Land contamination Information requirements for planning applications Version 0.05

Transcription

1 Land contamination Information requirements for planning applications Version 0.05 May 2015

2 Table of contents Introduction Outlines the intent of this guidance and defines key terms Required information Outlines the information that is required at relevant stages of application depending upon the scale of development Planning decision Potential outcomes of the planning application process Flow chart Overview of the process Appendix A Sensitive Development Questionnaire Guide to considering contaminated land in the planning process 2

3 Guide to considering contaminated land in the planning process 1 Introduction 1.1 The National Planning Policy Framework (NPPF) published by the Department for Communities and Local Government in March 2012 replaces thousands of pages of national planning policy (including Planning Policy Statement 23: Planning and Pollution Control (PPS23)) and has a primary focus of helping to achieve sustainable development. Section 11 of the NPPF provides guidance on conserving and enhancing the natural environment, and makes a number of statements, in connection with land contamination, the key paragraphs being as follows: Paragraph 120. To prevent unacceptable risks from pollution and land instability, planning policies and decisions should ensure that new development is appropriate for its location. The effects (including cumulative effects) of pollution on health, the natural environment or general amenity, and the potential sensitivity of the area or proposed development to adverse effects from pollution, should be taken into account. Where a site is affected by contamination or land stability issues, responsibility for securing a safe development rests with the developer and/or landowner. Paragraph 121. Planning policies and decisions should also ensure that: the site is suitable for its new use taking account of ground conditions and land instability, including from natural hazards or former activities such as mining, pollution arising from previous uses and any proposals for mitigation including land remediation or impacts on the natural environment arising from that remediation; after remediation, as a minimum, land should not be capable of being determined as contaminated land under Part IIA of the Environmental Protection Act 1990; and adequate site investigation information, prepared by a competent person, is presented. Notwithstanding the above, the NPPF places an emphasis on encouraging the effective use of land by re-using land that has been previously developed (brownfield land), provided that it is not of high environmental value. Planning Policy Guidance is now available online for Land contamination issues. Guide to considering contaminated land in the planning process 3

4 Planning policy guidance states that contamination is more likely to arise in former industrial areas but cannot be ruled out in other locations including in the countryside (e.g. by inappropriate spreading of materials such as sludges, or as a result of contamination being moved from its original source). In addition, some areas may be affected by the natural or background occurrence of potentially hazardous substances, such as radon, methane or elevated concentrations of metallic elements. Planning policy guidance states that a specific investigation can establish whether there is contamination at a particular site, but the possibility should always be considered particularly when the development proposed involves a sensitive use such as housing with gardens, schools or nurseries. All planning applications use the national 1App planning application form. Section 15 (Existing Use) of the 1App form incorporates the principles of the NPPF (as outlined above) and asks a number of questions about the former and existing use of the site. When preparing a planning application the following questions must therefore be addressed and answered accurately with a yes or no on the application form: 1.2 Land which is known to be contaminated This includes sites where relevant information (e.g. previous investigation reports or local knowledge associated with past land use) indicates land contamination, such that the site is not likely to be considered suitable for use in its current state. 1.3 Land where contamination is suspected for all or part of the site This includes land with a previous potentially contaminative use, but where there is no current formal evidence of land contamination. Land with any previous commercial/industrial use, including areas where historical metalliferous mining activity may have taken place, fall into this category. Similarly, land with suspected made ground should also be considered within this category. Further information on potential contaminative activities can be found by reviewing relevant information (e.g. Department of Environment Industry Profiles (DoE, 1995)). Public Protection & Business Support have supplied a historical land use database for use as a development management constraints layer. However, previously developed land with any commercial or industrial former use, irrespective of its specific definition, is likely to require some assessment and will fall under this category. Guide to considering contaminated land in the planning process 4

5 1.4 A proposed use that would be particularly vulnerable to contamination This includes any residential building, school, nursery, allotments and playing fields/recreation areas or similar uses. A proposed change of use from a commercial use to any of the vulnerable groups above is considered to fall within this group. Minor extensions, conservatories, outbuildings and garages are not considered vulnerable provided there is no known or suspected land contamination on the site. It should be noted that contamination is not restricted to land with previous industrial use; it is possible that it may also have occurred on green field sites e.g. spills, intensive pesticide use, waste burial, etc. 2.0 Required Information 2.1 If the answer to any of the above questions is Yes, an appropriate contamination assessment must be submitted with the planning application. Please see Figure 1 for a more detailed explanation including the level of information that will be required which depends upon the nature of the proposed development and whether contamination is suspected on the site. This advice note details the information considered proportionate to meet the requirements of the NPPF. Please note that land in the vicinity of the site may also have to be considered given the potential for contaminants to migrate laterally off site, including gas migration. The precise information requirements are outlined in Table Submitting the correct information with the application will enable it to be processed in timely manner and therefore avoid any delays which may otherwise occur. In certain circumstances it may also avoid the need to impose relevant planning conditions where permission is subsequently granted. The first stage of assessing a site for contamination is to establish its former use(s), its surroundings, and to undertake a walkover survey to collect information about the physical state of the site. If there is known or suspected contamination at the site Environmental Protection Officers from the Public Health and Protection team of Cornwall Council should be consulted at an early stage. If contamination is suspected at this stage it is likely that the applicant will require the services of suitably qualified consultant to undertake further investigatory work. Guide to considering contaminated land in the planning process 5

6 Table 1 Minimum requirements for contamination assessments No suspected or known contamination Minor vulnerable developments* Major vulnerable developments* All other nonvulnerable developments no suspected / previous industrial history, a true Greenfield site Contamination suspected A Brownfield site with previous industrial use or infilled ground Contamination known Existing reports indicate that the site has land contamination issues. *See Table 2 for description of types of development Guide to considering contaminated land in the planning process 6

7 Table 2 Types of vulnerable development Minor vulnerable developments Residential development 1 to 9 dwellings Residential development under 0.5 hectares Mixed use developments including a sensitive end use (see para 1.1) under 0.5 hectares Large extensions to sensitive end use premises (requiring full application) Holiday Premises under 0.5 hectares. Barn Conversions (treated as residential) Change of use applications (proposed change from an industrial/commercial use to a residential or other vulnerable use) Major vulnerable developments Residential development of 10 or more dwellings Residential development over 0.5 hectares in size. Holiday Premises over 0.5 hectares Schools Play areas Hospitals Allotments Mixed use developments including a sensitive end use (see para 1.1) over 0.5 hectares 2.5 Requirement 1 (from Table 1) As a minimum the developer must provide a Phase 1 desk study with the planning application. This should include a desk based study (which looks at all the available historical and environmental information), a site walkover, and the generation of a risk-based conceptual model of the site identifying the potential sources, pathways and receptors at the site ( preliminary risk assessment ). The requirements for a Phase 1 desk study can be found in the document Guidance for the Safe Development of Housing on Land Affected by Contamination, NHBC/EA/CIEH, R&D Publication 66: If the desk study indicates as part of a preliminary risk assessment that potential pollutant linkages are likely on the site then further intrusive investigations will be required in line with CLR 11 Model Procedures for the Management of Contaminated Land. Planning Practice Guidance on Land affected by contamination (released March 2014) states that unless this initial assessment clearly demonstrates that the risk from contamination can be satisfactorily reduced to an acceptable level, further site investigations and risk assessment will be needed before the application can be determined. Guide to considering contaminated land in the planning process 7

8 2.6 Requirement 2 (from Table 1) As a minimum, the applicant must include a completed copy of the Sensitive Development Questionnaire (Appendix A) with the planning application. Please note that the Sensitive Development Questionnaire must be completed by the applicant who must also sign to acknowledge that the information provided is correct. Photographs must be included where relevant. In areas of Cornwall, where metalliferous mining activity is known to have historically taken place, it is strongly recommended that a mining survey is undertaken on this site. If any significant potential contamination sources are identified from this information a formal phased investigation, starting with a formal Phase 1, will be required at the application stage. 2.7 Requirement 3 (From Table 1) A contamination assessment is not required to be submitted with the planning application. 3.0 Planning Decision When the application is decided, it will either be granted without conditions, granted with conditions, or refused. If the application is granted with conditions relating to land contamination then further information will be required (usually before commencement of development). In some cases, further information will be required prior to the decision date if it is deemed that there are significant risks to the development from contamination. These situations will be looked at on a case by case basis and an officer from Public Protection and Support will be able to advise accordingly. Guide to considering contaminated land in the planning process 8

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10 Sensitive Development Questionnaire (for Minor Vulnerable Developments) The following questions must be answered by the applicant or another person who has visited the site and has the appropriate knowledge to be able to provide accurate answers. The signature of the applicant is required to acknowledge the accuracy of the answers and acceptance of ultimate liability for these. Site Address: Q1. Is this development on previously developed land*? (*NB. This includes land used for industrial/commercial purposes or infilled ground, but does not included land where the current or former use is residential) If, Please submit a Phase 1 desk study with your planning application. Q2. Please give a brief description of the site and its buildings: Q3. Please describe the type of land usage surrounding the site North: East: West: South: Q4. Are there any fuel storage facilities on site (including underground and/or above ground petrol, diesel or heating oil tanks)? If then please describe and include photo Guide to considering contaminated land in the planning process 10

11 Q5. Are there any areas of the site where waste disposal has occurred in the past (this will include empty drums or spare machinery parts), or areas where bonfires or incineration has taken place? If then please describe and include photo Q6. Are there any infilled pits or ponds on the site? If then please describe and include photo Q7. Are there any electrical sub stations on the site or fuel lines crossing the property? If then please describe and include photo Q8. Are there any former sheep dip facilities on the site? If then please describe and include photo Q9. Is there any staining, smells or other similar evidence of spillages or contamination on the site? If then please describe and include photo Guide to considering contaminated land in the planning process 11

12 Q10.Are you aware of any circumstances that may have led to land contamination affecting on your site? If then please describe Q11. Please give a brief description of the drainage at the property, please mention if you have any soakaways or interceptors at the site. Q12. Any further relevant information? I/we confirm that, to the best of my/our knowledge, any facts stated in this document are true and accurate and accept any liability in relation to this information Print name Signed Date Guide to considering contaminated land in the planning process 12