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Press Release - September 09
Wilbourn Associates receive many queries from developers, architects, planning consultants, etc regarding the requirement for desktop studies into potentially contaminated land for redevelopment, particularly where residential development is involved. Many of these are received late in the day where there is a danger that the planning application will be rejected because the relevant documents have not been submitted.
This evolves from the requirement for all planning applications to use the national 1APP planning application form since April 2008. Section 15 of this document highlights the requirements of PPS23, the Government’s guidance on land affected by contamination.
PPS23 states that “because of the widespread potential occurrence of contamination, the possibility should always be considered, regardless of past land use, when development is proposed involving or introducing a particularly sensitive use such as housing with gardens, schools, nurseries or allotments.”
The guidance puts responsibility on the developer to ensure that a development is safe and suitable for use for the purpose for which it is intended. The risks from potential contamination should therefore be identified and assessed at the application stage of the planning process using the 1APP planning application form.
Under Section 15 of 1APP the applicant is required to answer 3 questions regarding the potential for contamination.
1. Land which is known to be contaminated?
2. Land where contamination is suspected for all or part of the site?
3. A proposed use that would be particularly vulnerable to the presence of contamination?
Question 3 is particularly important as this would include, amongst others, residential development (a single dwelling or more), schools, nurseries and allotments. Therefore ANY development for these uses (regardless of the site’s history) would require an appropriate contamination assessment. This will usually be in the form of a Phase 1 Study requiring a desktop study, site walkover and risk assessment by a competent and appropriately qualified person.
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