How to Discharge Contaminated Land Planning Conditions

Developments on potentially contaminated land will almost always require some form of risk assessment and will most likely be requested through planning conditions on the decision notice of a planning application. In order to discharge contaminated land planning conditions you will need a Contaminated Land Investigation that focuses on 1 or all 4 distinct phases. We can advise you on what to do, the process and the industry jargon in this brief guide to discharging contaminated land planning conditions.

In order to discharge contaminated land planning conditions you will need a Contaminated Land Investigation that focuses on 1 or all 4 distinct phases. We would only carry out these phases in the specific order listed below, however, the proceeding phase may not have to be carried out if unacceptable risks of contamination are not found in the prior phase.

Phase 1 Preliminary Risk Assessment (Desk Study) - Initially, we would carry out a desk study, also known as a Phase 1 Preliminary Risk Assessment, to identify potential contamination issues at the site. It may be the case that particular contamination issues have been specifically addressed in the planning approval decision notice, in these cases our desk study would focus on these issues and determine the potential level of risk presented by them. For example, we've carried out contaminated land investigations to comply with planning conditions for projects near petrol stations and similar sites where potential petroleum hydrocarbon contamination is a concern. In some cases, where minimal risks are identified in a desk study, no further assessment is needed and the contaminated land planning condition can be discharged at this stage. However, if the Phase 1 Preliminary Risk Assessment identifies an unacceptable risk from contamination, a Phase 2 Intrusive Site Investigation will be required. Ultimately, the Environmental Health Officer assigned to the planning application would determine if further phases are required, following their review of the recommendations provided in the desk study.

Phase 2 Intrusive Site Investigation - To get a more detailed assessment of the level of contamination at the site, it may be necessary to carry out an intrusive assessment. This would involve taking samples of soil or water and testing them in a UKAS accredited laboratory to find out if there is any contamination present. If at this stage no contamination is found, the contaminated land planning conditions can be discharged, however, if contamination is identified a remediation strategy would need to be implemented.

Phase 3 Remediation Options Appraisal - This phase would only be required if unacceptable levels of contamination have been identified through a Phase 2 Intrusive Site Investigation. Remediation strategies are less common than phases 1 and 2 and are very specific to each project. As with the previous 2 phases, the Environmental Health Officer assigned to the planning application would determine if a remediation strategy is required, following their review of the recommendations made in the Phase 2 Intrusive Site Investigation.

Phase 4 Verification Report - Primarily carried out on projects with more complex remediation issues, a Phase 4 Verification Report is conducted to confirm that remediation has successfully mitigated the land contamination risk and is the final phase required to discharge contaminated land planning conditions.

What are Contaminated Land Planning Conditions & Why are They Relevant

Some specific sites may have particular noteworthy potential contamination issues that are outlined in the planning conditions. For example, the potential for fuel spillage on a site near a petrol station or contamination from an old factory may be specifically mentioned in the planning conditions. Sometimes standard planning conditions may be added to a decision notice purely as a precaution to ensure that development doesn't occur on contaminated land even if there may be no obvious contamination issues at the site. These conditions are sometimes requested as a phased process in multiple separate conditions or sometimes as one condition requesting a full contaminated land investigation, also known as a contaminated land assessment or contaminated land report.

It's important to note that in order to follow UK legislation for risk assessments the process will always require a phased approach, starting with a Phase 1 Preliminary Risk Assessment (Desk Study), followed by a Phase 2 Intrusive Site Investigation, Phase 3 Remediation Options Appraisal and finally a Phase 4 Verification Report, where required.

How We Can Help You Discharge Contaminated Land Planning Conditions

Dealing with Local Authorities and understanding what is required to discharge contaminated land planning conditions is no easy task, however, we have years of experience and are here to help with detailed desk studies, soil and water sampling, for analysis in a UKAS accredited laboratory, and clear, easily understandable reports, including detailed interpretations of contaminant concentrations in sampled soil or water. Our contaminated land investigations provide information on a variety of potential contaminants, including heavy metals, hydrocarbons and asbestos, but will be tailored to the specific needs of the project to ensure contaminated land planning conditions can be complied with.

Case Study - Following initially contacting North Hertfordshire District Council directly to obtain approval for our proposal to discharge a contaminated land condition placed on planning approval for the construction of a residential dwelling. We then conducted the agreed Contaminated Land Investigation, with discharge of the contaminated land condition confirmed within weeks, allowing our client to continue with his project.

Environmental Condition has been approved, all smooth and unexpectedly fast! Thank you for your contribution and absolutely valuable help on this!

Meet Our Land Contamination Planning Consultants

Consultants - Supervised by our Chief Technical Officer, Louis Turner, our fully comprehensive contaminated land investigations for planning conditions, are carried out by highly qualified consultants, combining over 30 years experience with recognised in-depth technical qualifications in identification of contamination and environmental issues, as well as the implementation of remediation work.

Management - Our wealth of experience in project management, logistics and environmental consulting allows us to provide efficient, friendly and high quality contaminated land services for our clients. As a company, we believe that helping clients achieve their goals while simultaneously protecting the environment is a true "win-win" situation.

Partners - Our experienced, professional and qualified construction and consulting partners further extend the range of environmental and land contamination services we are able to provide. Our partners provide our clients with services such as waste management, remediation implementation and construction services.

Contact Us - Contact us and let us know your requirements. If you receive planning approval for a project with contaminated land conditions attached, it's important that you conduct a suitable contaminated land investigation, carried out by professional environmental consultants. We're able to carry out contaminated land investigations for a wide range of sites, allowing you to continue with your project stress free. If your requirements are more complex, or you're looking for more information about how to discharge contaminated land planning conditions or our company, a more formal consultation may be necessary. Following initial consultation we can provide an outline proposal detailing how we can help and the costs involved.

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