Paragraph 19 Investigation and remediation of contaminationI1

England, Wales and Scotland

(1)

No part of the authorised development may commence, save for the permitted preliminary works, until the undertaker has consulted with the Environment Agency on a scheme for an investigation of the nature and extent of any contamination on the site, whether or not it originates on the site, the undertaker has submitted this scheme to the relevant planning authority, and the relevant planning authority has approved the scheme.

(2)

The scheme submitted and approved under sub-paragraph (1) must be in accordance with the principles set out in chapter 12 and appendix 12A of the environmental statement and must be undertaken by competent persons.

(3)

The scheme submitted and approved under sub-paragraph (1) must include—

(a)

a survey of the extent, scale and nature of contamination;

(b)

a risk assessment taking into account—

(i)

human health;

(ii)

property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes;

(iii)

adjoining land;

(iv)

groundwaters and surface waters;

(v)

ecological systems; and

(vi)

archaeological sites and ancient monuments (if applicable); and

(c)

an appraisal of the need for remediation to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and (if applicable) historical environment.

(4)

If the appraisal under sub-paragraph (3) (c) identifies the need for remediation then a remediation scheme must be submitted together with the scheme submitted pursuant to sub-paragraph (1).

(5)

Any scheme submitted under sub-paragraph (4) must contain an appraisal of the remedial options available and a description of the proposed remediation works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The remediation scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation.

(6)

The schemes submitted under F1sub-paragraphs (1) and (4) (in the event a remediation scheme under sub-paragraph (4) is required) and approved under sub-paragraph (1) must be conducted in accordance with DEFRA and the Environment Agency’s ‘Model Procedures for the Management of Land Contamination, CLR 11’.

Annotations

Textual amendments

F1: Words in Sch. 2 substituted (5.4.2022) by The South Humber Bank Energy Centre (Correction) Order 2022 (S.I. 2022/421), art. 1(2), Sch.

Commencement

I1: Sch. 2 para. 19 in force at 2.12.2021, see art. 1