Paragraph 17 Contaminated land

(1)

No part of the authorised development may commence until a site investigation and risk assessment has been carried out to assess the nature and extent of contamination within any land on which intrusive groundworks in connection with that part of the authorised development are to be carried out.

(2)

The site investigation and risk assessment carried out under sub-paragraph (1) must be—

(a)

based on the preliminary risk assessment of contaminant sources, pathways and receptors contained in the environmental statement;

(b)

carried out in accordance with the Department for Environment, Food and Rural Affairs' and the Environment Agency's “Model Procedures for the Management of Land Contamination” Contaminated Land Report 11 document, and must include—

(i)

a survey of the nature, extent and scale of contamination within the relevant area;

(ii)

an assessment of the potential risks to human health, property and other relevant receptors; and

(iii)

an appraisal of remediation options and proposal of the preferred option where the site investigation and risk assessment indicates that remediation is required as a result of the proposed intrusive groundworks in order for the relevant area of land not to meet the definition of “contaminated land” under Part 2A (contaminated land) of the Environmental Protection Act 1990 M1; and

(c)

supplied to the relevant planning authority as soon as reasonably practicable following its completion.

(3)

Where the site investigation and risk assessment carried out under sub-paragraph (1) contains an appraisal of remediation options and proposal of the preferred option as required by sub-paragraph (2)(b)(iii), a remediation strategy must be submitted to and approved in writing by the relevant planning authority which must include—

(a)

remediation measures required as a result of the proposed intrusive groundworks to ensure that the site will not meet the definition of “contaminated land” under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land following remediation; and

(b)

a verification plan, providing details of the data to be collected in order to demonstrate that the works set out in the remediation scheme submitted for approval under this sub-paragraph are complete.

(4)

The remediation strategy approved under sub-paragraph (3) must be implemented as part of the authorised development.

(5)

Following the implementation of the remediation strategy approved under sub-paragraph (3), a verification report, based on the data collected as part of the remediation strategy and demonstrating the completion of the remediation measures must be produced and supplied to the relevant planning authority.

(6)

Where the verification report produced under sub-paragraph (5) does not demonstrate the completion of the remediation measures, a statement as to how any outstanding remediation measures will be addressed must be supplied to the relevant planning authority at the same time as the verification report.

(7)

The outstanding remediation measures must be completed to the reasonable satisfaction of the relevant planning authority by the date agreed with that authority.

Annotations

Marginal citations

M1: 1990 c. 43. Part 2A was inserted by section 57 of the Environment Act 1995 (c. 25). The definition of “contaminated land” was subsequently amended by section 86(1) and (2)(a) of the Water Act 2003 (c. 37).