Before you submit a planning application
If land contamination could affect your development, you should submit a desk study and site investigation as part of your planning application.
In some cases, the Local Planning Authority (LPA) may agree that these reports can be submitted through a pre-commencement planning condition. Applicants will have 10 working days to comment on any proposed pre-commencement conditions and may choose not to accept this approach.
If an applicant does not accept a pre-commencement condition where contaminated land is a concern, the LPA may not be able to grant planning permission.
Why contamination assessments are needed
Government policy supports the redevelopment of land by making it suitable for its intended use. Where contamination may be present, an assessment may be required:
- during pre-application discussions
- when a planning application is submitted
- to discharge a planning condition after permission has been granted
Land contamination can result from:
- previous industrial activities
- historical waste disposal
- accidental spillages
- naturally occurring substances
- ground gases
- contaminated groundwater
If contamination is not properly assessed and managed, it can pose risks to:
- human health
- the environment
- buildings and infrastructure
- economic development
Planning requirements
The National Planning Policy Framework identifies land contamination as a material planning consideration.
Developers and landowners are responsible for ensuring a site is safe and suitable for its proposed use.
For sites with a potentially contaminative history or a sensitive end use, such as housing, schools or nurseries, a desk study should be submitted with the planning application.
Failure to appropriately address contamination risks during development could result in action being taken under Part 2A of the Environmental Protection Act 1990.
Building Regulations may also require evidence that contamination and ground gas risks have been properly assessed and managed.