. Under Part IIA, risks are assessed based upon the existing use
of a site. However, the principles underlying both regimes are
fundamentally the same, the identification and appropriate remediation of
land that may pose a risk to human health and/or the environment.
The actual or possible presence of contamination is a material planning
consideration. When a planning application is submitted, officers from
both the Councils planning and environmental health departments will
consider the site.
If this is considered likely that contamination may have affected your
site then either a condition for the investigation and clean up of the
site will be placed on the planning permission. Alternatively, you may be
requested to carry out remedial works prior to a planning determination
being made. Failure to comply with the conditions could lead to
enforcement action being taken by the Council. It may also lead to delays
in selling properties or securing funds from lenders.
It is strongly advised that you undertake consultation with the
Planning Authority and the Department who deal with contaminated land
prior to submitting an application. This will help you to identify
potential problems early on and minimise delays through the planning
process and during construction.
The responsibility for all aspects of the Development remains at all
times with the developers and their advisors. Developers should therefore
fully appreciate the importance of competent professional advice,
supported by sufficient professional indemnity insurance.
The likely requirements for dealing with land contamination under the
planning regime will be dependent on the proposed end use together with,
past and current uses of the site and surrounding land. There are several
stages for the investigation and remediation of contaminated land. Each
stage will usually have to be agreed in writing by the Planning Department
before further works can commence. The four key components are generally
referred to as, a Phase I Investigation, a Phase II Investigation, a
Remediation Statement and a Site Completion Report.
- The starting point is the desk study or Phase I Investigation.
This includes the current and historical review of all available
information such as historical maps, mining, geology and environmental
information.
- If the collated information from the Phase I Investigations has
identified the potential for contamination, further investigation will
be required. This normally consists of intrusive investigation
(boreholes, trial pits etc.) and risk assessment of the data to
identify if remediation is necessary. These investigations are known
as Phase II Investigations.
- If the Phase II investigations identify contamination, then a Remediation
Statement should be written detailing what remediation and
protection actions are required to make the development suitable for
use. Remediation may then be carried out and the development
completed.
- The final stage is the submission of the Site Completion Report.
This details all the works carried out and provides documentary
evidence that the remediation has been completed to a satisfactory
standard and mitigated the potential or actual contamination risks.
For further detailed technical information for the planning process
contact your local authority.
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