Contaminated Land & The Planning Process

In accordance with National Planning Policy Framework (March 2012)(DCLG 2012) development of land is required to be carried out in a sustainable manner. Contamination is a material planning consideration and where development is proposed conditions can be attached to any permission granted for development requiring assessment and subsequent management. Remediation schemes can also need planning permission in their own right.

With regards to planned future use, ODPM (2004) requires land owners and/or developers to ensure the proposed development is safe and suitable for use for the purpose for which it is intended.

The developer is thus responsible for determining whether land is suitable for a particular development or can be made so by remedial action. In particular, the developer should carry out an adequate investigation to inform a risk assessment to determine:-

• Whether the land in question is already affected by contamination through source-pathway-receptor pollutant linkages and how those linkages are represented in a conceptual model.
• Whether the development proposed will create new linkages (e.g. new pathways by which existing contaminants might reach existing or proposed receptors and whether it will introduce new vulnerable receptors).
• What action is needed to break those linkages and to avoid new ones, deal with any unacceptable risks and enable safe development and future occupancy of the site and of neighbouring land.