{
  "url": "https://openlegislation.uk/town-and-country-planning-entertainment-resort-complex-bedford-special-development-no-2-order-2025/schedule-3/paragraph-14",
  "json_url": "https://openlegislation.uk/town-and-country-planning-entertainment-resort-complex-bedford-special-development-no-2-order-2025/schedule-3/paragraph-14.json",
  "legislation": "uksi/2025/1322",
  "legislation_title": "The Town and Country Planning (Entertainment Resort Complex, Bedford) Special Development (No. 2) Order 2025",
  "legislation_url": "https://openlegislation.uk/town-and-country-planning-entertainment-resort-complex-bedford-special-development-no-2-order-2025",
  "path": "schedule/3/paragraph/14",
  "kind": "paragraph",
  "number": "14",
  "heading": "Land remediation",
  "text": "(1) This paragraph applies to construction work that is identified as giving rise to a relevant contamination risk, whether as a result of an assessment carried out under a CEMP or otherwise, including during the course of carrying out construction work.\n(2) No construction work to which this paragraph applies, other than preliminary work, may be carried out unless the site controller has provided to the Secretary of State—\n(a) a notice under sub-paragraph (6), or\n(b) a notice, report and opinion under sub-paragraph (9),\nin respect of that construction work.\n(3) The site controller must prepare a strategy for carrying out remediation work in respect of the part of the Order land in, on, under or over which construction work to which this paragraph applies is proposed to be carried out (“land remediation strategy”) in accordance with sub-paragraph (4).\n(4) A land remediation strategy must—\n(a) be prepared in substantial accordance with reference document 13 (outline land remediation strategy),\n(b) identify the likely location and nature of any substances in, on, under or over the part of the Order land to which it relates, whose presence may give rise to a relevant contamination risk, and\n(c) assess whether, and, if so, in what ways, any construction work proposed to be carried out in, on, under or over that land will cause significant harm or significant pollution or a significant possibility of significant harm or significant pollution.\n(5) The risk assessment carried out under sub-paragraph (4)(c) must be undertaken by a suitably qualified contaminated land practitioner—\n(a) in substantial accordance with the requirements of British Standard BS 10175:2011+A2:2017, and\n(b) having regard to any guidance—\n(i) issued by the Secretary of State in accordance with section 78YA of the Environmental Protection Act 1990, or\n(ii) published by the Environment Agency in relation to land contamination,\nthat has not been withdrawn.\n(6) Where the suitably qualified contaminated land practitioner carrying out a risk assessment under sub-paragraph (4)(c) concludes that the construction work to which that risk assessment relates will not give rise to significant harm or significant pollution or a significant possibility of significant harm or significant pollution, the site controller must give the Secretary of State, in respect of that construction work—\n(a) a notice setting out that conclusion, and\n(b) the suitably qualified contaminated land practitioner’s confirmation of that conclusion.\n(7) Where, in respect of some or all of the construction work or some or all of the land to which a risk assessment under sub-paragraph (4)(c) relates, the suitably qualified contaminated land practitioner carrying out the risk assessment does not reach the conclusion in sub-paragraph (6), no construction work to which this paragraph applies and to which that risk assessment relates may be carried out until—\n(a) a scheme (“detailed remediation scheme”) has been prepared and implemented in respect of that land or construction work in accordance with sub-paragraph (8), and\n(b) the notice, report and opinion referred to in sub-paragraph (9) have been provided to the Secretary of State.\n(8) A detailed remediation scheme must—\n(a) be prepared for the site controller by, or under the supervision of, or verified by, a suitably qualified contaminated land practitioner;\n(b) describe the things to be done to ensure that the construction work to which it relates does not give rise to significant harm or significant pollution (“scheme measures”);\n(c) specify—\n(i) the risk of significant harm or significant pollution, or of a significant possibility of significant harm or significant pollution, that the scheme measures are to address;\n(ii) any options for scheme measures and reasons for selecting the preferred option;\n(iii) the criteria for determining that the scheme measures have effectively addressed the risk specified under sub-paragraph (i);\n(iv) the programme of scheme measures, including details of arrangements for managing the movement, reuse and disposal of materials, including measures to assess the suitability of any imported material;\n(d) include a verification plan that—\n(i) provides details of the data that will be collected to demonstrate that the scheme measures have been completed, and\n(ii) identifies any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action;\n(e) be implemented in accordance with its terms.\n(9) Where a detailed remediation scheme has been implemented, the site controller must—\n(a) notify the Secretary of State of the scheme measures undertaken, and their completion;\n(b) provide to the Secretary of State—\n(i) a verification report by a suitably qualified contaminated land practitioner that is consistent with the verification plan referred to in sub-paragraph (8)(d), and\n(ii) the suitably qualified contaminated land practitioner’s expert opinion that if the risk assessment carried out under sub-paragraph (4)(c) were to be repeated, that assessment would lead to them reaching the conclusion in sub-paragraph (6).",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "Investigation of potentially contaminated sites – Code of practice (ISBN 978 0 580 98996 4), published by the British Standards Institution on 3 December 2017."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "1990 c. 43; section 78YA was inserted by the Environment Act 1995 (c. 25), section 57, to which there are amendments but none is relevant."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "See further https://www.gov.uk/government/collections/land-contamination-technical-guidance."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2025/1322/schedule/3/paragraph/14",
    "retrieved_at": "2026-10-28T21:08:22.499243+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}