OpenLegislation

Paragraph 8 Contaminated Land and groundwaterI1

England and Wales

(1)

In the event that contaminated land, including groundwater, is found at any time when carrying out the authorised development, which was not previously identified in the environmental statement, then no further development (unless otherwise approved in writing by the relevant authorities) shall be carried out within the identifiable perimeters of the area in which the suspected contamination is located. It must be reported as soon as reasonably practicable to the Secretary of State, the Environment Agency and relevant planning authority, and the undertaker must complete a risk assessment of the contamination in consultation with the Environment Agency and the relevant planning authority.

(2)

Where the risk assessment prepared in accordance with sub-paragraph (1) determines that remediation of the contaminated land is necessary, a written scheme and programme for the remedial measures to be taken to render the land fit for its intended purpose and to prevent any impacts on controlled waters must be submitted to and approved in writing by the Secretary of State, following consultation with the Environment Agency and the relevant planning authority on matters related to their functions.

(3)

Remediation must be carried out in accordance with the approved scheme.

Annotations

Commencement

I1

Sch. 2 para. 8 in force at 22.10.2025, see art. 1