OpenLegislation

Paragraph 14 Contaminated land and groundwaterI1

England, Wales and Scotland

(1)

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

(2)

The scheme must include an intrusive geotechnical investigation and assessment report to identify the extent of any contamination and any remedial measures to be taken to render the land fit for its intended purpose.

(3)

Should any remediation be identified as necessary in the investigation and assessment report, such remediation must be carried out in accordance with the approved scheme.

(4)

If during the construction of the authorised development further contamination not previously identified is found to be present at the site, then no further work must be carried out on that part of the site until—

(a)

a risk assessment has been carried out and the results of the risk assessment have been provided to the relevant planning authority; and

(b)

such additional mitigation measures (if any) as may be identified by the risk assessment have been incorporated into the approved scheme.

(5)

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

Annotations

Commencement

I1

Sch. 1 Pt. 2 para. 14 in force at 25.3.2016, see art. 1

Footnotes

f1

1991 c.57.