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Minimising Delay in Discharging Contaminated Land Planning Conditions

Submitted by Peter George on

Why Are They Imposed?

Local Planning Authorities (LPAs) usually impose a number of planning conditions on the granting of planning permission. When a site or surrounding area has a history of industrial or potentially contaminating uses a contaminated land planning condition will be imposed. These conditions aim to ensure that the land is suitable for the proposed use and does not pose any risks to public health or the environment.

 

Pre-Application

The first step to minimising delay is to find out at the pre-application stage if a contaminated land planning condition will be imposed. A phase 1 desktop study can then be submitted with the planning application which means one less stage on granting of planning permission.

 

If the phase 1 desktop study advises that there will be no significant elevated risk and the LPA agree then there will be no need for a contaminated land planning condition. If on the other hand a potential elevated risk is identified the remaining stages will be conditioned.

 

Contaminated Land Condition Stages

To discharge a contaminated land planning condition, several key steps and requirements must typically be met. Phase 1 desktop, phase 2 intrusive investigation and phase 3 remediation strategy are usually pre-commencement conditions with phase 4 verification being a pre-occupation condition.

 

Phase 1 – Desk Study Report

As noted above either as part of the applications or on granting of permission a Phase 1 – Desk Study Report is required. This is a preliminary risk assessment, including a site walkover, to determine the potential for contamination. The report will include:

  • Historical maps and site uses.
  • Environmental setting, including geology, hydrogeology, and hydrology.
  • Potential contaminative sources, pathways, and receptors.
  • Recommendations for intrusive site investigations, if necessary.

Typically we advise clients that this can be completed in 15 working days but this timescale can be reduced where necessary.

 

Site Investigation Scheme

Some LPAs specify that a site investigation scheme is submitted and approved prior to the investigation. In any event we recommend this approach to ensure that the LPA approve of the scope. Should the LPA decide that some additional investigation is required this will inevitably lead to a delay.

This scheme is based upon the sources and the risks identified in the phase 1 desktop study and sets out the details for, where relevant, the monitoring, sampling and testing of soil, vapour, ground gas, surface and groundwater.

 

This can be prepared and submitted with the phase 1 desktop study.

 

Phase 2 – Intrusive Site Investigation

If potential risks are identified in Phase 1, an intrusive investigation will be required. This can include:

  • Boreholes, trial pits, and soil sampling.
  • Groundwater and surface water sampling.
  • Ground gas and vapour monitoring.
  • Laboratory analysis of samples to determine concentrations of contaminants.

 

The risk assessment will be revised based on detected contamination levels.

If no significant contamination is found then no remediation is required. It will however be necessary to confirm to the LPA on completion that no unexpected contamination was found during the works, if any is found then remedial works will be required.

If significant contamination is found then a remediation strategy will be required.

 

Phase 3 – Remediation Strategy

If contamination is found to pose a risk, a remediation strategy will be required to detail how the contamination will be addressed. This can involve:

  • Selecting appropriate remediation techniques based on the type and extent of contamination.
  • Designing and detailing the remediation process.
  • Detailing any monitoring testing required during remediation.
  • Proposing a post-remediation verification plan to demonstrate satisfactory remediation.

We will provide you with a check sheet of the information we will need from you for the verification so that this can be collected during the works so that the verification report can be completed and submitted as speedily as possible.

 

Phase 4 – Verification

Once the strategy is approved, remediation can commence. After remediation, a Verification Report must be produced to confirm satisfactory completion of the remediation. The report provides evidence, such as site levels before, during and after, certification of soils brought to site, validation sampling results, to demonstrate that the site has been successfully remediated to an acceptable level.

 

Timescale

Each phase must be submitted to the LPA to demonstrate that the planning condition has been satisfied.

The phase 1 desktop and site investigation scheme can be prepared and submitted together. Our standard turn round for these is fifteen working days but this can be reduced if required.

The time required for the phase 2 will depend on the scope, for near surface soil sampling the time from instruction to issue of the report could be four weeks. If ground gas monitoring is required, assuming three weeks lead in for the rig to drill boreholes, six rounds of monitoring at weekly intervals and a week to complete the report, the time from instruction to issue of the report may be ten weeks. Complex sites may require much longer with perhaps an initial investigation to identify areas that require a more detailed investigation.

 

Other considerations

Liaison with Regulatory Bodies: It might be necessary to engage with regulatory bodies such as the Environment Agency (EA) or Natural Resources Body for Wales.

Long-term monitoring: In some cases, long-term monitoring of groundwater or gases might be necessary even after remediation.

It's worth noting that the above is a general outline, and the specifics might vary depending on the LPA and the site's unique circumstances. Always refer to the exact wording of the planning condition.

 

We are Here to Help

Due to the technical nature of contamination assessments and remediation, it is crucial to engage with experienced contaminated land consultants. You can download our flowchart from our resources page. It is never too early to contact us (020 8291 1354) (askgo@gosolve.co.uk) to discuss your project.