OpenLegislation

Paragraph 6 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, it must be reported as soon as reasonably practicable to the Secretary of State, the relevant planning authority and the Environment Agency, and the undertaker must complete a risk assessment of the contamination which includes consideration of whether construction, either in whole or in part, should be halted and appropriate timescales for remediation in consultation with the relevant planning authority and the Environment Agency.

(2)

Where the undertaker 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 must be submitted to the Secretary of State for approval, and the Secretary of State will consult the relevant planning authority and the Environment Agency on matters related to their functions before giving such approval.

(3)

Where it has been determined under sub-paragraph (1) that development, either in whole or in part, should be halted, development may not re-commence until—

(i)

the written scheme and programme for remedial measures in sub-paragraph (2) has been approved by the Secretary of State; and

(ii)

any works identified in the approved scheme as necessary before recommencement have been carried out.

(4)

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

Annotations

Commencement

I1

Sch. 2 para. 6 in force at 18.6.2020, see art. 1