Introduction
This guidance will help you decide whether your planning application needs to include information about ground contamination.
Where a contamination assessment is required, your application cannot be validated without it.
In some cases, contamination on neighbouring land may mean that an assessment is needed, even if the source of contamination is not within your site boundary.
The potential for land contamination is a material planning consideration. Developers and landowners are responsible for identifying any contamination risks on their site and ensuring the land is suitable for its proposed use.
Portsmouth City Council is responsible for ensuring that appropriate investigations and remediation proposals are provided as part of the planning process. Responsibility for developing the site safely remains with the developer and/or landowner.
The National Planning Policy Framework (NPPF) states that:
- land should be suitable for its proposed use
- contamination and land stability risks must be properly assessed
- adequate site investigation information must be provided by a competent person
- responsibility for securing a safe development rests with the developer and/or landowner
Before you submit a planning application
Planning applications include questions about contaminated land.
You will need to know:
- the current use of the site
- previous uses of the site
- whether contamination is known or suspected
- whether the proposed development is considered sensitive to contamination
If contamination is known or suspected, supporting information may be required before your application can be validated.
What is known contamination?
Known contamination applies to sites where investigations have identified contaminants in the ground.
This includes sites that have already been investigated and remediated.
If contamination has previously been identified on a site, you should answer Yes to the relevant question on the application form.
What is suspected contamination?
Contamination may be suspected where a site has a history of potentially contaminative activities.
Examples include:
- former petrol filling stations
- garages and vehicle repair workshops
- former Ministry of Defence land
- airports
- railway land
- landfill or reclaimed land
- industrial and manufacturing sites
- sites where asbestos may have been present
A contamination assessment may be required to determine whether any remediation is needed.
What is a sensitive development?
Some developments are considered more sensitive to contamination because people may spend significant amounts of time there.
Examples include:
- homes and residential developments
- schools
- nurseries
- hospitals
- allotments
- community gardens
- parks and play areas
Applications for these types of development are more likely to require a contamination assessment.
What information do I need to submit?
The level of information required depends on the type of development and the potential contamination risks.
Low-risk developments
Many householder applications and some changes of use may not require a contamination assessment at application stage.
However, contamination conditions may still be applied if risks are identified later.
Medium-risk developments
Some applications may need an environmental search.
If the environmental search identifies a possible source of contamination, a Phase 1 Desk Study may also be required.
Higher-risk developments
Applications on potentially contaminated land, or for sensitive developments, will usually require a Phase 1 Desk Study.
Where contamination risks cannot be fully assessed through a desk study, a Phase 2 Site Investigation may also be required.
What is a Phase 1 Desk Study?
A Phase 1 Desk Study is the first stage of a contamination assessment.
It usually includes:
- site history
- historical maps
- planning history
- environmental information
- a site walkover survey
- a preliminary risk assessment
- a conceptual site model
The purpose of the study is to identify whether contamination risks may be present and whether further investigation is required.
Environmental searches
Environmental searches can help identify potential contamination risks.
They typically include information about:
- historic site uses
- landfill sites
- industrial activities
- environmental permits
- local authority records
- environmental setting
Portsmouth City Council can provide environmental search information for a fee, including information held by the Contaminated Land Team.
Off-site contamination
In some circumstances, contamination from nearby land may affect your development site.
For example, further assessment may be required if:
- a neighbouring site has a known contamination source
- a landfill site is located nearby
- contamination could migrate onto the site through soil, groundwater or ground gas
Each case will be assessed on its own merits.
Get advice before you apply
If you are unsure whether your development requires a contamination assessment, contact the Contaminated Land Team before submitting your application.
Early discussions can help identify information requirements and avoid delays during the planning process.
Email: contaminated.land@portsmouthcc.gov.uk
Telephone: 023 9284 1399