Contaminated land
The Council has a duty under Part IIA of the Environmental Protection Act (EPA) 1990 to devise a strategy to identify all contaminated sites within their area. Where contamination is found to be significant, the Council must actively take steps to remove or reduce the risk to people and the environment. You can see the Council's Contaminated Land Strategy at www.dartford.gov.uk/pollution/contaminated.htm
However, whilst powers exist to require the remediation of contaminated land, Government guidance recognises that land potentially affected by contamination is a material planning consideration and that the most cost-effective time to deal with the problem is when development takes place.
Where an application for planning permission is to be made, it is the responsibility of owners and developers to establish the extent of any potentially harmful materials on their sites. The Council's duty is 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.
Government planning advice on contamination
The Government's planning advice on contaminated land is set out in Planning Policy Statement 23 (PPS 23) on Planning and Pollution Control (2005) and Annex 2 to that document on Development on Land Affected by Contamination. You can find PPS23 at www.communities.gov.uk/index.asp?id=1143916
PPS23 advises that:
"any consideration of the quality of land, air or water and potential impacts arising from development, possibly leading to impacts on health, is capable of being a material planning consideration, in so far as it arises or may arise from or may affect any land use;
the planning system plays a key role in determining the location of development which may give rise to pollution, either directly or indirectly & in ensuring that other uses & developments are not, as far as possible, affected by major existing or potential sources of pollution;
the controls under the planning and pollution control regimes should complement rather than duplicate each other;
the presence of contamination in land can present risks to human health and the environment, which adversely affect or restrict the beneficial use of land but development presents an opportunity to deal with these risks successfully;
contamination is not restricted to land with previous industrial uses, it can occur on greenfield as well as previously developed land and it can arise from natural sources as well as from human activities;
where pollution issues are likely to arise, intending developers should hold informal,pre-application discussions with the LPA, the relevant pollution control authority and/or the environmental health departments of local authorities (LAs) and other authorities and stakeholders with a legitimate interest; and
where it will save time and money, consideration should be given to submitting applications for planning permission and pollution control permits* in parallel and coordinating their consideration by the relevant authorities."
* A pollution control permit is specific to polluting industries. If your application is not within this category, a permit will not be required but you may still need to address land contamination issues as part of your planning application.If in doubt, please ask for clarification.
Annex 2 of PPS23 - "Development of Land Affected by Contamination" states in paragraph 2.40 "Because of the widespread potential occurence of contamination, the possibility should always be considered, regardless of past land use, when development is proposed involving or introducinga particularly sensitive use such as housing with gardens, schools, nurseries or allotments."
Key objectives to be achieved through the planning process
The Department for Communities and Local Government requires local planning authorities and developers to have regard to the technical and policy advice contained in PPS23 and Annex 2 on Development on Land Affected by Contamination.
The good practice set out within the above documents should ensure that, in most instances, potential contamination is identified at an early stage in the planning process.
This should mean that appropriate policies are developed to enable risks to be identified, assessed and overcome so that land affected by contamination can be put to beneficial use and that planning applications are determined on the basis of adequate information.
The potential for adverse effects on human health, the environment (including controlled waters, buildings & neighbouring land), and amenity should thus be reduced to acceptable levels.
The standard of remediation to be achieved through the grant of planning permission for new development (including permission for land remediation activities) is the removal of unacceptable risk and making the site suitable for its new use, including the removal of existing pollutant linkages.All receptors relevant to the site should therefore be protected to an appropriate standard.
As a minimum, after carrying out the development and commencement of its use, the land should not be capable of being determined as contaminated land under Part IIA of the Environmental Protection Act 1990.
Liaison with the Council
Where a developer is proposing to develop land which may be contaminated or is likely to have a particularly sensitive end use, it is advisable to contact the Development Control Section and the Environmental Health Services Section to discuss land contamination issues before submitting a planning application.
Advice will be given on what should be submitted with a planning application and this liaison should prevent time delays and misunderstandings at a later stage in the development.
Before an application is made, the following should be considered and questions answered:-
1.Has a site investigation been carried out to establish previous land use and whether or not there are other possible sourcesof contamination which could affect the proposed development?
2.If No, a preliminary investigation should be carried out. The local planning authority in conjunction with the Environmental Health Services Section can advise regarding possible requirements.
3.If Yes, is there a history of potentially contaminative land use or evidence of other potential sources of contamination which could impact on the development?
4.If Yes, you will need to discuss the requirements of an assessment of risk with the local planning authority in conjunction with the authority's Environmental Health Services Section.
5.If No, submit your site investigation report with your application to the local planning authority.
For further information on land contamination issues please contact:
Environmental Health Services Section
Dartford Borough Council
Civic Centre, Home Gardens
Dartford, Kent DA1 1DR
Telephone 01322 343409 or email environmentaladmin@dartford.gov.uk
