Contaminated Land
Many new developments are built on "Brown Field Land" (previously developed land). If a planning application is made on a area of land that has been previously used for example land that has been used for industrial purposes the planning application may be affected by the presence of contamination.
Contaminated land is defined by Part IIA of the Environmental Protection Act 1990 as 'land which appears to the local authority in whose area it is situated to be in such a condition, by reason of substances in, on or under the land, that: significant harm is being caused or there is a significant possibility of such harm being caused; or pollution of controlled waters is being, or is likely to be, caused.
It is important to ensure that any contamination is dealt with in an appropriate manner to ensure the site is safe for future occupiers.
Contamination is a material planning consideration. This means that Local Planning Authorities (LPA’s) must consider contamination when they prepare development plans or consider individual applications for planning permission.
Planning legislation and guidance places the responsibility on owners and developers to establish the extent of any potentially harmful materials on their sites.
It is the council's duty to ensure that owners and developers carry out the necessary investigations and formulate proposals for dealing with any contamination in a responsible and effective manner. It is the responsibility of the developer to carry out any remediation work required and to satisfy the local authority that it has been undertaken as agreed.
More information about the Council’s approach to development on potentially contaminated land can be found in ‘Contaminated Land – A Guide to Submitting Planning Applications on Contaminated Land’.
