Contaminated Land Assessment

Picture of remedial works to a contaminated land site

Planning Policy Statement 23: Planning and pollution control explains that the condition of the site itself, where it is known to be or likely to be contaminated, and any potential remediation is a material planning consideration. Without duplicating pollution controls, the planning authority must be satisfied that there will be no unacceptable risks to health or the environment from the proposed works or use, for future occupiers and those carrying out the development.

A Contaminated Land Assessment should identify all potential sources of contamination and provide details about the nature of any risks to human health and the wider environment. Risks should be assessed in accordance with current technical guidance published by DEFRA, particularly Contaminated Land Research reports (CLR7-10). Where potential risks are identified, details of the proposed remediation measures will need to be submitted. In circumstances where there is potential for contamination of surface water and/or groundwater the Environment Agency will need to be consulted.

In high risk sites it may be necessary to establish whether or not the site is suitable for the use or works proposed before planning permission can be granted. In low risk sites it may be possible to condition details of investigations and any remedial works required. The Council has published general advice to developers on the site investigation procedure, which also describes what information should be included in a Contaminated Land Risk Assessment. In all cases where contamination is possible, it is recommended that at least a desktop study of the potential for historic contamination is carried out, and the results of the study submitted with a planning application.

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