OpenLegislation

Paragraph 13 Contamination of land or groundwater and controlled watersI1

England and Wales

(1)

No stage of the authorised development may commence until a written scheme applicable to that stage to deal with the ground conditions, including contamination of any land or groundwater, within the Order limits which are likely to cause significant harm to persons or pollution of controlled waters or the environment has been submitted to and approved by the relevant planning authority, after consultation with the Environment Agency.

(2)

The scheme must accord with the approach set out in the Environmental Statement Appendix 14A Land Contamination Desk Study (Document5.4.14A(A)), to identify the extent of any contamination and the remedial measures to be taken to render the land fit for its intended purpose, should remedial measures be required then the implementation and validation of these will be documented in a verification report, to be submitted to the relevant planning authority.

(3)

If during any stage of the authorised development, contamination not identified in Document 5.4.14A or addressed in the scheme prepared in accordance with sub-paragraph (1) is found to be present within the Order limits and which is likely to cause a significant possibility of significant harm to persons or pollution of controlled waters or the environment then, except in the case of emergency, no further development in the vicinity of the contamination may be carried out until a written scheme to deal with the associated risks has been submitted to and approved by the relevant local planning authority, following consultation with the Environment Agency.

(4)

Remediation measures must be carried out in accordance with the approved scheme referred to in sub-paragraph (1) or (3) as appropriate.

(5)

In this Requirement, “controlled waters” has the same meaning as in Part 3 of the Water Resources Act 1991f1.

Annotations

Commencement

I1

Sch. 3 para. 13 in force at 24.8.2017, see art. 1

Footnotes

f1

1991 c. 57.