Contamination Planning Condition
BRD can help discharge your planning condition
It is now common for planning permission to include a condition(s) relating to contamination assessment and remediation. Such conditions are usually applied when the local authority has reason to believe that the potential development site may be affected by contamination such as previous industrial use. Alternatively the planned development may be a sensitive land use such as residential and the authority wants to ensure it is safe for future residents. Indeed, in some areas a contamination condition is applied to all residential development planning permissions regardless of the site’s former use.
Where there is strong evidence that the site may be affected by contamination, the local authority may reject a planning application unless an acceptable Phase 1 desk study (preliminary risk assessment) has been provided at the application stage. The Environment Agency as a planning consultee could also object to an application for the same reason. The premise for such decisions is that the applicant has failed to demonstrate understanding of the risks that may be involved in the development of the site. BRD can provide pre-application advice as to whether a Phase 1 desk study can be reasonably expected by the planning authority.
The actual contamination planning condition(s) imposed tend to follow a standard pattern that covers all phases of assessment through to verification of remedial measures. As a result, the wording of these conditions can sometimes be a bit confusing to Clients. The reality is that for some sites where there is no evidence of contaminantive use, a simple Phase 1 desk study will be all that is required to discharge the condition. Others may need a Phase 2 ground investigation to prove the lack of contamination risks and allow discharge. Contaminated sites will progress through all the phases and may require several reports to achieve discharge.
Whether you have a contamination condition on your planning permission or need help with an application for a contaminated development site, get in touch with BRD to help you progress your site.