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Unless otherwise agreed by the local planning authority, development other than that required to be carried out as part of an approved scheme of remediation must not commence until parts 1 to 4 below have been complied with. If unexpected contamination is found after development has begun, development must be halted on that part of the site affected by the unexpected contamination to the extent specified by the local planning authority in writing until part 4 has been complied with in relation to that contamination.
Part 1: Site Characteristics
A Phase 1 desk study shall be carried out to identify and evaluate all potential sources of contamination and the impacts on land and/or controlled waters, relevant to the site. The desk study shall establish a 'conceptual model' of the site and identify all plausible pollutant linkages. Furthermore, the assessment shall set objectives for intrusive site investigation works/Quantitative Risk Assessment (or state if none required). Two full copies of the desk study and a non-technical summary shall be submitted to the local planning authority for approval prior to proceeding to further site investigation.
An investigation and risk assessment, in addition to any assessment provided with the planning application, must be completed in accordance with a scheme to assess the nature and extent of any contamination on the site, whether or not it originates on the site. The contents of the scheme are subject to the approval in writing of the local planning authority. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The written report is subject to the approval in writing of the local planning authority.
The report of the findings must include:
(i) a survey of the extent, scale and nature of contamination;
(ii) an assessment of the potential risks to:
- human health;
- property (existing or proposed) including buildings, crops, livestock, pets, woodland, and service lines and pipes;
- adjoining land;
- groundwaters and surface waters;
- ecological systems;
- archaeological sites and ancient monuments;
(iii) an appraisal of remedial options, and a proposal of the preferred option(s).
This must be conducted in accordance with DEFRA and the Environment Agency's 'Model Procedures for the management of Land Contamination, CLR 11'.
Part 2: Submission of Remediation Scheme
A detailed remediation scheme 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 historical environment must be prepared and is subject to the approval in writing of the local planning authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The 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.
Part 3: Implementation of Approved Remediation Scheme
The approved remediation scheme must be carried out in accordance with its terms prior to the commencement of development other than that required to carry out remediation unless otherwise agreed in writing by the local planning authority. The local planning authority must be given two weeks’ written notification of commencement of the remediation scheme works.
Following completion of measures identified in the approved remediation scheme, a verification report (referred to in PPS23 as a validation report) that demonstrates the effectiveness of the remediation carried out must be produced and is subject to the approval in writing of the local planning authority.
Part 4: Reporting of Unexpected Contamination
In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the local planning authority. An investigation and risk assessment must be undertaken in accordance with the requirements of Part 1, and where remediation is necessary a remediation scheme must be prepared in accordance with the requirements of Part 2, which is subject to the approval in writing of the local planning authority.
Following completion of measures identified in the approved remediation scheme, a verification report must be prepared, which is subject to the approval in writing of the local planning authority in accordance with Part 3.
DISCO PA/2022/1050
Applications for discharge of conditions are not open to public consultation and the Local Planning Authority will only accept responses from persons/organisations that have been formally consulted and requested to provide comments.
Application Details
Reference
PA/2022/1050
Proposal
Application to discharge conditions attached to planning permission PA/2021/1451 (conditions 6 & 8)
Relating to
PA/2021/1451
Details of conditions to discharge
Environmental Protection have reviewed the submitted information and are unable to recommend the discharge of this condition. The application to discharge this condition is therefore refused.
Condition 8.Unless otherwise agreed by the local planning authority, development other than that required to be carried out as part of an approved scheme of remediation must not commence until parts 1 to 4 below have been complied with. If unexpected contamination is found after development has begun, development must be halted on that part of the site affected by the unexpected contamination to the extent specified by the local planning authority in writing until part 4 has been complied with in relation to that contamination.
Part 1: Site Characteristics
A Phase 1 desk study shall be carried out to identify and evaluate all potential sources of contamination and the impacts on land and/or controlled waters, relevant to the site. The desk study shall establish a 'conceptual model' of the site and identify all plausible pollutant linkages. Furthermore, the assessment shall set objectives for intrusive site investigation works/Quantitative Risk Assessment (or state if none required). Two full copies of the desk study and a non-technical summary shall be submitted to the local planning authority for approval prior to proceeding to further site investigation.
An investigation and risk assessment, in addition to any assessment provided with the planning application, must be completed in accordance with a scheme to assess the nature and extent of any contamination on the site, whether or not it originates on the site. The contents of the scheme are subject to the approval in writing of the local planning authority. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The written report is subject to the approval in writing of the local planning authority.
The report of the findings must include:
(i) a survey of the extent, scale and nature of contamination;
(ii) an assessment of the potential risks to:
- human health;
- property (existing or proposed) including buildings, crops, livestock, pets, woodland, and service lines and pipes;
- adjoining land;
- groundwaters and surface waters;
- ecological systems;
- archaeological sites and ancient monuments;
(iii) an appraisal of remedial options, and a proposal of the preferred option(s).
This must be conducted in accordance with DEFRA and the Environment Agency's 'Model Procedures for the management of Land Contamination, CLR 11'.
Part 2: Submission of Remediation Scheme
A detailed remediation scheme 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 historical environment must be prepared and is subject to the approval in writing of the local planning authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The 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.
Part 3: Implementation of Approved Remediation Scheme
The approved remediation scheme must be carried out in accordance with its terms prior to the commencement of development other than that required to carry out remediation unless otherwise agreed in writing by the local planning authority. The local planning authority must be given two weeks’ written notification of commencement of the remediation scheme works.
Following completion of measures identified in the approved remediation scheme, a verification report (referred to in PPS23 as a validation report) that demonstrates the effectiveness of the remediation carried out must be produced and is subject to the approval in writing of the local planning authority.
Part 4: Reporting of Unexpected Contamination
In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the local planning authority. An investigation and risk assessment must be undertaken in accordance with the requirements of Part 1, and where remediation is necessary a remediation scheme must be prepared in accordance with the requirements of Part 2, which is subject to the approval in writing of the local planning authority.
Following completion of measures identified in the approved remediation scheme, a verification report must be prepared, which is subject to the approval in writing of the local planning authority in accordance with Part 3.
Ecology have been consulted on the submitted details and raise no objection. This condition is discharged on the basis of the details stated in the Biodiversity Assessment and Management Plan.
Condition 6.
Within three months of the commencement of development, the applicant or their successor in title shall submit a biodiversity metric assessment and biodiversity management plan to the local planning authority for approval in writing.The document shall include:
(i) an assessment of biodiversity loss based on the submitted existing site plan;
(ii) details of measures required to provide at least 1% biodiversity net gain in accordance with the Defra Small Sites metric;
(iii) details of bat boxes and nest boxes to be installed;
(iv) restrictions on lighting to avoid impacts on bat roosts, bat foraging areas, bird nesting sites and sensitive habitats;
(v) provision for hedgehogs to pass through any fencing installed between gardens and between areas of grassland;
(vi) prescriptions for the planting and aftercare of hedgerows, trees and shrubs of high biodiversity value;
(vii) proposed timings for the above works in relation to the completion of the dwellings.
Biodiversity units should be delivered on site, within the red line boundary shown on the submitted location plan. Those that cannot viably be delivered on site should be delivered locally, according to a local plan or strategy.
Condition 6.
Within three months of the commencement of development, the applicant or their successor in title shall submit a biodiversity metric assessment and biodiversity management plan to the local planning authority for approval in writing.The document shall include:
(i) an assessment of biodiversity loss based on the submitted existing site plan;
(ii) details of measures required to provide at least 1% biodiversity net gain in accordance with the Defra Small Sites metric;
(iii) details of bat boxes and nest boxes to be installed;
(iv) restrictions on lighting to avoid impacts on bat roosts, bat foraging areas, bird nesting sites and sensitive habitats;
(v) provision for hedgehogs to pass through any fencing installed between gardens and between areas of grassland;
(vi) prescriptions for the planting and aftercare of hedgerows, trees and shrubs of high biodiversity value;
(vii) proposed timings for the above works in relation to the completion of the dwellings.
Biodiversity units should be delivered on site, within the red line boundary shown on the submitted location plan. Those that cannot viably be delivered on site should be delivered locally, according to a local plan or strategy.
Related Documents
| Document Type | Description | Date | |
|---|---|---|---|
| Amended Documents | Remediation Strategy (condition 8) | 11 December 2023 | |
| Application Form | Download | 22 June 2022 | |
| Decision Notice | condition 6 only | 21 March 2024 | |
| Supporting Document | Geotechnical (Ground Investigation) Report (condition 2) | 8 June 2023 | |
| Supporting Document | Geotechnical (Ground Investigation) Report - Stage 2 (condition 8) | 11 December 2023 | |
| Supporting Document | Biodiversity Assessment and Management Plan (condition 6) | 22 June 2022 | |
| Supporting Document | Phase 1 Desk Study Report (condition 8) | 22 June 2022 | |
| Supporting Document (Superseded) | Phase 3 Remediation Strategy (Condition 8) | 2 May 2023 |
Comments
| Type | Name | Date | |
|---|---|---|---|
| Consultation Reply | Environmental Protection | 11 July 2023 | |
| Consultation Reply | Ecology | 16 September 2022 | |
| Consultation Reply | Environmental Protection | 21 February 2024 | |
| Consultation Reply | Ecology | 22 June 2022 |