Judicial Review Appeal with Potentially Far Reaching Implications for Contaminated Land Rejected

In summary we can breath a sigh of relief and carry on as before with a system that allows contaminated land to be dealt with by planning conditions.

An appeal for judicial review was made against a Derbyshire council’s consent for a 200-home development less than 100m from a former landfill. The points of appeal in a layman’s summary were a contention that the contaminated land issues had not been adequately addressed. The appeal was rejected after concluding that there was no obligation for any potential contamination of the application site to be assessed and removed before approval was granted.